All Outputs (16)

Freedom of Speech and Academic Freedom in Higher Education in England (2024)
Journal Article
McGoldrick, D. (2024). Freedom of Speech and Academic Freedom in Higher Education in England. Human Rights Quarterly, 46(2), 287-329. https://doi.org/10.1353/hrq.2024.a926223

This article considers the context, development, and significance of the Higher Education (Freedom of Speech) Act 2023. The Act was relatively unusual in aiming to increase the normative strength of freedom of speech. The central justification given... Read More about Freedom of Speech and Academic Freedom in Higher Education in England.

Bringing the International Covenant on Civil and Political Rights Home? (2024)
Journal Article
Mcgoldrick, D. (2024). Bringing the International Covenant on Civil and Political Rights Home?. European Human Rights Law Review, 1, 57-68

This article is a thought-experiment. Given that the United Kingdom's Human Right Act has had over two decades to bed down, could and should the same model be extended to the International Covenant on Civil and Political Rights (1966), thereby giving... Read More about Bringing the International Covenant on Civil and Political Rights Home?.

Sharia Law in Europe? Legacies of the Ottoman Empire and the European Convention on Human Rights (2019)
Journal Article
McGoldrick, D. (2019). Sharia Law in Europe? Legacies of the Ottoman Empire and the European Convention on Human Rights. Oxford Journal of Law and Religion, 8(3), 517–566. https://doi.org/10.1093/ojlr/rwz026

In Western Thrace in Greece, a legacy of the Ottoman Empire survives in the form of religious law (Sharia). This article examines how international human rights law has approached the compatibility of such religious laws with modern human rights inst... Read More about Sharia Law in Europe? Legacies of the Ottoman Empire and the European Convention on Human Rights.

The politics of LGBQT: human rights in the United Nations system (2019)
Book Chapter
McGoldrick, D. (2019). The politics of LGBQT: human rights in the United Nations system. In D. Haider-Markel, & C. Ball (Eds.), Oxford Encyclopedia of LGBT Politics and Policy. Oxford University Press. https://doi.org/10.1093/acrefore/9780190228637.013.1305

Human rights -the struggle for recognition of LGBTQ rights from a transnational perspective (2019)
Book Chapter
MCGOLDRICK, D. (2019). Human rights -the struggle for recognition of LGBTQ rights from a transnational perspective. In H. Chiang (Ed.), Global encyclopedia of lesbian, gay, bisexual, transgender, and queer (LGBTQ) history (759-67). Farmington Hills, Michigan: Charles Scribner's Sons

Challenging the constitutionality of restrictions on same sex sexual relations: lessons from India (2019)
Journal Article
McGoldrick, D. (2019). Challenging the constitutionality of restrictions on same sex sexual relations: lessons from India. Human Rights Law Review, 19(1), 173–185. https://doi.org/10.1093/hrlr/ngy041

The struggle for recognition of LGBTQ rights from a transnational perspective (2019)
Book Chapter
McGoldrick, D. (2019). The struggle for recognition of LGBTQ rights from a transnational perspective. In H. Chiang (Ed.), Global encyclopedia of lesbian, gay, bisexual, transgender, and queer history. Gale

Religious symbols and state regulation: assessing the strategic role of the European Court of Human Rights (2017)
Book Chapter
McGoldrick, D. Religious symbols and state regulation: assessing the strategic role of the European Court of Human Rights. In J. Gunn, T. Jeroen, & E. Malcolm (Eds.), 50 years after Kokkinakis v Greece. Brill. Manuscript submitted for publication

Religious Rights and the Margin of Appreciation (2017)
Book Chapter
McGoldrick, D. (2017). Religious Rights and the Margin of Appreciation. In P. Agha (Ed.), Human rights between law and politics: the margin of appreciation in post-national contexts. Hart

Religious symbols and state regulation (2017)
Journal Article
McGoldrick, D. (in press). Religious symbols and state regulation. Religion and Human Rights, 12(2-3), https://doi.org/10.1163/18710328-12231155

Religious symbols are historically significant and socially powerful. They have many forms and functions. Their legal regulation presents difficult challenges for courts, particularly international courts. This article examines how the European Court... Read More about Religious symbols and state regulation.

The development and status of sexual orientation discrimination under international human rights law (2016)
Journal Article
McGoldrick, D. (2016). The development and status of sexual orientation discrimination under international human rights law. Human Rights Law Review, 16(4), 613-668. https://doi.org/10.1093/hrlr/ngw030

This article assesses the development, status and recognition of a prohibition on sexual orientation discrimination as a matter of international human rights law. The State practice examined appears to reveal fundamental divisions on this issue. The... Read More about The development and status of sexual orientation discrimination under international human rights law.

Affording states a margin of appreciation: comparing the European Court of Human rights and the Inter-American Court of Human Rights (2016)
Book Chapter
McGoldrick, D. (2016). Affording states a margin of appreciation: comparing the European Court of Human rights and the Inter-American Court of Human Rights. In C. M. Buckley, A. Donald, & P. Leach (Eds.), Towards Convergence in International Human Rights Law. Brill

We live in an era of proliferating international legal domains and institutions, not least in the human rights field. For some, normative pluralism within human rights is inevitable, and even desirable. Others view it as a threat to the integrity and... Read More about Affording states a margin of appreciation: comparing the European Court of Human rights and the Inter-American Court of Human Rights.

A defence of the margin of appreciation and an argument for its application by the human rights committee (2015)
Journal Article

Developments in the right to be forgotten (2013)
Journal Article
McGoldrick, D. (2013). Developments in the right to be forgotten. Human Rights Law Review, 13(4), https://doi.org/10.1093/hrlr/ngt035

Religion and legal spaces: in Gods we Trust; in the Church we Trust, but need to verify (2012)
Journal Article
McGoldrick, D. (in press). Religion and legal spaces: in Gods we Trust; in the Church we Trust, but need to verify. Human Rights Law Review, 12(4), https://doi.org/10.1093/hrlr/ngs026

Security detention - United Kingdom practice (2009)
Journal Article
McGoldrick, D. (2009). Security detention - United Kingdom practice. Case Western Reserve Journal of International Law, 40(3),

This article assesses the role of security detention within the context of a number of the United Kingdom’s anti-terrorism policies. It considers the U.K. provisions on indefinite detention and the judicial response to those policies. Close attention... Read More about Security detention - United Kingdom practice.