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Criminal Liability for Deaths in Prison Custody: The Corporate Manslaughter and Corporate Homicide Act 2007
In: The Howard journal of crime and justice, Band 55, Heft 3, S. 295-311
ISSN: 2059-1101
AbstractThis article explores a provision of the Corporate Manslaughter and Corporate Homicide Act 2007, which has been neglected by criminologists and legal scholars – the application of the legislation to deaths in custody. The article argues that proving the liability of a prison based on the definition of 'senior management' in the Act may reflect the problems associated with establishing the guilt of corporate bodies under the common law identification principle and that the 'senior management' test may nullify the intent of Section 2(1)(d) and undermine the capacity of the Crown Prosecution Service (CPS) to convict a prison for an avoidable death in custody.
Workers' Perspectives on State-Constructed Vulnerability to Labour Exploitation: Experiences of Migrant Fishers in Ireland
In: Social & legal studies: an international journal, Band 32, Heft 4, S. 562-585
ISSN: 1461-7390
This article examines migrant workers' experiences of state-constructed vulnerability to labour exploitation, through the case study of non-European Economic Area (EEA) migrant fishers in Ireland. It draws on the findings of interviews with 24 migrant fishers, together with information obtained from public bodies and legal analysis. Building on the work of Mantouvalou, Zou, and others, we demonstrate that the Irish legal and policy framework – most importantly, immigration law – places migrant fishers in a position of 'hyper-dependency' and 'hyper-precarity' in their work relations. We outline how this state-constructed vulnerability to labour exploitation is experienced in practice through an in-depth account of the interviewees' experiences of working conditions; immigration status; and racism and discrimination at work. In particular, the interviews reveal the work permit scheme for non-EEA fishers to be a powerful structure of exploitation, within which workers have little bargaining power and protective employment mechanisms are rendered ineffective.
Education in Ireland: accessible without discrimination for all?
In: International journal of human rights, Band 24, Heft 10, S. 1701-1720
ISSN: 1744-053X
"Data is the new oil": citizen science and informed consent in an era of researchers handling of an economically valuable resource
In: Life sciences, society and policy, Band 17, Heft 1
ISSN: 2195-7819
AbstractAs with other areas of the social world, academic research in the contemporary healthcare setting has undergone adaptation and change. For example, research methods are increasingly incorporating citizen participation in the research process, and there has been an increase in collaborative research that brings academic and industry partners together. There have been numerous positive outcomes associated with both of these growing methodological and collaborative processes; nonetheless, both bring with them ethical considerations that require careful thought and attention. This paper addresses the ethical considerations that research teams must consider when using participatory methods and/or when working with industry and outlines a novel informed consent matrix designed to maintain the high ethical standard to which academic research in the healthcare arena has traditionally adhered.