Publications
Recent Publications
Elena Kavanagh, "The Divided Sámi: Indigenous Peoples’ Pursuit of Arctic Cross-Border Peace and Sustainability" (2025) International Journal on Minority and Group Rights 1
Abstract: The divide of the Sámi people due to the unfolding tensions along the EU’s external borders with Russia and lack of cooperation in the Arctic are significant barriers to sustainable peace and justice. This issue is undermining the Sámi’s cultural integrity and demands urgent action to recognise Sámi rights and foster cross-border cooperation. This article examines the division across the Sápmi – the traditional lands of Sámi people, focusing on the international legal framework that establishes cross-border rights for Indigenous peoples, with an emphasis on the EU-Russian frontier. The ongoing geopolitical tensions have heightened the importance of these rights for peace and sustainability in the Arctic. The paper aims to highlight this divide and explore the potential violations of cross-border rights due to the geopolitical split. In light of the uncertain future of Arctic cooperation, a unified approach to protecting these rights is essential to mitigate geopolitical risk and foster a sustainable future.
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Samantha Morgan-Williams, Fiona Donson & Rachel Barclay, “The Suitability of the District Court as an Equality Adjudication Venue: Procedural Difficulties within Section 19 Intoxicating Liquor Act Applications” (2024) 44(2) Dublin University Law Journal 67
Abstract: Litigation in the District Court is an adversarial process with potentially significant financial burdens. This article presents research completed in 2022, which examined licensing and District Court procedures for lodging a notice of application under s 19 of the Intoxicating Liquor Act 2003 (discrimination in a licensed premises). The lack of both clarity and information on the correct manner to commence proceedings under s 19 of the Intoxicating Liquor Act 2003 presents a significant access to justice issue for victims of discrimination occurring at licensed premises. This article argues that jurisdiction of cases concerning discrimination at licensed premises should be shifted to a more suitably established equality venue, such as the Workplace Relations Commission (WRC). It is argued that the wholly unsuitable nature of the District Court acts as a significant deterrent to victims of discrimination and underlies the widespread claim that reform of this means of redress is urgently needed.
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Luke Noonan, “Is Insanity a ‘Denial of Proof’ Defence in Irish Law?” (2024) 44(2) Dublin University Law Journal 115
Abstract: This article considers the nature of the insanity defence under s 5 of the Criminal Law (Insanity) Act 2006, in light of the recent conflicting Supreme Court decisions in Abdi v Director of Public Prosecutions and CW v Minister for Justice. It first discusses the Supreme Court’s decision in Abdi, where the Court unanimously found that the special verdict of insanity was a finding of innocence because it negatived the mental element of the crime. This article critically analyses the Court’s reasoning and argues that insanity under the 2006 Act cannot be conceptualised as a ‘denial of proof’ defence. The judgments in CW are then discussed, which appear to endorse insanity as an excuse defence. The article argues that this interpretation of the defence is also incorrect, before concluding that insanity should be regarded as a doctrine of irresponsibility which cannot be equated with a finding of innocence.
Working Papers
The CCJHR Legal Research Working Papers series publishes excellent research in the fields of human rights, crime, justice and law. One of the objectives of the CCJHR is to support the dissemination of research in progress. The Working Paper series is peer-reviewed and edited by the CCJHR. Submissions to the Working Papers series are open to UCC academics, PhD students and research fellows. The series also publishes selected ‘best papers’ from the UCC postgraduate community. For further details, contact ccjhr@ucc.ie.
