Shivaun Quinlivan | University of Galway (original) (raw)
Books by Shivaun Quinlivan
Papers by Shivaun Quinlivan
The European Social Charter 1961 (the Charter) and the European Social Charter (Revised) 1996 (ES... more The European Social Charter 1961 (the Charter) and the European Social Charter (Revised) 1996 (ESC(R)) have arguably operated under the radar for decades. It is time for disability rights campaigners and academics to address the hidden existence of the ESC(R) and to bring it into the light. It is evident from the jurisprudence discussed in this chapter that there is ample reason to look to the ESC(R) to assist in promoting inclusive education. This chapter addresses the emerging jurisprudence on inclusive education under the ESC(R). To that end, this chapter introduces the European Social Charters: the 1961Charter and the Revised Charter of 1996, which have led a somewhat hidden existence. This relative invisibility may be the result of the uneven application of the Charters, the fact that both Charters continue in existence and the overarching complexity of the system in which they operate. The chapter addresses the right to education for children with disabilities and there are two relevant articles: Article 15 and Article 17. Because of the dual coverage of the right to education it is necessary to address how the two articles interact. This chapter also addresses the strong presumption in favour of mainstream education, and when segregated or special provision is acceptable under the ESC(R). In addition to reviewing the articles addressing the right to education, it is important to address the right to non-discrimination. Article E was introduced as an explicit article with the introduction of the ESC(R) and it had no
Social Science Research Network, Dec 8, 2015
This Article examines the duty to provide reasonable accommodation in education as provided for b... more This Article examines the duty to provide reasonable accommodation in education as provided for by the Equal Status Acts. The duty to provide reasonable accommodation is a reactive duty as such it is an individualised response to a particular situation. The duty imposes on an educational establishment the duty to accommodate a student with a disability. The duty as expressed in the ESA is weak, and arguably some of the interpretations further weaken an already weak duty.
Social Science Research Network, Jul 18, 2017
In June 2016 the HEA Report of the Expert Group stated that there was a need for “radical action”... more In June 2016 the HEA Report of the Expert Group stated that there was a need for “radical action” without which they could not guarantee that Higher Education Institutes would “ever be free of gender inequality”. This report was commissioned in the aftermath of the now high profile case of Sheehy Skeffington v. National University of Ireland Galway (DEC-E2014-078) and the controversy surrounding this decision. This article addresses the decision in Sheehy Skeffington v. NUI Galway, the fallout from that decision and the recommendations of the Gender Equality Review as regards recruitment and promotion. In particular, this article looks at that recommendation considered most radical, yet also considered necessary, namely the introduction of mandatory gender quotas. This article seeks to assess why it was deemed necessary for the Expert Review Group to recommend the introduction of mandatory quotas and to posit the question: what happens if the HEIs do not comply with that recommendation?
Note on contributors vii Foreword viii Acknowledgements ix Executive summary 1 Parti Background: ... more Note on contributors vii Foreword viii Acknowledgements ix Executive summary 1 Parti Background: The shift to a human rights framework of reference CHAPTER 1 The moral authority for change: human rights values and the worldwide process of disability reform 9 1.1 Human values-the human being as subject and not object 9 1.2 From values to rights: a system of freedom built on human values 13 1.3 The core problem: the "invisibility" of people with disabilities in the system of freedom 15 1.4 Human rights as a "visibility" project in the context of disability 17
... and also on the rights of children under the European Convention on Human ... InternationalDi... more ... and also on the rights of children under the European Convention on Human ... InternationalDisability Alliance (IDA); Mr. Stephan Tromel, Director, European Disability Forum; Mr ... de Luna (ONCE Foundation, Madrid); Mr. Eric Rosenthal (Mental Disability Rights International); Dr ...
International Journal of Discrimination and the Law, Apr 24, 2023
Ireland ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2018. Howeve... more Ireland ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2018. However, the CRPD’s provisions on inclusive education have not been widely considered in relation to Irish third level education. This article outlines the findings from two research projects that examined the experiences of students with disabilities at one Irish university. It begins by considering the scope of inclusive education in the CRPD, addressing this through the prism of two cross-cutting rights, accessibility and reasonable accommodation. It outlines the Irish legislative context, identifying significant gaps between existing legal provisions and Ireland’s CRPD obligations. It then explores the practical realisation of inclusive education at the case study university. The article argues that accessibility in the CRPD is broader than both Irish legislative requirements and the general institutional understanding. Noting that students face significant difficulties accessing effective reasonable accommodations in practice, the paper contends that this may be partly attributable to the silo-ing of institutional knowledge and the lack of a ‘whole educational environment’ approach, as well as attitudinal barriers. These impediments prevent the full and equal participation of students with disabilities in tertiary education. The paper then draws on the CRPD to offer suggestions for enhancing inclusive practice.
