The Governor of the Dóchas centre, the main female prison in the state has resigned because of the “serious undermining” of her position and an “overall lack of respect by senior personnel in the Irish Prison Service”.
The first hand evidence given by Ms McMahon of the degree of overcrowding and its effects on rehabilitative regimes and simple day-to-day living gives an insight into the reality of what we have known for some time. Overcrowding is becoming chronic in the Irish prison system and that this is leading to increased tensions, diminished services and fewer opportunities to facilitate those imprisoned to change their lives. As the former Governor notes, what had been a flagship, progressive regime will be replaced by one in which tensions, self-harm and bullying would reappear, and in which health, educational and training facilities would become overloaded.
While this is extremely worrying, particularly as there appears to be no concerted strategy to deal with the issue of growing prison numbers in the short, medium and indeed long term, there is a concern arising out of Ms McMahon’s description of life in Dóchas which is a new one and perhaps even more significant and disquieting.
Ms McMahon states that the relationship between those in charge of the day to day regime within the Dóchas Centre and officials from the Irish Prison Service had deteriorated because of unannounced visits and lack of consultation in operational decisions, such as that to place bunk beds in rooms designed for one prisoner. Read more…
We are pleased to welcome a third guest post from Kieran Walsh. In this post, Kieran continues Mairead’s discussion of forced marriage in the Republic and considers whether child abduction law could be used in Ireland to protect children from being forced into marriage. He argues, in particular, for a child-focused approach to child abduction, which would allow the relevant law to be deployed effectively even outside the realm of custody disputes.
The recent forced marriage decision in Northern Ireland raises some interesting, and perhaps interminable, problems for cross-border levels of compliance with children’s rights and child protection instruments. As outlined previously by Mairead, the Northern Ireland courts granted an order to under the Forced Marriage (Civil Protection) Act 2007 which prevented two girls, aged 12 and 14, from travelling to Pakistan where they were to be married. Ireland has no similar means of protecting children from forced marriage.
*Spoiler Alert: This post contains some spoilers to the South Park episodes “200” and “201”. In Ireland and the United Kingdom South Park airs on Comedy Central. Comedy Central has not aired the episode “201” in Ireland or the United Kingdom. The episode “201” has been uploaded (illegally) onto a variety of sites.
HRiI has discussed extensively the issue of criminal blasphemy in Ireland, over the last few months, see, here, here, here, here, here and here. Contributors to these posts noted Ireland’s hypocrisy on the issue, and the threats which this legislation posed to freedom of expression. The popular Comedy Central show South Park celebrated its 200th episode recently. In typical South Park fashion it dealt with a number of pressing (and not so pressing) issues. A central focus of both the 200th and 201st episodes (as it was in the episodes Cartoon Wars: Part I and Cartoon Wars: Part II) revolved around the religious prophet Muhammad and the controversy regarding depicting him in human form. A number of groups who did not want to be ridiculed (celebrities and persons with red hair), sought Muhammad’s ‘goo’ which they believed would make them impervious from public ridicule or criticism. In the South Park Universe, Muhammad is part of the Super Best Friends, a group of religious figures (plus one) who help those in need. The group consists of Jesus Christ, Buddha, Muhammad, Krishna, Joseph Smith, Lao Tzu, Moses and a character called Sea Man. The Super Best Friends were introduced to the South Park Universe in 2001, and as the picture to the side shows, there was no controversy for depicting an image of Muhammad (to the right of Jesus). However, with the publication of the Danish Cartoons and the resulting violence (see here, here, here, and to view the controversial cartoons see here), Comedy Central refused to air the image of Muhammad. It had initially been thought that the 200th episode depicted Muhammad dressed up in an oversize bear outfit, harking park to the Sudanese controversy. However, in the 201st episode it was revealed that Muhammad was not in the bear costume. For the whole of the 201st episode, images of Muhammad were censored and Muhammad’s name was bleeped from the dialogue. In addition, large portions of the show were bleeped when a number of the characters tried to suggest what could be learned from the problems the characters faced in the episode. The creators of South Park, Trey Parker and Matt Stone, had their addresses published on extremist website forums and suggested they would face a similar fate to Theo van Gogh (see here, here, here, here and here).
Is such gratuitous mocking of religion permitted under human rights law? Do human rights protections extend to those who wish not to have deeply held beliefs ridiculed in a crass (or any other) manner? Read more…
Friday 14 May 2010
Brookfield Health Sciences Complex, U.C.C., Room G10, 10.30 a.m. to 2 p.m.
