Reforming the legal framework for clinical trials with neonates in Ireland: a children’s rights approach

This thesis assesses the current regulatory framework regarding clinical trials with neonates in Ireland from a children’s rights perspective, as derived from the UN Convention on the Rights of the Child 1989 (UN CRC) and its supporting instruments. The focus on neonates in the thesis is due to the particular need for clinical research with this group of children, their dependency on others for their protection and the lack of attention which has been given to them in the regulatory framework. The importance of children’s rights in this area is linked to the role of human rights in the regulation of clinical research in general. A rights-based approach is of great practical relevance in reforming law, policy and practice. For example, the CRC contains a set of commonly agreed legal benchmarks which can be used to assess the current framework and shape recommendations for reform. In this way, it provides a set of binding norms under international law, which must be complied with by states and state actors in all law, policy and practice affecting children. However, the contribution which a children’s rights approach could make to the regulation of research with children has not, to date, been explored in detail. This thesis aims to address this gap by developing a set of children’s rights-based benchmarks, which are used to assess the Irish regulatory framework for clinical trials with neonates and to develop recommendations for reform. The purpose of the analysis and recommendations is to assess Ireland’s compliance with international children’s rights law in the area and to analyse the potential of children’s rights to effectively address inadequacies in the Irish framework. The recommendations ultimately aim to develop a framework which will enhance the protection of neonates’ rights in this important area of children’s lives.

A Politics of the Unspeakable: The Differend of Israel

Israel's establishment in 1948 in former British-Mandate Palestine as a Jewish country and as a liberal democracy is commonly understood as a form of response to the Holocaust of WWII. Zionist narratives frame Israel's establishment not only as a response to the Holocaust, but also as a return to the Jewish people's original homeland after centuries of wandering in exile. Debates over Israel's policies, particularly with regard to Palestinians and to the country's non-Jewish population, often center on whether Israel's claims to Jewish singularity are at the expense of principles of liberal democracy, international law and universal human rights. In this dissertation, I argue that Israel's emphasis on Jewish singularity can be understood not as a violation of humanism's universalist frameworks, but as a symptom of the violence inherent to these frameworks and to the modern liberal rights-bearing subject on which they are based. Through an analysis of my fieldwork in Israel (2005-2008), I trace the relation between the figures of "Jew" and "Israeli" in terms of their historical genealogies and in contemporary Israeli contexts. Doing so makes legible how European modernity and its concepts of sovereignty, liberalism, the human, and subjectivity are based on a metaphysics of presence that defines the human through a displacement of difference. This displaced difference is manifest in affective expression. This dissertation shows how the figure of the Jew in relation to Israel reveals sexual difference as under erasure by the suppression of alterity in humanism's configuration of man, woman, and animal, and suggests a political subject unable to be sovereign or fully represented in language.

Matching case history patterns in case-based reasoning

This paper introduces a mechanism for representing and recognizing case history patterns with rich internal temporal aspects. A case history is characterized as a collection of elemental cases as in conventional case-based reasoning systems, together with the corresponding temporal constraints that can be relative and/or with absolute values. A graphical representation for case histories is proposed as a directed, partially weighted and labeled simple graph. In terms of such a graphical representation, an eigen-decomposition graph matching algorithm is proposed for recognizing case history patterns.

‘Together for Health’? How EU Governance of Health Undermines Active Biological Citizenship

This paper explores the potential for active biological citizenship in the discursive space opened by the Community law rights to receive cross-border health care services. By focusing on the European Patients’ Forum and the European Public Health Association as examples of actors facilitated by the European Union, the paper notes how this space might provide some opportunities for patients’ strategic engagement, but also how EU governance discourse is shaping and undermining the potential for activism.

Journal article: Children and Religion under Article 14 UNCRC: A Critical Analysis

This article examines the text of Article 14 of the UN Convention on the Rights of the Child 1989 and the work of the UN Committee on the Rights of the Child. It considers the text of the article and its travaux préparatoires; it then provides an analysis of the issues considered by the Committee: the concept of the evolving capacities of the child, freedom of religious choice, freedom of manifestation, and education. It also highlights the problems that have emerged in the Committee’s work, in the light of a theoretical framework of the right of the child to religious freedom in international law. It concludes that the Committee fails children in relation to their religion and suggests some positive steps to be taken by the Committee.

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.