The Northern Ireland legal quarterly, Jan 13, 2020
Edward Elgar Publishing eBooks, Nov 17, 2020
Legal Studies, Sep 18, 2020
The UN Convention on the Rights of Persons with Disabilities is the first international human rig... more The UN Convention on the Rights of Persons with Disabilities is the first international human rights convention to state expressly that discrimination includes the failure to provide reasonable accommodation. The duty has been described as transformative but has also been critiqued for its lack of structural impact. This paper evaluates the transformative potential of the reasonable accommodation duty encompassed by the Convention, and considers how its potential can be realised. It argues that the duty is transformative because of the substantive equality it provides for individuals, and because it requires both active engagement with persons with disabilities and proactive consideration of barriers to inclusion, in multiple contexts. However, it contends that full realisation of the duty's transformative potential depends on appropriate legislative formulation. This may be a problem in dualist states where application of the Convention is not automatic and pre-existing legislation may be perceived as satisfying the obligation. The paper supports this contention with an analysis of Irish law, arguing that the full transformative potential of the reasonable accommodation duty has not yet been achieved in Ireland, and identifying the reasons for this. The paper examines the practical consequences of inadequate implementation and highlights pitfalls and best practice.
Policy Press eBooks, Apr 29, 2020
This chapter assesses the role of the UN Convention on the Rights of People with Disabilities (CR... more This chapter assesses the role of the UN Convention on the Rights of People with Disabilities (CRPD) in driving law and policy reform globally relating to the rights of people with disabilities. By ratifying the CRPD states promise to adopt proactive equality norms and provide positive supports for persons with disabilities. They are also required to involve people with disabilities in the enforcement and implementation of the CRPD. It is thus a valuable tool for those advocating for the realisation of the rights of persons with disabilities that they be treated on an equal basis with others and fully included in society. The potential of the CRPD as a tool for social policy reforms is illustrated with reference to its use to impact EU policy to accelerate the de-institutionalisation and de-segregation of persons with disabilities across the EU.
The Northern Ireland legal quarterly, Jul 1, 2021
By ratifying the United Nations Convention on the Rights of Persons with Disabilities (CRPD), Ire... more By ratifying the United Nations Convention on the Rights of Persons with Disabilities (CRPD), Ireland has committed to implementing the principle of reasonable accommodation in multiple contexts. To date, however, it has failed to expand existing legislative measures. This article analyses the potential of the Irish Constitution to encompass a reasonable accommodation duty and meet Ireland’s CRPD obligations. It examines the constitutional model of equality, as well as judicial conceptualisations of disability, and argues that the Constitution is capable of accommodating a more robust legislative standard for reasonable accommodation than often thought, which is compatible with the CRPD. It also contends that recent decisions offer potential for the development of a constitutional reasonable accommodation duty. However, these apparent gains are fragile and the current constitutional capacity to accommodate CRPD requirements is undermined by continuing judicial contestation. The Constitution should therefore be amended so that Ireland can meet its international human rights obligations.
ERA Forum, Feb 7, 2012
The European Union for the first time ratified an international human rights treaty: The United N... more The European Union for the first time ratified an international human rights treaty: The United Nations Convention on the Rights of Persons with Disabilities. Such ratification will undoubtedly impact on EU law, and importantly on the position of people with disabilities in Europe and further afield. The Convention has been described as embodying the 'paradigm shift', being revolutionary and ground breaking. This paper will assess the content of the Convention, addressing the innovative general principles, the means of implementation as well the substantive rights contained in the Convention.
International Journal of Discrimination and the Law
Ireland ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2018. Howeve... more Ireland ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2018. However, the CRPD’s provisions on inclusive education have not been widely considered in relation to Irish third level education. This article outlines the findings from two research projects that examined the experiences of students with disabilities at one Irish university. It begins by considering the scope of inclusive education in the CRPD, addressing this through the prism of two cross-cutting rights, accessibility and reasonable accommodation. It outlines the Irish legislative context, identifying significant gaps between existing legal provisions and Ireland’s CRPD obligations. It then explores the practical realisation of inclusive education at the case study university. The article argues that accessibility in the CRPD is broader than both Irish legislative requirements and the general institutional understanding. Noting that students face significant difficulties accessing effective...