Speakers at the symposium include:
- Prof. Andrew Sharpe, School of Law, Keele University
- Prof. Stephen Whittle, School of Law, Manchester Metropolitan University (pictured above)
- Ms. Eilís Barry, Barrister at Law
- Mr. Michael Farrell, Solicitor, Free Legal Advice Centres; Irish Human Rights Commission
- Ms. Tanya Ní Mhuirthile, Faculty of Law, University College Cork
Further information is available from Ms Noreen Delea, Faculty of Law, UCC, Cork Tel. (021) 490 2728. E-mail: firstname.lastname@example.org
For full details and a booking form for the symposium, see http://www.ucc.ie/en/ccjhr/fullstory,97981,en.html
This symposium forms part of an IRCHSS-funded project, Gender, Religious Diversity and Multiculturalism (PI: Dr. Siobhán Mullally, Law, UCC).
Delegate Fee: €20.00 CPD Points: 3 hours
I was asked yesterday to give a sense of the extent to which situations like that of G and D – the Northern Irish case of two young girls who were at risk of being forced by their parents into marriage in Pakistan which we wrote about here– are of relevance in the Republic.
I am not aware of any ‘G and D’ type cases which have come before our courts. As yet, forced marriage does not seem to be seen as a mainstream ‘family law’ or ‘women’s law’ issue in the way that it is in the UK and Northern Ireland. In 2007, the Minister for Health and Children stated in the Dail that she was satisfied ‘that all reasonable measures are in place to prevent forced marriages and to provide a remedy where full, free and informed consent is absent’. She referred to the law of nullity which allows a marriage to be set aside where it was contracted in the face of fear, duress, intimidation or undue influence. She noted that the criminal law provided several bases upon which violence used in the context of forcing another into marriage can be prosecuted. Read more…
CBM Ireland is currently recruiting an Advocacy Coordinator to assist their CEO in the ongoing work and promoting the rights of persons with disabilities in Irish Overseas development and humanitarian action. The closing date is April 28, 2010.
The main duties include:
- Development of an Advocacy strategy
- Awareness raising and communications
- Networking and representation of CBM
Professional and Personal profile:
- Relevant academic background (social studies, public affairs, legal studies, public health, disability studies)
- Professional experience in the field of disability; either domestic disability issues or disability and international development.
- Professional experience in the field of advocacy policy and/or public campaigning
For more information on this opportunity and on how to apply see here.
Today, Senator Ivana Bacik of Labour (pictured left) will be introducing a Bill to prohibit Female Genital Mutilation in the Seanad during the Labour Party’s private members’ time. The Bill and its Explanatory Memorandum are available here. The Minister for Health and Children has welcomed the Bill, indicating that it will be read a second time in a year or so. Labour’s press release notes that FGM Bills were introduced by Labour TDs Liz McManus (see Bill here) and Jan O’Sullivan (see Bill here) in the Dail in 2009 and 2001. Senator Bacik has said:
We urgently need a law specifically criminalising this barbaric practice which has destroyed the lives of so many girls and women world-wide. I welcome the Minister’s commitment to address this issue, but there has already been a great deal of work done on developing a legal framework, and delaying the introduction of this legislation by another year is unacceptable.
Senator Bacik’s Bill would:
- Introduce an offence of performing female genital mutilation on a woman or girl (note the gender-specific nature of the offence), the penalty for which shall be a fine or a term of imprisonment up to 14 years or both.
- Have extra-territorial effect so that an Irish citizen or resident who performs FGM outside of Ireland still falls within the terms of the Act.
- Rule out any defence of parental consent in the case of a minor.
- Allow a medical defence where the procedure was performed by a registered medical practitioner who ‘honestly believed, on reasonable grounds, that the operation was necessary to safeguard the life or health of the woman or girl concerned or to correct a genital abnormality or malformation’.
The Bill appears, to some extent, to take its cue from the UK Female Genital Mutilation Act 2003. In that jurisdiction, the legislation has fallen at the prosecution hurdle, and thus appears to have largely symbolic and perhaps deterrant value. For open-access articles which critique the UK legislation see this study by Sadiya Mohammad on the legislation’s efficacy and this article by Moira Dustin and Anne Phillips which considers the legislation in the broader context of UK law-making in the general area of women + gender + culture.