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Elaine Dewhurst
Dr. Elaine Dewhurst is a First Class Honours BCL graduate from University College Cork (2004) who successfully defended her PhD thesis in March 2009 on "The Obstacles Faced by Migrant Workers to Achieving Equality with Irish Nationals in Employment in Ireland". Elaine is currently a Senior Lecturer In Employment Law at the University of Manchester. She completed a research fellowship at the MaxNetAging Research School at the Max Planck Institute for Demographic Research, Rostock, Germany from Jan - June 2012 and at the Max Planck Institute for Social Law and Policy, Munich, Germany from June 2012 - Jan 2013. She was be a Scholar in Residence at the University of Coimbra, Portugal in August 2013, visited the University of Colombo, Sri Lanka in June 2014 and CEU Cardenal Herrera University, Spain in November 2014. She undertook a research visit to the Court of Justice of the European Union, Luxembourg in February 2015.
Previous Employment:
- Lecturer in Law, Dublin City University (2009-2013)
- Parliamentary and Law Reform Executive, Law Society of Ireland (2007-2009)
- Course Executive, Law Society of Ireland (2006-2007)
- Part-time Lecturer in Law and Tutor in Law, University College Cork (2004-2006)
- Legal Research Assistant, University College Cork (2004)
Appointments:
- Ground Expert for Age, European Equality Law Network
- Steering Committee Member, Manchester Interdisciplinary Collaboration on Research on Aging
- Member, Fairness at Work Research Group, University of Manchester
- Member, Advisory Committee, Labour Law Research Network
- Honorary legal adviser to the Mexican Embassy, Dublin
- Member of the Editorial Board of the Marmara Journal of European Studies
- Member of the Editorial Board of the Irish Review of Community Economic Development Law and Policy
- Telders International Moot Court Competition, National Board of Review (2013,2014)
- President of the Telders International Law Moot Court Competition National Review Board (2010/2011)
- National Administrator of the Jessup International Law Moot Court Competition (2008-2010)
- Coach Irish National Team Jessup International Law Moot Court Competition (2007)
- Memorial Judge for International Rounds of the Jessup International Law Moot Court Competition (2009-date)
Memberships:
- Society of Legal Scholars
- Human Rights Education Association
- Global Alliance of Justice Through Education
- Irish Rule of Law Project
Awards:
- MaxNetAging Research Fellowship (2012)
- E.J. Phelan Fellowship in International Law (2004)
- Gerard O’ Keefe Prize (Tort Law) (2003)
- Butterworths Law Prize (2002)
- National University of Ireland, Title of College Scholar (2002, 2003 and 2004)
- University College Cork, Ireland Entrance Scholarship (2001)
- An Post Educational Award- Highly Commended (2000)
- Gold Medal, Victoria College of Music London, (2000)
- Gaisce Award (Bronze), (1999)
- Irish Permanent Bank Manager Award, (1999)
- Institute of Engineers, Food Engineering Award (1999)
- Food Safety Authority of Ireland Award (1999)
- Esat Telecom Young Scientist - Social and Behavioural Sciences Senior Category Award (1999)
- European Young Consumer Award (second in Europe) (1997)
- Cork University Women Graduates' Association Public Speaking Award (1997)
Phone: 0044 161 2755785
Address: School of Law
University of Manchester
Oxford Road
Manchester
M13 9PL
United Kingdom
Previous Employment:
- Lecturer in Law, Dublin City University (2009-2013)
- Parliamentary and Law Reform Executive, Law Society of Ireland (2007-2009)
- Course Executive, Law Society of Ireland (2006-2007)
- Part-time Lecturer in Law and Tutor in Law, University College Cork (2004-2006)
- Legal Research Assistant, University College Cork (2004)
Appointments:
- Ground Expert for Age, European Equality Law Network
- Steering Committee Member, Manchester Interdisciplinary Collaboration on Research on Aging
- Member, Fairness at Work Research Group, University of Manchester
- Member, Advisory Committee, Labour Law Research Network
- Honorary legal adviser to the Mexican Embassy, Dublin
- Member of the Editorial Board of the Marmara Journal of European Studies
- Member of the Editorial Board of the Irish Review of Community Economic Development Law and Policy
- Telders International Moot Court Competition, National Board of Review (2013,2014)