Symbols of United Nations document are composed of capital letters combined with figures. Mention... more Symbols of United Nations document are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. The views expressed in this publication are those of the authors and do not necessarily reflect the views of the Office of the United Nations High Commissioner on Human Rights. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the United Nations Secretariat concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Nor does the term "national institution" in any way imply conformity with the "Principles relating to the status of national institutions" (General Assembly resolution 48/134 of 20 December 1993, annex).
Abstract: This Article examines the duty to provide reasonable accommodation in education as prov... more Abstract: This Article examines the duty to provide reasonable accommodation in education as provided for by the Equal Status Acts. The duty to provide reasonable accommodation is a reactive duty as such it is an individualised response to a particular situation. The duty imposes on an educational establishment the duty to accommodate a student with a disability. The duty as expressed in the ESA is weak, and arguably some of the interpretations further weaken an already weak duty.peer-reviewe
This paper will examine the definition of disability in anti-discrimination employment law in Eur... more This paper will examine the definition of disability in anti-discrimination employment law in Europe. This paper reviews some of the approaches to defining disability both within the European Union and by the European Union. The underlying theme of this paper is to assess what if any impact the European Union’s ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) will have on those definitions. The CRPD is a significant development for persons with disabilities, described by some commentators as “ground breaking.”2 It is ground breaking for a number of reasons, but most significantly for ensuring that it embodies the social model of disability.3 The main focus of this paper is to assess whether the various definitions of disability perpetuate the medical/individual model of disability or support the social model of disability and to determine the most appropriate approach to the definition within the EU.Peer reviewe
The European Social Charter 1961 (the Charter) and the European Social Charter (Revised) 1996 (ES... more The European Social Charter 1961 (the Charter) and the European Social Charter (Revised) 1996 (ESC(R)) have arguably operated under the radar for decades. It is time for disability rights campaigners and academics to address the hidden existence of the ESC(R) and to bring it into the light. It is evident from the jurisprudence discussed in this chapter that there is ample reason to look to the ESC(R) to assist in promoting inclusive education. This chapter addresses the emerging jurisprudence on inclusive education under the ESC(R). To that end, this chapter introduces the European Social Charters: the 1961Charter and the Revised Charter of 1996, which have led a somewhat hidden existence. This relative invisibility may be the result of the uneven application of the Charters, the fact that both Charters continue in existence and the overarching complexity of the system in which they operate. The chapter addresses the right to education for children with disabilities and there are two relevant articles: Article 15 and Article 17. Because of the dual coverage of the right to education it is necessary to address how the two articles interact. This chapter also addresses the strong presumption in favour of mainstream education, and when segregated or special provision is acceptable under the ESC(R). In addition to reviewing the articles addressing the right to education, it is important to address the right to non-discrimination. Article E was introduced as an explicit article with the introduction of the ESC(R) and it had no
Social Science Research Network, Dec 8, 2015
This Article examines the duty to provide reasonable accommodation in education as provided for b... more This Article examines the duty to provide reasonable accommodation in education as provided for by the Equal Status Acts. The duty to provide reasonable accommodation is a reactive duty as such it is an individualised response to a particular situation. The duty imposes on an educational establishment the duty to accommodate a student with a disability. The duty as expressed in the ESA is weak, and arguably some of the interpretations further weaken an already weak duty.
Social Science Research Network, Jul 18, 2017
In June 2016 the HEA Report of the Expert Group stated that there was a need for “radical action”... more In June 2016 the HEA Report of the Expert Group stated that there was a need for “radical action” without which they could not guarantee that Higher Education Institutes would “ever be free of gender inequality”. This report was commissioned in the aftermath of the now high profile case of Sheehy Skeffington v. National University of Ireland Galway (DEC-E2014-078) and the controversy surrounding this decision. This article addresses the decision in Sheehy Skeffington v. NUI Galway, the fallout from that decision and the recommendations of the Gender Equality Review as regards recruitment and promotion. In particular, this article looks at that recommendation considered most radical, yet also considered necessary, namely the introduction of mandatory gender quotas. This article seeks to assess why it was deemed necessary for the Expert Review Group to recommend the introduction of mandatory quotas and to posit the question: what happens if the HEIs do not comply with that recommendation?
