Iranian consecration of Irish nationalist ‘martyrs’: the Islamic Republic of Iran and the 1981 republican prisoners’ hunger strike in Northern Ireland

This article focuses on the official and semi-official Iranian coverage and representation of the 1981 republican prisoners’ hunger strike in Northern Ireland and the related corporeal constructs of the hunger strikers as ‘martyred’ bodies. The particular characterization and utilization of Irish republican hunger strikers by media outlets, officials, and other propagandists of the Islamic Republic of Iran (IRI) was an instance of groups outside Northern Ireland appropriating Irish nationalist bodies for their own ends. IRI commentators re-articulated the starving bodies of Irish republican hunger strikers, re-infusing them with symbolic meanings in a cross-cultural and ideologically laden configuration in the service of IRI’s self-projection as the patron of worldwide struggles for justice and liberation against the twin forces of imperialism and domestic opponents. In the process, IRI added its own layers of agency and politically crafted somatic meaning to the hunger strike. Meanwhile, IRI’s extensive advocacy of the republican hunger strike in Northern Ireland was eagerly welcomed by the Provisional Irish Republican Army (PIRA), to which most hunger strikers belonged; with PIRA and its political wing, Provisional Sinn Féin, hoping to secure diplomatic recognition, and possibly material aid, from the Iranian government for bolstering PIRA’s domestic and international standing vis-à-vis the British government.     

Foreign Policy, Human Rights and the United Kingdom

Amnesty International welcomes the UK Government's undertaking to incorporate the European Convention on Human Rights (ECHR) into domestic law, to put human rights at the heart of its foreign policy and to be guided by human rights principles in its treatment of asylum-seekers, its policy on arms exports and its policy towards international development. This paper reviews the subject of international human rights standards and demonstrates their importance. It then offers advice as to the steps the UK Government should take in order to implement its undertakings in full. It comments on the significance of the incorporation of the ECHR into UK law and summarizes the state of the debate over whether or not there should be a Bill of Rights for citizens of the UK. It argues that the incorporation of the ECHR into UK law should be accompanied by the creation of a (UK) Human Rights Commission equipped with effective powers to strengthen human rights protection within the UK. It concludes with a list of specific recommendations pertaining to the UK Government's conduct of international affairs.     

Children of the Troubles: The Impact of Political Violence in Northern Ireland

This article explores the effects of political violence on children and young people in Northern Ireland. The article begins with a brief historical account of the Northern Irish conflict and the recently negotiated Belfast Good Friday Agreement of 1998. This account illustrates, as is the case with many conflicts, its basis is religious, national, economic, and political, despite its frequent construction as a battle between Protestant and Roman Catholic. The article goes on to review young peoples' experience of conflict in Northern Ireland and the impact of conflict experiences on three related areas of young people's lives. These include the effects of the conflict on everyday aspects of life, social identity, and mental health .     

论和谐社会构建中的司法哲学

和谐社会的建构应以法治为根基。法治在司法上表现为认真对待规则,重视文义解释,尊重法律文本的权威。司法克制抑或司法能动体现了法官释法的两种不同的司法哲学,其主要分歧在于法官行使自由裁量权的范围或限度。当下的法官拥有广泛的法律解释权,司法能动处于无序状态,应予以合理规制;法官应当奉行司法克制主义,认真对待和尊重规则,依据法律文本的含义解释法律,从而建构裁判规范,以确保法律意义的安全与稳定。     

司法哲学的本相

司法哲学是法官涉及法律、司法和法治认知的一套综合性理念和思维,而决定法官司法哲学的是其司法权认知。传统的司法权认知主张法官无意志,是消极主义和保守主义司法哲学的理论基础和政制理念;现代司法权认知主张法官有意志,认为司法权系一种权力存在,积极主义和进步主义司法哲学就建立在此认知基础之上。司法哲学与司法价值中立之间存在紧张关系,法官应尽可能地适用消极主义和保守主义司法哲学,除非迫不得已,否则当以克制适用积极主义和进步主义司法哲学为司法哲学之基本要义和最高原则。     

