This paper explores the interplay of dignity, law and rights as regards the socio-economic rights of asylum seekers. It does so by posing some questions as regards the extent to which this concept of ‘reception' is preferable to the issue of socio-economic rights. This paper is not going to...

This submission relates to two key areas of the draft first report of the Department of Foreign Affairs and Trade (DFAT) on Ireland's 4th periodic report under the International Covenant on Economic, Social and Cultural Rights (ICESCR): (1) the domestic application of ICESCR in Ireland;(2)...

This is a feminist re-imagining of the Supreme Court decision MhicMathúna v Ireland [1995] 1 I.R. 454. The actual Supreme Court decision in this case continues to have a profound impact upon how the Irish superior courts view constitutional socio-economic rights claims. This feminist judgment...

There continued to be significant engagement with human rights issues by the Irish legislature, government and judiciary in 2008. The strengthening of the human rights of trafficking victims, lesbian, gay and bisexual men and women are worthy points of note. This must be contrasted with the...

Lessening perceived pull factors and preventing alleged abuse of welfare systems is proffered as the key rationale for significantly limited weekly social welfare payments for persons claiming asylum. Despite these narratives continuing to dominate parliamentary, Government, judicial and public...

Ireland's approach to after-care for ‘aged-out' separated children is problematic. Currently, upon reaching the age of 18, most separated young people are moved to ‘direct provision', despite the fact that the State can use discretionary powers to allow them to remain in foster care. Direct...

Direct provision is the phrase used to describe the system Ireland utilises to provide minimum supports to those claiming refugee, subsidiary protection and/or leave to remain. Within direct provision, asylum seekers are provided with bed and board, along with a weekly allowance. Accommodation...

The European Court of Human Rights has shown significant weariness in interpreting the European Convention on Human Rights (ECHR) as protecting socio-economic rights. Issues of political legitimacy, judicial proprietary and resource allocation would play more heavily on an internationalised...

Only in recent years has Ireland had to deal with appreciable numbers of asylum seekers coming to her shores. The reception of asylum seekers awaiting determination of refugee claims has drastically altered in that period. From inclusion to exclusion has been the hallmark of the legal regulation...

A third country national is entitled to subsidiary protection from Ireland where she faces a real risk of suffering serious harm if she is returned to her country of origin or country of former habitual residence. ‘Serious harm’ consists of (i) death penalty or execution, or, (ii) torture or...