
European Convention on Human Rights and the Conflict in Northern Ireland
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Content
- Intro
- Contents
- Table of Cases
- Tables of Legislation
- List of Abbreviations
- 1. Introduction
- 2. The Background to the Conflict and the Rights Discourse
- Competing nationalisms
- The partition of Ireland
- Northern Ireland and the Special Powers Act
- Direct rule
- Human rights discourse in Northern Ireland
- Early calls for a Bill of Rights
- The Standing Advisory Commission on Human Rights
- Conclusion
- 3. Early Fumblings with the Convention
- The Convention's origin and content
- The Convention's limitations
- The situation in Northern Ireland when the Convention became binding
- The Republic of Ireland's emergency legislation
- The IRA and internment in the Republic
- Lawless v Ireland
- Was there a public emergency in Ireland?
- Were the measures taken in Ireland strictly required?
- Access by individuals to the European Court
- Complaints of religious discrimination
- Bernadette Devlin v United Kingdom
- Miscellaneous complaints
- Conclusion
- 4. Internment and Restrictions on Movement
- The practice of internment in Northern Ireland
- The Diplock Commission and the EPA 1973
- The Gardiner Committee and the EPA 1975
- The criminalization policy
- Ireland v United Kingdom
- The European Court's decision
- Further derogations
- Internment in the twenty-first century
- Port powers
- McVeigh, O'Neill and Evans v United Kingdom
- The Shackleton and Jellicoe reviews
- Powers to stop and question
- Exclusion orders
- Attempts to challenge exclusion orders in the courts
- Criticisms of the power to exclude
- Conclusion
- 5. Powers of Arrest
- The scope of Article 5 of the Convention
- The right to security
- Arrests in connection with criminal offences
- 'Ordinary' and 'special' arrest powers
- Special army arrest powers
- The Baker Review and the EPA 1987
- Margaret Murray v United Kingdom
- Special police arrest powers
- Challenging arrests in domestic courts
- Fox, Campbell and Hartley v United Kingdom
- O'Hara v United Kingdom
- Conclusion
- 6. Detention Pending Charge or Trial
- The right of detainees to be brought before a judge
- Brogan v United Kingdom
- Further challenges to the derogation notice
- The right of detainees to be charged or released
- The right of detainees to be released pending trial
- General rules on bail
- Conclusion
- 7. The Right Not to be Ill-treated
- Article 3 of the Convention
- Donnelly v United Kingdom
- Ireland v United Kingdom
- Diplock, the EPA, and the Bennett Inquiry
- The holding centres
- Developments since 1989
- Punishment attacks
- Conclusion
- 8. The Right to a Fair Trial
- Access to a solicitor
- The right of immediate access
- The right of access during police interviews
- Judicial review of prosecutorial decisions
- The presumption of innocence and the burden of proof
- Proof of membership of unlawful organizations
- The admissibility of evidence
- The right to remain silent
- The use of informers
- The right to jury trial
- The right to trial within a reasonable time
- The right to no punishment without law
- Extradition
- Conclusion
- 9. The Right to Life
- The wording of Article 2 of the Convention
- The death penalty
- The right to be protected against risks to life
- Post-Osman cases relating to Northern Ireland
- The Key Persons Protection Scheme
- Claims by witnesses to anonymity
- The right not to be killed
- Rubber and plastic bullets
- The use of potentially lethal force today
- The right to a thorough investigation
- Inquests
- Conclusion
- 10. The Right to a Private and Family Life
- Prison conditions
- Strip-searches
- Transfer of prisoners
- Other prison issues
- Searches of property
- Sexual issues
- Conclusion
- 11. Freedom of Expression, Belief, and Assembly
- Bans on broadcasting and reporting
- Freedom of expression and elections
- Freedom of expression and parliamentary processes
- Treason, sedition, and incitement to disaffection
- Prisoners and journalists
- Belief and identity issues
- Recruitment to the police
- Parades
- Conclusion
- 12 Freedom from Discrimination
- Religious and political discrimination
- The relevance of the European Convention
- Tinnelly & Son Ltd and McElduff v United Kingdom
- Other grounds of discrimination
- Housing and education issues
- Conclusion
- 13 The Final Picture
- The contribution of the Convention in Northern Ireland
- A Bill of Rights for Northern Ireland?
- The Convention and conflicts in other European societies
- The future
- Appendix: Applications lodged in Strasbourg relating to the conflict in Northern Ireland
- Bibliography
- Index
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- K
- L
- M
- N
- O
- P
- R
- S
- T
- U
- V
- W
- Y
- Z
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