From the Right to Life to the Right to Livability: Radically Re-approaching ‘Life’ in Human Rights Politics

This article critically reflects on current mainstream debate on abortion in international human rights discourse and the conception of life underpinning it. The public health focus on access to safe abortion which has dominated this discourse can be detected as committed to a fundamentally liberal idea of bounded and individual subjecthood which mirrors the commitments of the liberal right to life more generally. However, feminist challenges to this frame seeking to advance wider access to reproductive freedoms appear equally underpinned by a liberal conception of life. It is asserted that feminists may offer a more radical challenge to the current impasse in international debate on abortion by engaging with the concept of livability which foregrounds life as an interdependent and conditioned process. The trope of the ‘right to livability’ developed in this article presents a means to reposition the relation between rights and life and facilitate such radical engagement which better attends to the socio-political conditions shaping our interdependent living and being.

The Right to Participation of Minorities and Irish Travellers

The idea of participation is becoming increasingly important in international human rights law and recent political and constitutional theory. There is an emerging international law right of minorities to participate in public life. There are many problems though with putting this right into practice. It is not enough to offer formal opportunities for representation or even to facilitate more participatory processes. This article explores how participation is more easily proclaimed than practised by examining the position of one ethnic minority, Travellers, in a liberal democracy, Ireland. While there are many formal opportunities for participation, these do not necessarily result in effective participation on a basis of equality, and may still result in decisions which fail to consider the Traveller culture and identity. Travellers still suffer from an imbalance of power in these arrangements. There are hopeful avenues to pursue in improving participation, the role of civil society and the use of a dialogue between non-governmental organisations and international organisations to put pressure on a national government, including special representation to offset the disadvantages of traditional representative democracy and emphasising the role of special parliamentary bodies; and the need to address the politics of recognition so as to strengthen the hand of disadvantaged groups such as Travellers.

Children's Views on Children's Right to Work:Reflections from Belfast

The purpose of this article is to examine children’s attitudes regarding the right to work. The article is based on comments made by 245 15-year-old children on child employment and is supported by focus group interviews with 56 boys and 38 girls and tape-recorded interviews with 15 working pupils. One of most dominant themes to emerge from the data is children’s perception that they have a right to work. The article examines the legislation regarding child employment in Northern Ireland and the role of the state in determining the legislation. The author suggests that within this legislation, children are seen as vulnerable and in need of protection. Traditionally the protection of children in the workforce has been achieved by limiting the hours they can work and the occupations they can enter. Yet when children’s own views are taken into account, they move beyond the limits of protecting them through exclusion to suggesting frameworks whereby their protection may be achieved by empowering them within the labour market.

Changes in the attitudes of GPs to health screening of patients with learning disabilities

GP's appear reluctant to undertake health screening for people with learning disabilities. This article describes a specialist health screening service delivered mainly by community learning disability nurses to nearly 600 children and adults. Prior to the service being established, 141 GPs within a defined area were surveyed and 51% responded. Although a majority thought the service would be helpful, three-quarters felt it was better provided within the context of specialist services. After screening, 54% of the sample (318 persons) were referred to their GP for further assessment and treatment, nearly all for physoical health needs. A second study investigated the attitudes of 91 GPs who had patients refrrered. Those (45) who reported dealing with a referral were more favourably disposed to undertaking health screening within their practice, whereas those (23) who had been uninvolved continued to opt for specialist provision. Options for encouraging more GPs' to offer preventive health care to theisclient group are discussed, including medical training, extra consulting time and linking community learning disbaility nurses with GP practices.

Cinderella comes to the Ball: Article 14 and the right to non-discrimination in the ECHR

Article 14 ECHR has often been derided as a Cinderella provision, but during the last few years, this has started to change. This article examines how Article 14 has developed, and may live up to its potential as a powerful non-discrimination principle. The case law developments in relation to the “ambit” requirement in Article 14, the development of indirect discrimination case law, and the approval of positive action, all point to a more substantive conception of equality, which offers protection to disadvantaged and vulnerable groups.

On How to Build a Positive Understanding of the Child’s Right to Freedom of Expression

This article looks at the child’s right to freedom of expression under UN treaties. It defines the legal basis, the scope and the extent of the child’s right and it compares it with the adult’s right to freedom of expression. It argues that freedom of expression has both a developmental and an autonomy aspect, and that Article 12 UNCRC does a better job at encapsulating the child’s right than Article 13. It concludes that the child’s right is very much based on the positive obligations of the state, to the difference of traditional international law on freedom of expression.