- President of the Telders International Law Moot Court Competition National Review Board (2010/2011)
- National Administrator of the Jessup International Law Moot Court Competition (2008-2010)
- Coach Irish National Team Jessup International Law Moot Court Competition (2007)
- Memorial Judge for International Rounds of the Jessup International Law Moot Court Competition (2009-date)
Memberships:
- Society of Legal Scholars
- Human Rights Education Association
- Global Alliance of Justice Through Education
- Irish Rule of Law Project
Awards:
- MaxNetAging Research Fellowship (2012)
- E.J. Phelan Fellowship in International Law (2004)
- Gerard O’ Keefe Prize (Tort Law) (2003)
- Butterworths Law Prize (2002)
- National University of Ireland, Title of College Scholar (2002, 2003 and 2004)
- University College Cork, Ireland Entrance Scholarship (2001)
- An Post Educational Award- Highly Commended (2000)
- Gold Medal, Victoria College of Music London, (2000)
- Gaisce Award (Bronze), (1999)
- Irish Permanent Bank Manager Award, (1999)
- Institute of Engineers, Food Engineering Award (1999)
- Food Safety Authority of Ireland Award (1999)
- Esat Telecom Young Scientist - Social and Behavioural Sciences Senior Category Award (1999)
- European Young Consumer Award (second in Europe) (1997)
- Cork University Women Graduates' Association Public Speaking Award (1997)
Phone: 0044 161 2755785
Address: School of Law
University of Manchester
Oxford Road
Manchester
M13 9PL
United Kingdom
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Designed and written specifically for students of human rights law Principles of Irish Human Rights Law discusses and analyses each key ‘human right’ in turn. Each "Right" is examined through the three primary human rights instruments: the Irish Constitution; the ECHR; and the Charter of Fundamental Rights. Each instrument is examined and explained giving an overview of the particular “right”, discussing and analyzing in which situations that the right is engaged including an examination of situations which constitute an interference with the right and what justifications may arise for such interferences.
Principles of Irish Human Rights Law examines the often-neglected area of procedural issues, including the initial application of human rights instruments in Ireland, together with their territorial and extra-territorial jurisdiction. In addition, this book looks at the effect of the Charter of Fundamental Rights together with the future of the Irish Constitution and the ECHR.
This book is a must for all students of human rights law and related subjects. It will also be an invaluable resource for all lawyers requiring a reference to human rights issues as a comprehensive yet accessible text aiding clearer understanding of the application of human rights in Ireland.
About the Authors
Dr Elaine Dewhurst is currently a MaxNetAging Research Fellow at the Max Planck Institute for Social Law and Policy, Munich. Elaine is also a lecturer in law at Dublin City University. She researches primarily in the area of equality and human rights law at a European level.
Dr Noelle Higgins is a lecturer in law and programme director in the School of Law and Government, Dublin City University where she lectures international human rights law.
Los Watkins is a Senior Lecturer at the University of Hertfordshire whose special interests are in the areas of Human Rights and Legal Education
Designed and written specifically for students of human rights law Principles of Irish Human Rights Law discusses and analyses each key ‘human right’ in turn. Each "Right" is examined through the three primary human rights instruments: the Irish Constitution; the ECHR; and the Charter of Fundamental Rights. Each instrument is examined and explained giving an overview of the particular “right”, discussing and analyzing in which situations that the right is engaged including an examination of situations which constitute an interference with the right and what justifications may arise for such interferences.
Principles of Irish Human Rights Law examines the often-neglected area of procedural issues, including the initial application of human rights instruments in Ireland, together with their territorial and extra-territorial jurisdiction. In addition, this book looks at the effect of the Charter of Fundamental Rights together with the future of the Irish Constitution and the ECHR.
