Seminar: Phakiso Mochochoko

On 27th February 2009 the Centre for Sustainable Livelihoods and the Centre for Criminal Justice and Human Rights will host a Seminar by Phakiso Mochochoko on MDGs and International Justice. The seminar will be chaired by Mrs Mannete Malethole Ramaili, Ambassador of the Kingdom of Lesotho.

The seminar will take place at 1.00 pm in Room 201 O’Rahilly Building (ORB), UCC

Phakiso Mochochoko is the Senior Legal Advisor (Registry) at the International Criminal Court.

For further in formation please contact Dr. Stephen Onakuse at s.onakuse@ucc.ie or at ext. 3350

2008 Publications from CCJHR members

2008 saw a number of publications in criminal justice/human rights and other areas of law from staff and research student members of the Centre for Criminal Justice and Human Rights:

Olufemi Amao:
“Corporate Social Responsibility, Social Contract, Corporate Personhood and Human Rights Law: Understanding the Emerging Responsibilities of Modern Corporations” (2008) 33 Australian Journal of Legal Philosophy 100-133.

“The African Regional Human Rights System and Multinational Corporations: Strengthening Host State Responsibility for the Control of Multinational Corporations” (2008) 12 (5) International Journal of Human Rights 759-786 (Online)

“Mandating Corporate Social Responsibility: Emerging Trends in Nigeria” (2008) 6 (1) Journal of Commonwealth Law and Legal Education 75-95 (Online)

Dr Mary Donnelly:
Community-based Care and Compulsion: What Role for Human Rights? (2008) 15 Journal of Law and Medicine 782-793

The Right of Autonomy in Irish Law (2008) 14 (2) Medico-Legal Journal of Ireland 34-40

Ph.D Candidate Mairead Enright:

“Whither White Western Values? Comparative Perspectives on Culturally Motivated Decision-making for the Child” (2007) 7(1) HLJ 1 (available on Westlaw IE)

“Interrogating the Natural Order: Hierarchies of Rights in Irish Child Law” (2008) 11(1) IJFL 3 (available on Westlaw IE)

Dr Ursula Kilkelly:
European Convention on Human Rights in Irish Law (Jordan; 2008)

With Claire Hamilton, “Human Rights in Irish Prisons”, (2008:2) Judicial Studies Institute Journal 58 (online)

Ph.D candidate Susan Leahy:
“Hard Cases and Bad Law – An Overview of the Criminal law (Sexual Offences) Act 2006”, (2008) 26 Irish Law Times, 38

““In a Woman’s Voice” – A Feminist Analysis of Irish Rape Law”, (2008) 26 Irish Law Times, 203

“Review of J. Temkin and B. Krahé, Sexual Assault and the Justice Gap: A Question of Attitude’, (2008) 5 Web Journal of Current Legal Issues (Online)

Professor Maeve McDonagh
With White, F. ‘eGovernment in Ireland: An evaluation’ (2008) 56(1) Administration 19 – 56.

Dr. Siobhán Mullally:
Editor Irish Yearbook of International Law Vols 1, 2 – (Hart: Oxford, 2007; 2008 -) with Allain J.

“Multiculturalism and Human Rights” in The Universal Declaration of Human Rights at 60 (Chile; Centre for Human Rights, University of Santiago) (2008)

“Universalism”, “Cultural Relativism”, “Polyethnic Rights”, “Right of Exit”, “Multicultural Citizenship”, in New Oxford Companion to Law (Oxford; OUP, 2008); (Guest editor, Multiculturalism and Legal Pluralism)

“Migrant Women Destabilising Borders: Citizenship Debates in Ireland” in Cooper D, Grabham E, Krishnadas J and Herman D (eds). Intersectionality and Beyond: Law, Power and the Politics of Location (London: Routledge; 2008)

“Article 8, Best Interests of the Child and Immigration Law”, in Kilkelly U (ed) European Convention on Human Rights in Irish Law (Jordan; 2008)

Dr Conor O’Mahony:
“Special Educational Needs: Balancing the Interests of Children and Parents in the Statementing Process” (2008) 20 Child and Family Law Quarterly 199
“Constitutionalism and Legislation in Special Educational Needs Law: An Anglo-Irish Perspective” [2008] Public Law 125 (available on Westlaw UK)

Ph.D Candidate Andre Ventura:
Montenegro, Chiado Editora, Lisbon, March 2008 (2nd Ed)

“The Portuguese Constitutional Court: history, memory and judicial activity” (Portuguese) in Annual Book of Portuguese Constitutional Law, Vol. IV, Coimbra Editora, (2008)

“Juridical analysis of the Sentence C – 376/03 of the European Court of Justice (5th of July 2005) – the coherency and systematisation of the European Tax Law” (portuguese) in Revista do Centro de Pesquisas e Estudos Jurídicos de Mato Grosso do Sul (Brazil), (2008) (online)

Seminar: Dr. Nazila Ghanea-Hercock

On 24th February 2009 the Centre for Criminal Justice and Human Rights in cooperation with the UCC Baha’i Cultural Society, will host a research Seminar by Dr. Nazila Ghanea-Hercock, Oxford University entitled ‘Beyond Categorisation?: A Consideration of the Human Rights of the Baha’is of Iran’.