Note on contributors vii Foreword viii Acknowledgements ix Executive summary 1 Parti Background: ... more Note on contributors vii Foreword viii Acknowledgements ix Executive summary 1 Parti Background: The shift to a human rights framework of reference CHAPTER 1 The moral authority for change: human rights values and the worldwide process of disability reform 9 1.1 Human values-the human being as subject and not object 9 1.2 From values to rights: a system of freedom built on human values 13 1.3 The core problem: the "invisibility" of people with disabilities in the system of freedom 15 1.4 Human rights as a "visibility" project in the context of disability 17
... and also on the rights of children under the European Convention on Human ... InternationalDi... more ... and also on the rights of children under the European Convention on Human ... InternationalDisability Alliance (IDA); Mr. Stephan Tromel, Director, European Disability Forum; Mr ... de Luna (ONCE Foundation, Madrid); Mr. Eric Rosenthal (Mental Disability Rights International); Dr ...
International Journal of Discrimination and the Law, Apr 24, 2023
Ireland ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2018. Howeve... more Ireland ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2018. However, the CRPD’s provisions on inclusive education have not been widely considered in relation to Irish third level education. This article outlines the findings from two research projects that examined the experiences of students with disabilities at one Irish university. It begins by considering the scope of inclusive education in the CRPD, addressing this through the prism of two cross-cutting rights, accessibility and reasonable accommodation. It outlines the Irish legislative context, identifying significant gaps between existing legal provisions and Ireland’s CRPD obligations. It then explores the practical realisation of inclusive education at the case study university. The article argues that accessibility in the CRPD is broader than both Irish legislative requirements and the general institutional understanding. Noting that students face significant difficulties accessing effective reasonable accommodations in practice, the paper contends that this may be partly attributable to the silo-ing of institutional knowledge and the lack of a ‘whole educational environment’ approach, as well as attitudinal barriers. These impediments prevent the full and equal participation of students with disabilities in tertiary education. The paper then draws on the CRPD to offer suggestions for enhancing inclusive practice.
The Northern Ireland legal quarterly, Jan 13, 2020
Edward Elgar Publishing eBooks, Nov 17, 2020
Legal Studies, Sep 18, 2020
The UN Convention on the Rights of Persons with Disabilities is the first international human rig... more The UN Convention on the Rights of Persons with Disabilities is the first international human rights convention to state expressly that discrimination includes the failure to provide reasonable accommodation. The duty has been described as transformative but has also been critiqued for its lack of structural impact. This paper evaluates the transformative potential of the reasonable accommodation duty encompassed by the Convention, and considers how its potential can be realised. It argues that the duty is transformative because of the substantive equality it provides for individuals, and because it requires both active engagement with persons with disabilities and proactive consideration of barriers to inclusion, in multiple contexts. However, it contends that full realisation of the duty's transformative potential depends on appropriate legislative formulation. This may be a problem in dualist states where application of the Convention is not automatic and pre-existing legislation may be perceived as satisfying the obligation. The paper supports this contention with an analysis of Irish law, arguing that the full transformative potential of the reasonable accommodation duty has not yet been achieved in Ireland, and identifying the reasons for this. The paper examines the practical consequences of inadequate implementation and highlights pitfalls and best practice.
Policy Press eBooks, Apr 29, 2020
This chapter assesses the role of the UN Convention on the Rights of People with Disabilities (CR... more This chapter assesses the role of the UN Convention on the Rights of People with Disabilities (CRPD) in driving law and policy reform globally relating to the rights of people with disabilities. By ratifying the CRPD states promise to adopt proactive equality norms and provide positive supports for persons with disabilities. They are also required to involve people with disabilities in the enforcement and implementation of the CRPD. It is thus a valuable tool for those advocating for the realisation of the rights of persons with disabilities that they be treated on an equal basis with others and fully included in society. The potential of the CRPD as a tool for social policy reforms is illustrated with reference to its use to impact EU policy to accelerate the de-institutionalisation and de-segregation of persons with disabilities across the EU.