Truth,partial truth,and irreconcilable truths: Reflections on the prospects for truth recovery in Northern Ireland

The issues facing truth recovery work in Northern Ireland arise in the context of a peace process in which there has been no clear winner, where several key issues, such as policing and criminal justice remain unresolved, and where there is a lack of trust between the parties to the conflict. Yet there is a demand for processes that have the potential to uncover the truth about unresolved killings and disappearances. The South African Truth and Reconciliation Commission is often cited in Northern Ireland as a model for truth recovery processes, in spite of its shortcomings and the contextual differences between South Africa and Northern Ireland. While there remains a demand for truth about human rights violations and contested killings, the compromised nature of the Northern Ireland settlement and the culture of silence that prevails within Northern Ireland institutions are obstacles to the progress of truth recovery work there. Nor is Northern Ireland ready for the rewriting of its history, although some argue that truth recovery work could provide an important disincentive to those who would return to violence. The assumption that truth recovery is always a prerequisite for healing is challenged, and painful effects of truth processes in reopening the wounds of the past are pointed out. Yet the role of truth recovery in improving public awareness of the wrongs of the past, and in providing new opportunities for forgiveness and reconciliation is acknowledged. However, truth recovery can inadvertently reinforce a dis‐empowered and unhealthy “victim culture” and may also prejudice future judicial processes. The paper concludes by summarizing the recommendations for truth recovery in Northern Ireland of the Healing Through Remembering Project. They suggest that a range of mechanisms, including some community‐based self‐help processes, are the preferred paths for this work in Northern Ireland.     

Understanding and negotiating identity: Children from cross-community families in public care in Northern Ireland

In Northern Ireland, most research on the impact upon children of living through the ‘troubles’ and in a divided society has assumed that children are from either the Catholic or Protestant community. There has been very little research with children from cross‐community families who have one parent from a Catholic background and one from a Protestant background. It is known, however, that these children are over‐represented in the public care system in Northern Ireland. The study reported in this paper addresses this gap in knowledge by exploring the experiences and views of children from cross‐community families who are in public care in Northern Ireland. The study has key messages for the development of services for looked after children from cross‐community families, if these are to be delivered in accordance with legislative duties in Northern Ireland and in an anti‐sectarian manner.     

The Development of Intergroup Forgiveness in Northern Ireland

As societies like Northern Ireland, Israel, and South Africa strive to resolve social conflict, there is growing theoretical and empirical interest in the role of intergroup forgiveness. This study examined intergroup forgiveness among 340 young adults in Northern Ireland. A short form of the Enright Forgiveness Inventory explored possible influences on propensity to forgive. All participants were Catholic and female (mean age 17.36 years), and had experienced verbal or physical injury or bereavement due to the Northern Irish political violence. Overall forgiveness levels were low in comparison with previous studies of interpersonal forgiveness but similar to previous studies of intergroup forgiveness in Northern Ireland. The strongest (negative) predictor of forgiveness was the perceived degree of hurt caused by the injury .     

Care Proceedings: Exploring the Relationship Between Case Duration and Achieving Permanency for the Child

The 1989 Children Act in England and Wales and the derivative1995 Children (NI) Order in Northern Ireland provide the legislativeframework within which issues pertaining to the care and supervisionof children that come before the Courts are examined. Both piecesof legislation were intended to address a number of problemswith the way that such issues were dealt with by the Court,particularly the tendency for proceedings to become protractedand for children to ‘drift’ in care as a consequence.The imposition of the ‘No Delay’ principle in bothjurisdictions was designed specifically to address these concerns.However, since the introduction of both the 1989 Children Act(implemented in October 1991) and the 1995 Children (NI) Order(implemented in November 1996), there has been a steady increasein the average duration of proceedings and concerns remain aboutthe impact that this may be having upon the children involved.This paper presents the findings of a research study (McSherry et al., 2004)that explored the complex relationship between the durationof care proceedings and costs to children in terms of the likelihoodof achieving permanency.     