Available Working Papers:
CCJHR WPS No 1 Sarah Singer Refugee Exclusion Clauses and Terrorism Dec 2012
CCJHR WPS No 2 Claire Smyth IESCR Optional Protocol and Ireland Dec 2012
CCJHR WPS No 3 Ilona Cairns Feminist Perspective on Criminal Law Reform Dec 2012
CCJHR WPS No 4 Colette Barry Irish Prison Officers June 2013
CCJHR WPS No 5 Sarah Jane Judge Legal Capacity of Children
CCJHR WPS No 6 Hajer Almanea The League of Arab States August 2018
CCJHR WPS No 7 Noemi Magugliani Securisation of Migration August 2018
CCJHR WPS No8 Daisy Nabasitu Child Victims in Ugandan Criminal Justice Sept 2018
CCJHR WPS No 9 Sahara Nankan Rethinking the Right to Water Sept 2018
CCJHR WPS No 10 Shannon Greene Gender, Climate Change & Participation April 2020
CCJHR WPS No 11 Katie Coyle Overturned on Appeal May 2020
CCJHR WPS No 12 Niamh Collins Ireland’s Refugee Deterrence Policies March 2021
CCJHR WPS No 13 Camryn Jung Climate Change and Human Trafficking March 2021
CCJHR WPS No 14 Giovanni Chiarini Human Rights vs Complementarity July 2021
CCJHR WPS No 15 Giovanni Chiarini Ecocide and the ICC Nov 2021
CCJHR WPS No 16 Victoria Oluwatobi Isa Daniel Early Legal Advice Feb 2022
CCJHR WPS No 17 Holly O’Callaghan Sex Work Law in Ireland Feb 2022
CCJHR WPS No 18 Katie Fowler Legislating Hate Feb 2022
CCJHR WPS No 19 Johannes Schwaighofer Climate Engineering March 2023
CCJHR WPS No 20 Katie Place Impact of Deforestation March 2023
CCJHR WPS No 21 Bilhah Omulama Kampala Convention April 2023
CCJHR WPS No 22 Dara Clooney Exclusionary Rule in Ireland June 2023
CCJHR WPS No 23 Estelle-Marie Casadesus Switzer Child Soldiers Aug 2023
CCJHR WPS No 24 Susan Juliet Agwang UNESCO and FOI July 2024
CCJHR Wps No 25 Anna Labadie Weeks Migrant Pushbacks at Sea Oct 24
Submissions
CCJHR-Submission-to-Second-National-Plan-on-Business-and-Human-Rights-Sept-2023
TEJP Submission to the National Action Plan Against Racism 2021
TEJP Submission of the Incitement to Hatred Act 1989 (2021)
The Need for Effective Opt-Out from Faith Formation: Response to Draft Primary Curriculum Framework May 2021
TEJP "Submission to IHREC Consultation in relation to Section 19 of the Intoxicating
CCJHR Submission on Irelands Third NAP on WPS Dec 2018
CCJHR Submission on Criminal Justice (Trafficking & Sexual Offences) Bill 2006
CCJHR Submission on Scheme for Immigration Residence and Protection Bill 2006
Research Projects
The CCJHR engages in direct research activities, through research and conferences undertaken by members of the CCJHR and in conjunction with colleagues across UCC and civil society organisations. We gratefully acknowledge the funding provided by different organisations for such research activities.
"Leave No One Behind Behind— Developing Climate-Smart/Disaster Risk Management Laws that Protect People in Vulnerable Situations for a Comprehensive Implementation of the UN Agenda 2030”.
This study was undertaken by IRC-MSCA CAROLINE Research fellow Dr Tommaso Natoli (UCC-IFRC) following his secondment to the IFRC Disaster Law Programme.
Climate Resilience webinar main report July 2021
Climate Resilience webinar summary July 2021
Global Synthesis Report on Law & Policies for Climate Resilience July2021
Law and Policies that Protect the Most Vulnerable: Kenya July2021
Integrating CCA and DRR laws and policies: Lessons from Dominica2021 (Executive Summary: Dominica)
Coherence, Alignment and Integration Hourglass Model D Cubie T Natoli 2021
Law & Policies that Protect the Most Vulnerable PICS May2020 (Executive Summary: PICS)
Compendium on the Post-2015 Global Agenda on Climate-Risk Governance May 2020
Addressing specific vulnerabilities: Lessons from the Philippines2020 (Executive Summary: Philippines)
Literature review on aligning CCA and DRR Dec2019
The 33rd International Conference of the Red Cross and Red Crescent (2019)
Other Research Projects
Implementing Public Sector Duty for Travellers IHREC Report November 2022
Access to Early Childhood Care & Education for Traveller Community Nov2021 (by Denise Baker)
Literature Review: DRM and CCA in Irish Emergency Planning July 2020
Nasc CCJHR Beyond McMahon Report Dec 2018
Nasc-CCJHR Beyond McMahon Conference Summary June 2018
Nasc-CCJHR Racism and Hate Crime Conference Summary Oct 2013
Access to Justice for People with Disabilities as Victims of Crime in Irl 2012
CCJHR UK Migrant Domestic Workers Project April 2012
CCJHR CCTV as a Crime Prevention Strategy D Applebe 2009
CCJHR Subsidiary Protection Case Law Project 2007