Struell Wells: pagan past and Christian present

The complex of buildings at Struell Wells, near Downpatrick, Co. Down, is the most extensive at a holy well in Ireland. It comprises two wells, two bath-houses and the ruins of a church. Nearby is a natural rock feature known as St Patrick’s Chair. The earliest reference to the wells is likely to be in the 8th century Fíacc’s Hymn which records the site being visited by St Patrick. The earliest reference to their healing powers can be dated to the 11th/12th century and the site continued to be a focus of pilgrimage at midsummer until its suppression in the nineteenth century. The site seems to be unique in that bathing in the wells constituted an integral part of the rituals performed by pilgrims. A recent study of the holy well phenomenon in Ireland has suggested that the rituals associated with them have their origins in the Counter-Reformation (Carroll 1999). The evidence from Struell, however, strongly suggests that it was an important sacred site in pre-Christian times.

Realising political equality: the European Court of Human Rights and positive obligations in a democracy'

The European Convention on Human Rights (ECHR) speaks of the importance of an “effective political democracy��� in its Preamble, though it is only in Article 3 of Protocol 1 (P1-3) that we find a right to free elections. This paper discusses the role of “positive obligations” under P1-3. This paper outlines the positive obligations in P1-3 focusing on obligations where the state is required to do more than just change the law. This may mean providing resources or facilities, adopting regulatory frameworks or creating new institutions. The paper highlights specific positive obligations that need to be further developed in the jurisprudence of the European Court of Human Rights (ECtHR). Sometimes these can be developed by analogy with positive obligations recognised in other areas of ECtHR jurisprudence. However, beyond these cases, states should ensure that members of vulnerable and disadvantaged minorities are able to participate in the electoral process and should ensure that dominant political groups cannot abuse their political power to exclude other parties unfairly. This is necessary to realise equal political rights. The second section of this paper sketches some preliminary points about the Strasbourg institutions’ approach to P1-3. After that, the third section identifies circumstances where the ECtHR should apply a more intense scrutiny in P1-3 cases. The fourth, fifth and sixth sections look at positive obligations relating to the right to vote, the right to run for election and the regulation of political parties.