The right to humanitarian assistance in natural and human-made disasters: progress and challenges for an emerging international legal framework

Natural and human-made disasters cause on average 120,000 deaths and over US$140 billion in damage to property and infrastructure every year, with national, regional and international actors consistently responding to the humanitarian imperative to alleviate suffering wherever it may be found. Despite various attempts to codify international disaster laws since the 1920s, a right to humanitarian assistance remains contested, reflecting concerns regarding the relative importance of state sovereignty vis-à-vis individual rights under international law. However, the evolving acquis humanitaire of binding and non-binding normative standards for responses to humanitarian crises highlights the increasing focus on rights and responsibilities applicable in disasters; although the International Law Commission has also noted the difficulty of identifying lex lata and lex ferenda regarding the protection of persons in the event of disasters due to the “amorphous state of the law relating to international disaster response.” Therefore, using the conceptual framework of transnational legal process, this thesis analyses the evolving normative frameworks and standards for rights-holders and duty-bearers in disasters. Determining the process whereby rights are created and evolve, and their potential internalisation into domestic law and policy, provides a powerful analytical framework for examining the progress and challenges of developing accountable responses to major disasters.

The contribution of Victor Hugo to the liberation, emancipation, and changing perceptions of women in 19th century French society

The over-riding perceptions of Victor Hugo’s attitudes towards women are intensely coloured by his deep-seated Romanticism and his well-testified, stifling and over-bearing treatment of women in his personal life. As such, Hugo’s contribution to the feminist struggle of his time has been woefully overlooked in the larger scheme of his social and political activism. Through a close examination of his largely unstudied public discourse on women’s rights, this thesis situates Hugo’s feminist views firmly in the context of Enlightenment feminism and 19th century feminism, while also drawing heavily on the illuminating principles of Enlightenment feminism. In particular, this thesis examines Hugo’s support for several of the most determining issues of 19th century French feminism, including women’s right to education, equal citizenship, universal suffrage rights, and the issue of regulated prostitution. Further, by examining the way in which Hugo’s views on women’s maternal role extended far beyond the limited vision of domesticity bolstered by the ideology of ‘republican motherhood’, this thesis engages in a re-appraisal of Hugo’s literary representation of maternity which identifies the maternal as a universal quality of devotion and self-sacrifice to which all humankind must aspire for the creation of a just, egalitarian, and democratic society. Though at times inevitably constrained by his Romanticism, this thesis demonstrates the extent to which Hugo’s feminism is grounded in his wider vision of social emancipation and is underpinned by a profound empathy, compassion, and moral conscience – qualities which are just as fundamental today, as they were for Hugo when participating in the fitful, though decisive, feminist struggle in 19th century France.

Transhuman education: Sloterdijk's reading of Heidegger's Letter on Humanism

Peter Sloterdijk presented a reading of Heidegger's Letter on Humanism at a conference held at Elmau in 1999. Reinterpreting the meaning of humanism in the light of Heidegger's Letter, Sloterdijk focused his presentation on the need to redefine education as a form of genetic ‘taming’ and proposed what seemed to be support for positive eugenics. Although Sloterdijk claimed that he only wanted to open a debate on the issue, he could not have been surprised at the level of opposition this suggestion aroused. In the weeks following, he blamed Habermas for raising this opposition and for refusing to engage with him openly. Although Luis Arenas has chronicled the aftermath of Sloterdijk's paper, it may be of interest to educators to examine how Heidegger's text is presented. What is this new humanism? If Heidegger's new humanism was based on a mystical attitude towards Being, so Sloterdijk's new humanism was to be based on the materialist principles of a biotechnological age. Unlike Heidegger who rejected technology as yet one further example of the forgetfulness of Being, Sloterdijk seems to embrace technology and the enhancement of the human body and mind as the next great step forward in educational theory. Could he possibly be right? Is education in these times a partner or an opponent of the technological enhancement of the human being? This article tries to identify Sloterdijk's disagreements with Heidegger on the question of the human.

The evolution of the medical professions in eighteenth-century Ireland: An institutional perspective