The Integration of Health and Social Care: The Lessons from Northern Ireland

Mechanisms for the integration of social services with health have come to dominate the debate on providing a more seamless provision of health and social care. Working together at the health and social care interface has been strongly promoted and endorsed in government documents since the late 1990s. Moves towards integration have been treated with suspicion and scepticism in the academic literature, with many authors highlighting the many barriers and challenges presented by this method of working. Yet these proposals do not represent a paradigm shift in culture in all parts of the United Kingdom, as Northern Ireland has had an integrated health and social care system for over thirty years. Based on an empirical study of senior health care professionals in Northern Ireland, this study identifies and discusses the key issues associated with integration. It concludes that the experiences in Northern Ireland have to date been overlooked or misrepresented and could prove extremely valuable in gaining an understanding of the challenges and benefits of integrated arrangements.     

The impact of government spending on Ireland’s housing and residential market – Targeted vs economy-wide stimulus

The Irish residential property market is currently characterized by a considerable structural deficiency in housing supply compared to the underlying level of demand. The lack of housing has led to several economic and social problems in Ireland. The imbalance between supply and demand has led to both house prices and rents increasing faster than household incomes. Recent policy initiatives by the Irish Government have outlined plans for significant spending aimed at increasing the numbers of housing completions to tackle these issues. This paper examines the impact of government spending on housing supply using a structural econometric model of the Irish economy with a specific construction block. Within our econometric analysis, we compare the results of an economy wide versus a sector specific government stimulus on the property market. Our simulations suggest that, in order to achieve social and economic goals like increasing the number of dwellings and making housing more affordable by containing house price inflation, a targeted policy such as that described in the Irish Government's Housing for All plan may be preferable to an economy-wide stimulus.     

德性、知识、理性、经验--法官的素质解读

对于法官职业共同体而言,德性、知识、理性和经验是法官素质结构的重要部分,也是作为正义实现过程的司法对法官的特殊要求.如果说知识和经验是司法职业的基本要求,那么德性和理性则是司法职业的重要保障.法官缺乏知识和经验,无法胜任司法职业,而法官缺乏德性和理性,就易于导致裁判的不公,滋生司法的腐败,破坏公众的司法信仰.因此法官素质结构的完整性是各国法官职业化建构的共同追求.在当代中国,法官德性、知识、理性和经验的培育和完善将是一个长期的过程.     

Balancing parents' and very young children's rights in care proceedings: decision-making in the context of the Human Rights Act 1998

This paper explores whether the Human Rights Act 1998 has influenced the approach a range of professionals, including social workers, managers and children's guardians adopt when they examine and seek to balance the potentially competing rights of parents and children involved in care proceedings. Drawing on findings from an empirical study of the decision‐making process that influences the life pathways of very young children in care, it also explores some of the dilemmas professionals face in their day‐to‐day practice and examines whether parental rights are prioritized over children's rights in certain instances.     

Language Provisions Under the Voting Rights Act: How Effective Are They?*

Objectives. As the Voting Rights Act (VRA) comes up for renewal in 2007, its effects on the political incorporation of groups other than African Americans will be of key importance in any debate. Among the questions in any such discussion will be whether the language provisions of the VRA have helped enfranchise “linguistic minorities” in the United States, or whether their effect has been largely symbolic. Second, if the Voting Rights Act has had a positive impact on the participation rates of Asian Americans and Latinos, have these effects been tilted toward first‐generation immigrants—who were not the intended beneficiaries of the Act—rather than native‐born minorities? Methods. This article looks at registration and voting data from the November 1996 and 2000 Census Current Population Supplemental Voting Surveys to explore the differential impact of the Act among immigrants and the native born, and among Latinos and Asian Americans. Results. The analysis finds evidence that the language provisions of the Voting Rights Act have significant and positive effects on the voting rates of covered linguistic minorities. Conclusions. Because the voting rates of Asian and Hispanic Americans in the United States still lag behind those of the population as a whole, the effects of the VRA with respect to these groups are important considerations as Congress weighs the Act's renewal.     

