Now showing 1 - 10 of 10
  • Publication
    Direct Provision as Aftercare for Aged-Out Separated Children in Ireland
    Ireland’s approach to after-care for 'aged-out' separated children is problematic. Currently, upon reaching the age of 18, most separated young people are moved to 'direct provision', despite the fact that the State can use discretionary powers to allow them to remain in foster care. Direct provision is the system Ireland adopts providing bed and board to asylum seekers, along with a weekly monetary payment. Separated young people in Ireland are in a vulnerable position after ageing out. Entry into the direct provision system, from a legal and social work perspective, is concerning. Utilising direct provision as a 'form of aftercare' emphasises Governmental policy preferences that privilege the migrant status of aged-out separated children, as opposed to viewing this group as young people leaving care. Utilising a cross disciplinary approach, this article reviews the literature to critically analyse these issues from socio-legal and social work perspectives. This analysis will be placed in the context of primary qualitative research with experiences of separated children and young people and key stakeholders. This article concludes, that the administrative and legal approaches to aged-out separated children tend to limit the ability of the State to provide adequate aftercare supports to these young people. Ultimately, their migrant status is privileged over their status as care leavers.
      296
  • Publication
      636
  • Publication
    Law, dignity & socio-economic rights: the case of asylum seekers in Europe
    (European Database of Asylum Law (EDAL), 2014-01)
    This paper explores the interplay of dignity, law and rights as regards the socio-economic rights of asylum seekers. It does so by posing some questions as regards the extent to which this concept of 'reception' is preferable to the issue of socio-economic rights. This paper is not going to discuss the (rather depressing) situation in different EU member states; rather, this paper considers whether systems and processes of international and European human rights law offer heighted protection for the socio-economic rights of asylum seekers. Part B clarifies some of the terminology that is utilised in this paper, in particular as regards what I mean by the phrase 'asylum seeker' and why I utilise the language of 'socio-economic rights' in preference to 'reception conditions'. Part C, the core of this paper, considers the extent to which the socio-economic rights of asylum seekers are protected at the supranational level under international and European law (both EU and Council of Europe). Part D reflects on the extent that asylum seekers truly enjoy equal protection of socio-economic rights vis-à-vis citizens or legal residents of a state.
      807
  • Publication
    The Slow March to Work for Asylum Seekers in Ireland
    (2020-06-11)
    Two key issues of focus: 1. Denying the right to work for asylum seekers 1996-2018. 2. The Potential and Limits of Law.
      107
  • Publication
    MhicMathuna v Ireland
    (2015-02)
    Una MhicMathúna and Seamus MacMathúna, while not wishing for allowances and social assistance payments to be reduced for any other category of parent, argue that legislative reduction and ultimately the withdrawal of child tax free allowances between 1978/1979 and 1986/1987 and provision of social assistance allowance for unmarried mothers, is invidious discrimination and a fundamental attack against the marital family, in breach of Article 40.1 and Article 41 of the Irish Constitution.
      556
  • Publication
    Opening Statement to the Joint Oireachtas Committee on Justice and Equality on the System of Direct Provision in Ireland
    (Houses of the Oireachtas, 2019-06-12)
    I thank the committee for the invitation to discuss the system of direct provision in Ireland. I am an associate professor in UCD School of Law, and human rights legal obligations and the system of direct provision has been a topic of my published research for some time. I have provided the Committee with a full submission, and just wish to highlight some of my key recommendations which I invite the Committee to consider. These include recommendations on: better respecting and protecting the right to work; recognising direct provision as a gross violation on the rights of the child, and indeed all persons subjected to this system; increases to direct provision allowance/daily expenses allowance and the rights of aged-out separated children.
      139
  • Publication
    Seasca bliain faoi bhláth: socio-economic rights and the European Convention on Human Rights
    (2013-06)
    This paper firstly provides an overview of the rights and freedoms contained in the ECHR, before going on to examine in more detail the protection of socio-economic rights under the ECHR. The issue of positive obligations, discrimination and socio-economic rights will be briefly examined, before a sustained review of socio-economic rights and (i) the right to life; (ii) inhuman and degrading treatment; (iii) family and private life; (iv) property and (v) education rights. 
      657
  • Publication
    A Time for Hope? The European Communities (Reception Conditions) Regulations 2018
    (NASC/CCJHR, 2018-12-10)
    For those unfamiliar with the term, ‘direct provision’, it is shorthand for provisions that Ireland has in place for those seeking protection in Ireland. This includes provision of education to those up to Leaving Certificate level, availability of medical services to asylum seekers in the protection system, along with a range of accommodation supports, a weekly financial allowance and provision of food, or the ability to cook food. This system of direct provision has existed for almost nineteen years. There have been countless reports since the early 2000s urging Ireland to come in line with common European Union norms, but all these reports, had been ignored. Yet, only since 06 July 2018 have the rights, entitlements and obligations for asylum seekers been placed on any sort of legislative footing. In response to a decision of the Irish Supreme Court recognising the right to work for asylum seekers, the Irish Government decided, after many years to become bound by European Union law, when it comes to the reception rights of asylum seekers.
      282
  • Publication
    International Protection System & Direct Provision in Ireland
    (United Nations, 2019-12-04)
    INAR expresses significant concern around Ireland’s system of reception for asylum seekers known as direct provision. INAR notes that asylum seekers are accommodated in communal centres, at times away and apart from local host communities. INAR echoes the calls of the former Special Rapporteur on Children and the Irish Human Rights and Equality Commission on the need to move away from the system of direct provision. The Irish government must begin planning for a reception system for asylum seekers that respects privacy, autonomy and does not segregate persons of minority ethnicities within communal accommodation centres.
      89