The seminar will take place from 1 – 2.00 pm in O’Rahilly Building (ORB), Floor 2, Room 255, UCC. All welcome.

Dr. Nazila Ghanea-Hercock is University Lecturer in International Human Rights Law, Kellogg College, Oxford University. Nazila is the Editor in Chief of the Journal of Religion and Human Rights. She has carried out funded research with the UK Economic and Social Research Council (ESRC) and was an International Policy Fellow with the Open Society Institute (OSI) 2006-2007. Her research interests in International Human Rights Law include: freedom of religion or belief, women’s rights, minority rights, UN human rights machinery, human rights in the Middle East. She is an affiliated Global Faculty member of BIHE. She initiated and now serves on the Executive Board of the international network ‘Focus on Freedom of Religion or Belief’.

CCTV, Surveillance and privacy – reports from Ireland and the UK

The Centre for Criminal Justice and Human Rights was pleased to welcome His Honour Judge Patrick J. Moran to the launch last week of CCTV as a Crime Prevention Strategy: A Review of the Literature by Dorothy Appelbe. The event took place on the 28th January 2009.

The report is the culmination of research funded by Allianz Ireland, Cork Chamber of Commerce and the Faculty of Law, University College, Cork.

CCTV is one of the most renowned weapons in the fight against crime. In Britain, which is said to be the most surveilled society, public area CCTV began its career as a crime prevention tactic in the 1970s. Since then, Britain has seen a massive proliferation of CCTV. The use of CCTV in the investigation such high profile cases as the abduction and killing of Jamie Bulger, the Admiral Duncan nail-bombing and the London bombings has undoubtedly fuelled the rapid spread of public area CCTV coverage.

By comparison, public area CCTV only really arrived in Ireland in the 1990s. While An Garda Síochána had been the driving force behind the roll-out of CCTV here, the institution of the Community-Based CCTV Scheme in June, 2005 has injected increased fervour into the expansion of CCTV surveillance in Ireland. The availability of various levels of funding to assist in the installation of CCTV has meant communities such as Blackpool in Cork, Clonmel and Tallaght have been able to introduce CCTV systems with a view to reducing the risk of anti-social and criminal activity.

The rationale behind the use of CCTV as a crime prevention strategy is that its presence increases the chances of detection and apprehension thereby deterring would-be offenders. It has also proven useful in the context of police resource allocation and investigation. Furthermore, there is the school of thought that CCTV promotes feelings of security and safety and consequently urban renewal in areas where it is deployed.

There are however a number of concerns surrounding the use of CCTV. While it may be said to deter would-be offenders, there is an argument that the presence of CCTV merely displaces offending rather than actually preventing it. Another criticism is that CCTV is instrumental in the perpetuation of a ‘fortress mentality’, whereby communities baton down the hatches in the face of non-conformity and difference. These aside, the most recognised concerns surrounding CCTV are its impact on privacy and the potential for abuse.

The report documents all of these issues and more and it examines the emergence of CCTV as a crime prevention strategy and the effectiveness it displays in this role.

A week after the launch of the report here in Ireland it is interesting to note that in the UK the House of Lords constitution committee has now published a report entitled Surveillance: Citizens and the State. The report confirms the fact that Britain has established one of the most extensive and technologically advanced surveillance systems in the world on the basis of claims about crime, terrorism and administrative efficiency. The country has an estimated 4m cameras and a national DNA database, with more than 7% of the population already logged compared with 0.5% in the America.

The peers fear that the resultant “surveillance society” risks undermining fundamental rights such as the right to privacy. The report concludes that privacy is an “essential prerequisite to the exercise of individual freedom” and the growing use of surveillance and data collection needs to be regulated by executive and legislative restraint at all times.

In recent years, up to 78% of the crime prevention budget having been spent on CCTV in recent years yet the report notes that there is a lack of clear understanding as to how beneficial the reliance on CCTV is in actually preventing crime. It therefore recommends the UK government undertakes an independent appraisal of research into its use. It also recommends new laws to regulate the use of CCTV in the public and private sectors and the development of “codes of practice that are legally binding on all CCTV schemes, and a system of complaints and remedies”.

The report makes more than 40 recommendations to protect individual privacy, including the deletion of all profiles from the national DNA database except for those of convicted criminals.
Clearly, as we in Ireland contemplate the move towards an increased use in CCTV and other surveillance methods, we are well placed to make sure we learn from the experience of the UK and other countries where surveillance has already become a significant part of strategies for ensuring public safety or detecting crime. Maintaining the correct balance between these issues and the right to privacy is essential to ensuring a healthy democracy and a sense of trust between citizens and the state.