Ireland, in the eighteenth century, followed the classic tripartite division of regular medical practitioners into physicians, surgeons and apothecaries. At the beginning of the century surgeons and apothecaries were regarded as mere tradesmen, but by the end of the century both were regarded as professionals and had the right to regulate their respective professions. Practitioners in different regions of Europe developed in a different manner, and eighteenth-century practitioners in Ireland developed independently from their English counterparts. In common with Britain and Europe in the eighteenth century, the total number of practitioners increased in Ireland, and by the end of the century, apothecaries were the largest group in Dublin, closely followed by the surgeons. Surgeons and apothecaries at the start of the eighteenth century belonged to the same guild. However in mid-century, St Luke's guild of apothecaries was established and this provided the apothecaries with a new identity that allowed them to pursue auto regulation, rather than hitherto, when they had been regulated by the physicians. This was vital to the apothecaries as they were in direct commercial competition with both the physicians and the surgeons and faced increasing pressure from both druggists and the disparate group of practitioners known as the irregulars. The 1765 County Infirmaries Act established a hospital in virtually every county in Ireland, and cast the surgeon as the primary medical officer in the countrywide network of hospitals. This legislation, which was unique in Europe, had the unintended consequence of elevating the status of the surgeons, as prior to this physicians were always in the ascendancy in the voluntary hospitals in Ireland and Britain, in contrast to France. The status of the surgeons was further enhanced by the establishment of the College of Surgeons in Ireland in 1784, which provided them with a new corporate identity, the authority to regulate the profession countrywide, and, also, the ability to educate surgeons in Ireland. The establishment of the College of Surgeons placed further pressure on the apothecaries to demonstrate that they also had a recognisable identity, and the authority to regulate their own profession. This was achieved with the 1791 Apothecaries Act which established the Apothecaries Hall and give the apothecaries the right to regulate themselves. This innovative legislation deemed the apothecaries a profession, and was enacted twenty-four years prior to similar legislation in Britain. Commercial pressure from druggists and, probably, irregulars expedited the requirement of the apothecaries to establish a new corporate identity, in order to distance themselves from these groups. The changing status of both apothecaries and surgeons had little effect on the physicians as a group, and, despite being the beneficiaries of a generous bequest from Sir Patrick Dun in 1711 to provide medical chairs in Dublin, the physicians displayed an inertia during the eighteenth century that was not in keeping with the developments that occurred in the contemporary Dublin medical world. The fact that it took ninety-five years, and that five acts of parliament, two House of Commons enquiries and a House of Lords enquiry were required to ensure that Dun's wishes were brought to fruition demonstrates that the physicians did not develop at the same pace as the other medical groups in the city. Had Dun’s bequest been implemented as he desired, Dublin, with a number of voluntary hospitals, would have been well placed to provide comprehensive tuition for medical students in the eighteenth century. It was not until the nineteenth century that the city, and the populace, benefited from this legacy. This thesis will trace these developments in the context of changes that occurred in contemporary medical education and diagnosis in Ireland, Britain and France. It will demonstrate that Irish practitioners developed independently, influenced mainly by local issues, but also by those who had travelled abroad and returned to Ireland with new concepts and ideas, ensuring that Irish medical practitioners had the institutional structure that could encompass the diagnostic and regulatory changes that would become accepted in the nineteenth century.

A study of the extent to which Irish law, policy and practice allow for Ireland's application of the United Nations Convention on the Rights of the Child, 1989 to pre-natal children

The central research question of this thesis asks the extent to which Irish law, policy and practice allow for the application of the United Nations Convention on the Rights of the Child (CRC) to pre-natal children. First, it is demonstrated that pre-natal children can fall within the definition of ‘child’ under the Convention and so the possibility of applying the Convention to children before birth is opened. Many State Parties to the CRC have interpreted it as applicable to pre-natal children, while others have expressed that it only applies from birth. Ireland has not clarified whether or not it interprets it as being applicable from conception, birth, or some other point. The remainder of the thesis examines the extent to which Ireland interprets the CRC as applicable to the pre-natal child. First, the question of whether Ireland affords to the pre-natal child the right to life under Article 6(1) of the Convention is analysed. Given the importance of the indivisibility of rights under the Convention, the extent to which Ireland applies other CRC rights to pre-natal children is examined. The rights analysed are the right to protection from harm, the right to the provision of health care and the procedural right to representation. It is concluded that Ireland’s laws, policies and practices require urgent clarification on the issue of the extent to which rights such as protection, health care and representation apply to children before birth. In general, there are mixed and ad hoc approaches to these issues in Ireland and there exists a great deal of confusion amongst those working on the frontline with such children, such as health care professionals and social workers. The thesis calls for significant reform in this area in terms of law and policy, which will inform practice.

Citizenship education in Irish secondary schools: the influence of curriculum content, school culture and stakeholder perspectives

This research interrogates the status of citizenship education in Irish secondary schools. The following questions are examined: How does school culture impact on citizenship education? What value is accorded to the subjects, Civic, Social and Political Education (CSPE) and Social, Personal and Health Education (SPHE)? To what extent are the subjects of both the cognitive and non-cognitive curricula affirmed? The importance of these factors in supporting the social, ethical, personal, political and emotional development of students is explored. The concept of citizenship is dynamic and constantly evolving in response to societal change. Society is increasingly concerned with issues such as: globalisation; cosmopolitanism; the threat of global risk; environment sustainability; socio-economic inequality; and recognition/misrecognition of new identities and group rights. The pedagogical philosophy of Paulo Freire which seeks to educate for the conscientisation and humanisation of the student is central to this research. Using a mixed methods approach, data on the insights of students, parents, teachers and school Principals was collected. In relation to Irish secondary school education, the study reached three main conclusions. (1) The educational stakeholders rate the subjects of the non-cognitive curriculum poorly. (2) The subjects Civic, Social and Political education (CSPE), and Social, Personal and Health Education (SPHE) command a low status in the secondary school setting. (3) The day-to-day school climate is influenced by an educational philosophy that is instrumentalist in character. Elements of school culture such as: the ethic of care; the informal curriculum; education for life after school; and affirmation of teachers, are not sufficiently prioritised in supporting education for citizenship. The research concludes that the approach to education for citizenship needs to be more robust within the overall curriculum, and culture and ethos of the Irish education system.

