Call McGarr Solicitors on: 01 6351580

Home » Blog » Human Rights

Tagged: Human Rights

The National Risk Assessment for 2014

Suburbs in Texas

The Taoiseach has published the Draft National Risk Assessment for 2014. The good news is that, by implication, there will be another in 2015 and that it is open for public comments until the 30th June. The bad news is that, in briefly harking back to the past, it fails to correctly describe what really happened. Then there’s the tone; the authors never question the possibility that they are not competent to write the Assessment. Presumably, they followed the nostrum […]

More

Is it yourself, then?

Memories word and camera

It is high time to re-evaluate people. Take the Garda whistleblowers, former Garda Wilson and Sergeant Maurice McCabe. Few commentators have remarked upon an obvious fact; they have been subjected to extreme stress. People like that are entitled to our understanding of their difficulties. To claim there are only two of them, as then Garda Commissioner Callinan did, is laughable; it is astonishing that there are so many of them. Human beings are fragile, but there is a mistaken idea […]

More

Digital Rights Ireland: ECJ Judgment striking down Data Retention

1396939240.jpg

The ECJ judgement on Digital Rights Ireland’s challenge to the EU’s data retention regime.

More

Medical Negligence and “Doctor X”

In January 2008 we reported the publication of a book by an anonymous Irish doctor, detailing the failings of the Irish hospital system. See a report HERE. The doctor was running a website and was featured speaking on national radio. The website is now not to be found and the book is not readily available. Medical errors happen everywhere; they are not unique to Ireland. In the USA and the UK, the responsible authorities collect statistics to find out why […]

More

News, fit to print?

It is easy to become tired. Tired of bad, inadequate newspapers advising us how to choose and buy from a range of corkscrews, or baby buggies, or, inevitably, houses. Then we get quality information, if we search for it, HERE Timothy Snyder, the source of the information, is the author of “Bloodlands”, a history of the part of Europe that lies between Germany and Russia. Of the Ukraine he writes: “The country, Ukraine, was in effect an oligarchy, where much […]

More

The Running of Time

Our legal system contains the idea that time runs. What is meant by this, is that an event triggering a cause of action is the beginning of a window of opportunity to litigate a claim. By implication, the window has an end point as well as a start point. A plaintiff cannot successfully commence litigation until the triggering event (the suffering of a loss, usually) and cannot successfully commence litigation after the expiration of the time allocated by the Statute […]

More

Judging judges

There are two big ideas current in modern law. One is expressed in the law of the EU; it is the freedom to do business. The other is the law generated in response to the Second World War; it is the law of human rights. There has been an effort to bring them together (and an effort to keep them apart). The effort to bring them together is in the Treaty of European Union and the Charter of Fundamental Rights […]

More

The Actio Popularis, Aarhus Convention and class actions in Ireland

811203MaccariCicero

Ireland currently has a limited form of class action. It is the “actio popularis”. It is not like the US form of class action; it is not of direct benefit to individual members of the public. They get the benefit when they are in the class that benefits from the judgment. They do not simply lodge their claim for compensation, say. The Irish courts have accepted “actio popularis” claims in only one such proceedings; Digital Rights Ireland Ltd. v The […]

More

In Praise of Cearta.ie

cc Opensourceway

Had we but world enough and time… To peer-review our works and rhyme ‘Twould serve us well in private state But publick matters are not so fine To let us leave the readers wait Who pay us time for their estate And not the purchase of our pine – With apologies to Andrew Marvell The news that the Cearta.ie blog, written and maintained by Dr. Eoin O’Dell of Trinity College Dublin has gone offline was received in this office with […]

More

Mad, bad and dangerous to know

Klaus Barbie

On 21st June 1943, the Gestapo raided the house of Dr. Frédéric Dugoujon in Lyon. There they found nine leaders of the French Resistance, including Dr. Dugoujon, Jean Moulin, Raymond Aubrac and René Hardy. Only René Hardy escaped, there and then. Jean Moulin, returned from Britain, had been charged by General De Gaulle with uniting the various factions within the Resistance. He was tortured extensively by Klaus Barbie in Lyon and died in a railway station in Metz on his way to Germany. […]

More