Secular Trends in Substance Use: The Conflict and Young People in Northern Ireland

The resolution of political conflict has led some to suggest that Northern Ireland will now face a range of social problems that have been ignored or suppressed by the Troubles. One such area is adolescent drug use. In this article, a review of a range of data sources shows that drug use, with few exceptions, has increased since the emergence of the ongoing peace process. Social and political changes and enhanced paramilitary involvement in the drugs trade appear to have somehow created an environment where drug use has flourished. In reviewing current drug policy and practice, the article highlights the lack of prevention, treatment, and harm reduction services established in Northern Ireland as a cause for concern .     

Cost-Sharing in Civil Justice

As an economic factor affecting access to justice, the cost of justice naturally constitutes an element of judicial reform. It is the overall deconstruction of the cost of civil justice, rather than partial observation and analysis confined to litigation costs, that can legitimize the sharing of court and litigation costs and clarify the demarcation between public and private costs. This first-order rule of cost-sharing is intended to establish a balance between the state’s investment of public resources in the judicial system and the costs borne by the litigant. The second-order rule of cost-sharing centers on the distribution of litigation costs among litigants. This requires not only the setting up of the goal of just and equitable sharing of litigation costs, but also the overall consideration of the adjustment function of the cost mechanism in litigation and pursuit of the general improvement of the justice system. The third-order cost-sharing rule should focus on giving full play to the legal services market and social organizations in sharing the cost of litigation. Its success will depend on the development of professional ethics and on legal regulation.     

The nature of child protection practices: an Irish case study

Child protection social work in Ireland has been expanding at a significant pace over the past decade, particularly since the implementation of the 1991 Child Care Act and the emergence of a number of child abuse 'scandals' since the early 1990s. One health board area in Ireland, itself subject to one of the most controversial child abuse inquiries, commissioned a research study into the nature of child protection practices in the area. The aim of the research was to evaluate the overall child protection system and to consider what impact, if any, new practice guidelines and procedures, implemented in the aftermath of the inquiry, had made on the service. This paper considers some of the key findings from the research and considers these in the context of the overall Irish child protection system. Three particular aspects of the research are focused on: the use of procedures and guidelines, the nature of interagency cooperation and the position of social workers within this, and the overall nature and direction of the child care system.     

The United Nations Convention on the Rights of the Child and Canadian implementation efforts for indigenous children and youth

Since playing the role of co-host at the 1990 World Summit for Children in New York, Canada has promoted the adoption of the United Nations’ Convention on the Rights of the Child at home and abroad. What impact has this unprecedented international human rights document had on Canadian First Nations, Inuit and other Aboriginal groups? This paper looks at Canada's implementation of this UN Convention, and specifically at Canadian initiatives for indigenous children and youth. The Indian Act, upon which the Canadian government has based its control over Aboriginals since 1876, is explained. Five national organizations representing various Aboriginal perspectives have reviewed the federal government's efforts to honour the World Summit's‘First Call for Children,’ and the emergent issues for at-risk children's programming on- and off-reserve are reviewed. The‘best interests of the child’ ideology that has guided the developed world's notions of children's rights has evolved in a cultural and value-laden context that must now be left for indigenous social scientists, children and youth around the globe to decide for themselves.     

Changing expectations: the impact of ‘child protection’ on Irish social work

In this paper, the author (who has worked as a social worker in both Ireland and the UK) contends that there has been an uncritical importation of expectations and responsibilities from the British system into Irish state social work. In the area of child and family social work this has been most marked by the introduction and construction of ‘child protection’ as the dominant discourse. Yet fundamental differences exist between Irish and British social policy, differences that are reflected in the structure, nature and culture of social work services. Some of the historical differences between the two welfare systems are explored and three core features of modern Irish social work with children and families are identified. Possibilities for recreating Irish social work in discourse and in practice are suggested, particularly around the notions of certainty/uncertainty and the potential for linguistically based frameworks for practice.