The Northern Ireland legal quarterly, Jul 1, 2021
By ratifying the United Nations Convention on the Rights of Persons with Disabilities (CRPD), Ire... more By ratifying the United Nations Convention on the Rights of Persons with Disabilities (CRPD), Ireland has committed to implementing the principle of reasonable accommodation in multiple contexts. To date, however, it has failed to expand existing legislative measures. This article analyses the potential of the Irish Constitution to encompass a reasonable accommodation duty and meet Ireland’s CRPD obligations. It examines the constitutional model of equality, as well as judicial conceptualisations of disability, and argues that the Constitution is capable of accommodating a more robust legislative standard for reasonable accommodation than often thought, which is compatible with the CRPD. It also contends that recent decisions offer potential for the development of a constitutional reasonable accommodation duty. However, these apparent gains are fragile and the current constitutional capacity to accommodate CRPD requirements is undermined by continuing judicial contestation. The Constitution should therefore be amended so that Ireland can meet its international human rights obligations.
ERA Forum, Feb 7, 2012
The European Union for the first time ratified an international human rights treaty: The United N... more The European Union for the first time ratified an international human rights treaty: The United Nations Convention on the Rights of Persons with Disabilities. Such ratification will undoubtedly impact on EU law, and importantly on the position of people with disabilities in Europe and further afield. The Convention has been described as embodying the 'paradigm shift', being revolutionary and ground breaking. This paper will assess the content of the Convention, addressing the innovative general principles, the means of implementation as well the substantive rights contained in the Convention.
International Journal of Discrimination and the Law
Ireland ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2018. Howeve... more Ireland ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2018. However, the CRPD’s provisions on inclusive education have not been widely considered in relation to Irish third level education. This article outlines the findings from two research projects that examined the experiences of students with disabilities at one Irish university. It begins by considering the scope of inclusive education in the CRPD, addressing this through the prism of two cross-cutting rights, accessibility and reasonable accommodation. It outlines the Irish legislative context, identifying significant gaps between existing legal provisions and Ireland’s CRPD obligations. It then explores the practical realisation of inclusive education at the case study university. The article argues that accessibility in the CRPD is broader than both Irish legislative requirements and the general institutional understanding. Noting that students face significant difficulties accessing effective...
Symbols of United Nations document are composed of capital letters combined with figures. Mention... more Symbols of United Nations document are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. The views expressed in this publication are those of the authors and do not necessarily reflect the views of the Office of the United Nations High Commissioner on Human Rights. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the United Nations Secretariat concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Nor does the term "national institution" in any way imply conformity with the "Principles relating to the status of national institutions" (General Assembly resolution 48/134 of 20 December 1993, annex).
Abstract: This Article examines the duty to provide reasonable accommodation in education as prov... more Abstract: This Article examines the duty to provide reasonable accommodation in education as provided for by the Equal Status Acts. The duty to provide reasonable accommodation is a reactive duty as such it is an individualised response to a particular situation. The duty imposes on an educational establishment the duty to accommodate a student with a disability. The duty as expressed in the ESA is weak, and arguably some of the interpretations further weaken an already weak duty.peer-reviewe
This paper will examine the definition of disability in anti-discrimination employment law in Eur... more This paper will examine the definition of disability in anti-discrimination employment law in Europe. This paper reviews some of the approaches to defining disability both within the European Union and by the European Union. The underlying theme of this paper is to assess what if any impact the European Union’s ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) will have on those definitions. The CRPD is a significant development for persons with disabilities, described by some commentators as “ground breaking.”2 It is ground breaking for a number of reasons, but most significantly for ensuring that it embodies the social model of disability.3 The main focus of this paper is to assess whether the various definitions of disability perpetuate the medical/individual model of disability or support the social model of disability and to determine the most appropriate approach to the definition within the EU.Peer reviewe
This paper will examine the definition of disability in anti-discrimination employment law in Eur... more This paper will examine the definition of disability in anti-discrimination employment law in Europe. This paper reviews some of the approaches to defining disability both within the European Union and by the European Union. The underlying theme of this paper is to assess what if any impact the European Union’s ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) will have on those definitions. The CRPD is a significant development for persons with disabilities, described by some commentators as “ground breaking.”2 It is ground breaking for a number of reasons, but most significantly for ensuring that it embodies the social model of disability.3 The main focus of this paper is to assess whether the various definitions of disability perpetuate the medical/individual model of disability or support the social model of disability and to determine the most appropriate approach to the definition within the EU.Peer reviewe