Preserving patent policy space and securing access to medicines in developing countries: the role of states and pharmaceutical corporations

This thesis examines the tension between patent rights and the right to health and it recognizes patent rights on pharmaceutical products as one of the factors responsible for the problem of lack of access to affordable medicines in developing countries. The thesis contends that, in order to preserve their patent policy space and secure access to affordable medicines for their citizens, developing countries should incorporate a model of human rights into the design, implementation, interpretation, and enforcement of their national patent laws. The thesis provides a systematic analysis of court decisions from four key developing countries (Brazil, India, Kenya, and South Africa) and it assesses how the national courts in these countries resolve the tension between patent rights and the right to health. Essentially, this thesis demonstrates how a model of human rights can be incorporated into the adjudication of disputes involving patent rights in national courts. Focusing specifically on Brazil, the thesis equally demonstrates how policy makers and law makers at the national level can incorporate a model of human rights into the design or amendment of their national patent law. This thesis also contributes to the ongoing debate in the field of business and human rights with regard to the mechanisms that can be used to hold corporate actors accountable for their human rights responsibilities. This thesis recognizes that, while states bear the primary responsibility to respect, protect, and fulfil the right to health, corporate actors such as pharmaceutical companies also have a baseline responsibility to respect the right to health. This thesis therefore contends that pharmaceutical companies that own patent rights on pharmaceutical products can be held accountable for their right to health responsibilities at the national level through the incorporation of a model of civic participation into a country’s patent law system.

A critical search for the ‘self’ in adult education: Bourdieuian insights into transformative possibilities

This study investigates the ‘self’ of six Irish working-class women, all parenting alone and all returned to the field of adult education. Bourdieu’s concepts of habitus, field and capital are the backdrop for the study of the ‘self’, which is viewed through his lens. This study commenced in September 2012 and concluded in August 2014, in a small urban educational setting in an Irish city. All of the women in the study are single parents, most of them did not complete second level education, and none of them had experienced adult or third level education. Their ages vary from 30 to 55 years. The study pursues the women’s motivations for returning to education, the challenges they faced throughout the journey, and their experiences, views and perspectives of Adult Education. The methodology chosen for this research is critical eethnography, and as an emerging ethnographer, I was able to view the phenomena from both an emic (inside) and an etic (outside) perspective. The critically oriented approach is a branch of qualitative research. It is a holistic and humanistic approach that is cyclical and reflective. The critical ethnographic case studies that developed are theoretically framed in critical theory and critical pedagogy. The data is collected from classroom observations (recorded in a journal) and interviews (both individual and group). The women's life experiences inform their sense of self and their capital reserves derive from their experience of habitus. It also attempts to understand the delivery of the programmes and how it can impact the journey of the adult learners. The analysis of the interviews, observations, field notes and reflective journals demonstrate what the women have to say about their new journey in adult education. This crucial information informs best practice for adult education programmes. This study also considers the complexity of habitus and the many forms of capital. The theme of adults returning to education and their disposition to this is one of the major themes of this study. Findings reflect this uncertainty but also underline how the women unshackled themselves of some of the constraints of a restricted view of self. Witnessing this new habitus forming was the core of their transformational possibility becoming real. The study provides a unique contribution to knowledge as it utilises Bourdieuian concepts and theories, not only as theoretical tools but as conceptual tools for analysis. The study examined transformative pedagogy in the field of adult education and it offers important recommendations for future policy and practice.

Defending the 'public interest': an assessment of competing actor representations of 'solutions' to growing natural resource deficiencies.

This paper applies a SRT framework to the study of two case studies, namely the recent campaign of opposition to the legalization of hydraulic fracking in the State of New York and the more ongoing debate on land leasing in Africa. In relation to both campaigns, the analysis accounts for the arguments of a major financial institution and industry representatives who stress the safe and value-adding dimensions of these practices, as well as the views of opponents who refute the validity of industry's position and point to the unacceptable risks posed to the community, health and the environment. In spite of a number of obvious differences between these two case studies, not least differences arising from contrasting socio-economic and geo-political settings, there were also some notable similarities. First, was a tendency amongst protesters in both cases to formulate their role as contemporaries in a historically extended struggle for democratic justice. All perceived of themselves as guardians of their community's right to resist a corporate 'invasion' of their territories, like their forefathers and mothers before them. A theme of colonialism was explored in both settings through various identity and thematic anchoring devices that deliberately evoked shared understandings and historical memories of exploitation and human suffering. The evocation of powerful symbols of identity through visual narratives of protest further reinforced the cultural comprehensibility of opponents' message of protest in both contexts.