This book is a must for all students of human rights law and related subjects. It will also be an invaluable resource for all lawyers requiring a reference to human rights issues as a comprehensive yet accessible text aiding clearer understanding of the application of human rights in Ireland.
About the Authors
Dr Elaine Dewhurst is currently a MaxNetAging Research Fellow at the Max Planck Institute for Social Law and Policy, Munich. Elaine is also a lecturer in law at Dublin City University. She researches primarily in the area of equality and human rights law at a European level.
Dr Noelle Higgins is a lecturer in law and programme director in the School of Law and Government, Dublin City University where she lectures international human rights law.
Los Watkins is a Senior Lecturer at the University of Hertfordshire whose special interests are in the areas of Human Rights and Legal Education
However, there are significant legal implications to the reform of social legislation which are necessitated by these unpredictable economic circumstances. This paper will examine in detail the legal repercussions of the reform of the retirement age legislation in both Greece and Ireland. The paper will being with a description of the specified reforms which have been undertaken in both Greece and Ireland in relation to the qualifying age for pension entitlements. This will then be followed by a comparative analysis and examination of the main legal issues to be considered by the legislators in implementing these reforms including the principle of legitimate expectation and the human rights implications (e.g. the right to property) as well as the importance of ensuring special transitional arrangements in cases of retrospective law-making to ensure the equal distribution of the financial burden across generations.
In conclusion, we argue that while the rise of the pension age is not per se prohibited by law, certain concessions, as outlined in our paper, have to be made to protect the rights of individuals directly affected by these laws.
This paper will focus on the legal (inadequate laws) and social (language and age) factors contributing to the level and extent of exploitation faced by migrant workers in Russia. While the current legislative system in Russia reflects a commitment to the protection of migrant workers, it has become increasingly obvious that migrant workers are being deprived of their inherent right to equality by legal and social obstacles. Through an examination of the three stages of the employment lifecycle (recruitment, terms and conditions of employment and termination), this paper will highlight the theoretical and practical legal and social obstacles to protecting migrant workers from exploitation in the Russian Federation.
However, despite its popularity at an international level, this approach to providing irregular immigrants with a right to claim for outstanding remuneration, has met with mixed reaction on a national and regional level. Three models of approach to this particular issue can be identified: the “non-protection approach” which provides for no protection for the irregular immigrant, the “protection with conseqences approach” which provides for protection of the right to outstanding remuneration but does not protect the irregular migrant from the consequences which might ensue once they attempt to enforce this right, and finally, the “full-protection approach” which provides for full protection not only of the right to outstanding remuneration but also to protection during the enforcement of this right. This paper will examine these three approaches in turn through a comparative analysis of a variety of international, regional, and national regimes to establish the central policy concerns and justifications underlying these various approaches. It will be argued that central to these different models are the connection or disconnection between immigration law policies and labour law policies in the various regimes. In order to develop and benefit from a “full-protection approach”, states who operate the “non-protection approach” or “protection with consequences approach” will have to reconsider the disconnect between immigration and labour law evident in their legal systems
This paper examines the legal efforts made to combat age discrimination in the EU and the compromises that have had to be made in this area. It will be argued that these compromises have contributed to the increasing levels of age discrimination by granting Member States too much leeway in the manner in which they implement EU law. The paper will conclude by suggesting some potential reform mechanisms that might be developed in order to restore equality to workers in the short term, thus contributing to the development and competitiveness of the EU in the long term.
An analysis of the Bill will then be conducted with reference to the submissions made to the Government by influential stakeholders. Certain unique aspects of the Bill will be identified and analysed, and problem areas will be assessed. The paper intends to analyse critically the issues and problems addressed and to recommend suitable reform proposals. The paper will conclude, from this analysis of the development of the Bill and its provisions, that while there are certain aspects of the Bill worthy of praise, there are significant problems that still require attention.