The European Convention on Human Rights and the Conflict in Northern Ireland

Dickson, Brice

doi:10.1093/acprof:oso/9780199571383.001.0001

Cited by 80 publications

(20 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…In Northern Ireland, human rights as a concept are far from politically neutral, and have not been fully embraced by formal politics and political structures in the province. The European Convention on Human Rights had minimal impact during the years of the Troubles (Dickson, 2010). One of the key human rights mechanisms envisioned in the GFA, the Bill of Rights, has been all but forgotten.…”

Section: Discussionmentioning

confidence: 99%

Thinking globally, acting locally? The women’s sector, international human rights mechanisms and politics in Northern Ireland

Thomson

2016

Politics

View full text Add to dashboard Cite

Literature considering international human rights mechanisms stresses that they have the best chance of success when they are closest to ideas which already exist within national contexts. Research which addresses women's human rights bodies, such as the Convention Against All Forms of Discrimination Against Women (CEDAW) and United Nations Security Council Resolution 1325 (UNSCR 1325), argues that they function best when reinterpreted to fit the local context. Yet, situations where this domestic norm translation is occurring, but policy change is not achieved, have received little consideration. Why do some contexts, even where norm translation occurs, resist policy change? This article examines Northern Ireland, where these women's rights bodies are used extensively in the women's sector, but where change has not occurred. It argues that norm translation is not the only important factor, and that a greater consideration of local political structures is needed in order to more fully explain policy resistance.

show abstract

Section: Discussionmentioning

confidence: 99%

Thinking globally, acting locally? The women’s sector, international human rights mechanisms and politics in Northern Ireland

Thomson

2016

Politics

View full text Add to dashboard Cite

show abstract

“…Lack of legal knowledge and diligence in submitting claims also kept various controversial practices away from the Court. Cases alleging discrimination in education, employment and housing, for instance, failed at an early stage due to poor legal representation (Dickson, : 46‐47). When well‐presented claims were submitted, the ECHR system proved largely ineffective as a tool to challenge security policies.…”

Section: Conflict‐lawyering and The Echr In Turkeymentioning

confidence: 99%

“…When well‐presented claims were submitted, the ECHR system proved largely ineffective as a tool to challenge security policies. The Court's approach to internment, for example, has been criticized for causing “[i]nestimable damage…to the credibility of the Convention” (Dickson, : 363).…”

Section: Conflict‐lawyering and The Echr In Turkeymentioning

confidence: 99%

Forced Displacement in Turkey: Pushing the Limits of theECHRSystem

Dinsmore

2017

International Migration

View full text Add to dashboard Cite

This article presents research findings on regional human rights tribunals and forced displacement. It assesses the response of the European Convention on Human Rights (ECHR) system to "village destructions" and "village returns" complaints lodged against Turkey and originating from the conflict between State security forces and the PKK (Partiya Karkarȇn Kurdistan). Within academic literature the role of the ECHR in Turkey tends to be reduced to discussion of a handful of substantive decisions. This article argues that there is much to be gained from closer examination of the (changing) dynamics of the ECHR in Turkey and the regulation of displacement. Two innovations can be observed from this case-study: a special level of 'protective' access and a proactive approach to fact-finding. The Turkish cases indicate a need for further investigation of the role of fact-finding in cases of displacement and the development of context-specific rules on sustainable returns processes.

show abstract

“…the court's decision, alas, is the epitome of how deferential, even as recently as the mid-1990s, courts could be to police and government anti-terrorist policies.' 49 In a similar vein, John Jackson has characterized the judiciary as having a`rather compliant' attitude towards emergency law, displaying little willingness to criticize or curtail the emergency powers, consistently denying themselves the space to use their undoubted discretion [for instance, to exclude confessional evidence, to reinvigorate the judges' rules which had`lain dormant' or to assert the rights of solicitors vis-a Á-vis their clients]`in view of the need to adhere to the will of parliament.' 50 In seeking to better understand this compliant or deferential attitude amongst the judiciary towards the will of Parliament, reflected both in our own interviews and their written judgments, we have examined some of the comparative literature on courts and judicial behaviour.…”

Section: Performing For Parliamentmentioning

confidence: 99%

Judges, Conflict, and the Past

McEvoy¹,

Schwartz²

2015

Journal of Law and Society

View full text Add to dashboard Cite

Drawing upon interviews with senior judicial figures in Northern Ireland, South Africa and elsewhere, this article considers the role of the judiciary in a political conflict. Using the socio‐legal literature on judicial performance and audience as well as transitional justice scholarship, the article argues that judges in Northern Ireland ‘performed’ to a number of ‘imagined’ audiences including Parliament, ‘the public', and their judicial peers – all of which shaped their view of the judicial role. In light of ongoing efforts to deal with the past in the jurisdiction, and the experiences of other transitional societies, the article argues that the judiciary can and should engage in a mature, reflexive and, where appropriate, self‐critical examination of the good and bad of their own institutional history during the conflict. It also argues that such a review of judicial performance requires an external audience in order to encourage the judiciary to see truth beyond the limits of legalism.

show abstract

The European Convention on Human Rights and the Conflict in Northern Ireland

Cited by 80 publications

References 0 publications

Thinking globally, acting locally? The women’s sector, international human rights mechanisms and politics in Northern Ireland

Thinking globally, acting locally? The women’s sector, international human rights mechanisms and politics in Northern Ireland

Forced Displacement in Turkey: Pushing the Limits of theECHRSystem

Judges, Conflict, and the Past

Contact Info

Product

Resources

About