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All Outputs (60)

A clash of conventions? Participation, power and the rights of disabled children (2017)
Journal Article
Sandland, R. (2017). A clash of conventions? Participation, power and the rights of disabled children. Media and Communication, 5(3), https://doi.org/10.17645/si.v5i3.955

This paper considers the neglected topic of the relationship between the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child, with regard to the participation rights of disabled children. It analyses ke... Read More about A clash of conventions? Participation, power and the rights of disabled children.

European Novel Foods Policy at a critical juncture: drawing lessons for future Novel Food Governance through a retrospective examination of Regulation 258/97 (2017)
Journal Article
Hyde, R., Hartley, S., & Millar, K. (2017). European Novel Foods Policy at a critical juncture: drawing lessons for future Novel Food Governance through a retrospective examination of Regulation 258/97. Food and Drug Law Journal, 72(3),

This paper presents a timely analysis of the European Union (EU) Novel Foods Regulation EC 258/97, identifying trends in the policy process and the applications that have been made under the regulation. The ways that the Novel Foods Regulation has fu... Read More about European Novel Foods Policy at a critical juncture: drawing lessons for future Novel Food Governance through a retrospective examination of Regulation 258/97.

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

The Bangladesh Sustainability Compact: an effective exercise of global experimentalist EU governance? (2017)
Journal Article
Kenner, J., & Peake, K. (in press). The Bangladesh Sustainability Compact: an effective exercise of global experimentalist EU governance?. " The Cambridge yearbook of European legal studies", https://doi.org/10.1017/cel.2017.3

The calamitous Rana Plaza factory collapse in 2013 focused international attention on labour rights’ violations and factory safety in Bangladesh’s dominant ready-made garment industry which is almost wholly dependent on exports to the EU. In response... Read More about The Bangladesh Sustainability Compact: an effective exercise of global experimentalist EU governance?.

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.

Subjective valuation of enrichment in restitution for wrongs (2017)
Journal Article
Rotherham, C. (2017). Subjective valuation of enrichment in restitution for wrongs. Lloyd's Maritime and Commercial Law Quarterly, 2017(3), 413-434

The received wisdom is that release-fee awards, sometimes known as “Wrotham Park damages”, are available against morally blameless defendants who have committed torts of strict liability. This article argues that such defendants who have not been inc... Read More about Subjective valuation of enrichment in restitution for wrongs.

An examination of the European Court of Human Rights' indication of remedial measures (2017)
Journal Article
Mowbray, A. (2017). An examination of the European Court of Human Rights' indication of remedial measures. Human Rights Law Review, 17(3), https://doi.org/10.1093/hrlr/ngx015

This article studies the development and current practice of the European Court of Human Rights when it indicates non-financial remedial measures following the determination that violations of the European Convention on Human Rights have occurred. An... Read More about An examination of the European Court of Human Rights' indication of remedial measures.

The Housing and Planning Act 2016: rewarding the aspiration of homeownership? (2017)
Journal Article
Bevan, C., & Laurie, E. (2017). The Housing and Planning Act 2016: rewarding the aspiration of homeownership?. Modern Law Review, 80(4), 661-684. https://doi.org/10.1111/1468-2230.12278

In May 2016 the Housing and Planning Act 2016 became law, the first purely Conservative government intervention on housing in England since the 1990s. This article examines the Act's key provisions pertaining to social housing and the government's st... Read More about The Housing and Planning Act 2016: rewarding the aspiration of homeownership?.

Patients' duties: the missing element in European healthcare law (2017)
Book Chapter
Sandland, R., & Lobato de Faria, P. (2017). Patients' duties: the missing element in European healthcare law. In A. den Exeter (Ed.), European Health Law. Maklu

This chapter asks why there is such a developed notion of patients' rights, but such an underdeveloped notion of patients' duties. It also considers the advantages and disadvantages of formally stating patients' duties in legal form.

The significance of institutional culture in enhancing the validity of international criminal tribunals (2017)
Journal Article
Mistry, H. (in press). The significance of institutional culture in enhancing the validity of international criminal tribunals. International Criminal Law Review, 17, https://doi.org/10.1163/15718123-01704006

When considering the validity of international criminal tribunals, focus is typically and appropriately upon areas of substantive law and procedure and questions of prosecutorial policy. However, to the extent that it is within the capacity of judges... Read More about The significance of institutional culture in enhancing the validity of international criminal tribunals.

National survey and analysis of barriers to the utilisation of the 2005 mental capacity act by people with bipolar disorder in England and Wales (2017)
Journal Article
Morriss, R., Mudigonda, M., Bartlett, P., Chopra, A., & Jones, S. (2017). National survey and analysis of barriers to the utilisation of the 2005 mental capacity act by people with bipolar disorder in England and Wales. Journal of Mental Health, 1-8. https://doi.org/10.1080/09638237.2017.1340613

Background: The Mental Capacity Act (2005) (MCA) provides a legal framework for advance planning for both health and welfare in England and Wales for people if they lose mental capacity e.g. through mania or severe depression. Aims: To determine the... Read More about National survey and analysis of barriers to the utilisation of the 2005 mental capacity act by people with bipolar disorder in England and Wales.

Urgently awaiting implementation: The right to be free from exploitation, violence and abuse in Article 16 of the Convention on the Rights of Persons with Disabilities (CRPD) (2017)
Journal Article
Bartlett, P., & Schulze, M. (2017). Urgently awaiting implementation: The right to be free from exploitation, violence and abuse in Article 16 of the Convention on the Rights of Persons with Disabilities (CRPD). International Journal of Law and Psychiatry, 53, 2-14. https://doi.org/10.1016/j.ijlp.2017.05.007

© 2017 The Convention on the Rights of Persons with Disabilities (CRPD) enshrines the freedom from exploitation, violence and abuse, a provision, which has hitherto received little attention. Exploring the contents of Article 16, this paper seeks to... Read More about Urgently awaiting implementation: The right to be free from exploitation, violence and abuse in Article 16 of the Convention on the Rights of Persons with Disabilities (CRPD).

Lessons for children’s rights from disability rights? (2017)
Book Chapter
Sandland, R. (2017). Lessons for children’s rights from disability rights?. In E. Brems, W. Vandenhole, & E. Desmet (Eds.), Children’s rights law in the global human rights landscape: isolation, inspiration, integration?. Routledge

This chapter examines whether the field of children's rights can glean any useful insights from recent developments in the field of disability rights.