Siobhan Mullally
University College Cork, Law, Faculty Member
Research Interests:
Research Interests:
Research Interests:
Citizenship laws provide us with models of membership. They define the terms on which strangers and natives belong to political communities, allocating both the benefits of membership and the brutalities of exclusion. Recent legal changes... more
Citizenship laws provide us with models of membership. They define the terms on which strangers and natives belong to political communities, allocating both the benefits of membership and the brutalities of exclusion. Recent legal changes in Ireland, restricting the right to citizenship by birth and limiting the rights of migrant families, highlight the vulnerability of children in migrant families and the limits of citizenship status. Many other states have grappled in recent times with the right to citizenship by birth and the entitlements to family life that come with such a claim. In both the UK and Australia the jus soli principle has been significantly restricted. In the US, Canada and elsewhere, while the jus soli principle continues to apply, citizen children born to undocumented migrant parents are subject to de facto deportations, their right to membership of the nation-state 'postponed' because of the legal status of their parents. In challenges to deportation proceedings involving such children, the perspective of the child as a bearer of rights is marginalised, with disputes turning largely on the balancing of states' interests in immigration control against the residence claims made by migrant parents.
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Research Interests:
—Debates in India following on from the Shah Bano case highlight the extent to which gender equality may be compromised by yielding to the dominant voices within a particular religion or cultural tradition. As the Indian Supreme Court... more
—Debates in India following on from the Shah Bano case highlight the extent to which gender equality may be compromised by yielding to the dominant voices within a particular religion or cultural tradition. As the Indian Supreme Court noted in Danial LatiW & Anr v Union of India, the pursuit of gender justice raises questions of a universal magnitude. Responding to those questions requires an appeal to norms that claim a universal legitimacy. Liberal feminist demands for a uniform civil code, however, have pitted feminist movements against proponents of minority rights and claims for greater autonomy for minority groups. Against the background of growing communal tensions and increasing Hinduization of politics, many feminists have argued for more complex strategies—strategies that encompass the diversity of women's lives and create a sense of belonging amongst women with diverse religious-cultural aYliations. Liberal theories of rights that abstract from the concrete realities of women's daily lives have not always addressed the institutions and procedures necessary to build that sense of belonging. This paper examines the contribution made by discourse ethics theorists to debates on models of multi-cultural arrangements. Deliberative models of democracy developed by discourse ethics theorists recognize the need for 'diVerence-sensitive' processes of inclusion, potentially assisting feminism in resolving the apparent conXict between the politics of multiculturalism and the pursuit of gender equality.
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Women's reproductive autonomy has gained limited recognition at the international level. This recognition has been difficult to secure and remains contentious. This article examines the struggle for reproductive autonomy within the... more
Women's reproductive autonomy has gained limited recognition at the international level. This recognition has been difficult to secure and remains contentious. This article examines the struggle for reproductive autonomy within the context of the abortion debate in Ireland, where reproductive rights particularly and women's human rights generally have often been portrayed as hostile to cultural and national sovereignty. The entanglement of religious and nationalist principles with the struggle for reproductive autonomy in Ireland demonstrates the ways in which gender identities and roles are given greater or lesser weight depending on their " fit " with state interests and the ongoing process of nation-building. Lost within these negotiations and compromises is a recognition of the universal legitimacy of women's human rights claims.
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Research Interests:
This is a comparative survey of the international experience of equality legislation prohibiting discrimination in employment on four grounds: (1) socio-economic status (including social origin); (2) trade union membership; (3) criminal... more
This is a comparative survey of the international experience of equality legislation prohibiting discrimination in employment on four grounds: (1) socio-economic status (including social origin); (2) trade union membership; (3) criminal conviction/ex-offender/ex-prisoner and (4) political opinion. The jurisdictions covered in the survey are: Australia, Canada, New Zealand, Great Britain, Northern Ireland and the Netherlands.
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... Significantly, Canada also argued that article 18 does not impose a duty of "reasonable ... While the school allowed mainstream symbols such as the hijab, Sikh turban and Christian ... 28 seeks to extend the prohibition on... more
... Significantly, Canada also argued that article 18 does not impose a duty of "reasonable ... While the school allowed mainstream symbols such as the hijab, Sikh turban and Christian ... 28 seeks to extend the prohibition on religious discrimination beyond the scope of employment, to ...
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Research Interests:
Research Interests: Law and Legal Studies
DOMESTIC VIOLENCE ASYLUM CLAIMS AND RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW: A PROGRESS NARRATIVE? ... Cautious recognition that domestic violence may give rise to a legitimate claim to asylum is evident in recent case-law.... more
DOMESTIC VIOLENCE ASYLUM CLAIMS AND RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW: A PROGRESS NARRATIVE? ... Cautious recognition that domestic violence may give rise to a legitimate claim to asylum is evident in recent case-law. ...
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... ID Code: 6321. Deposited By: Mr Liam Thornton. Deposited On: 11 Jan 2010 16:38. Last Modified: 11 Jan 2010 16:38. Repository Staff Only: item control page.