Eilionóir Flynn
Biographic Data
| ID | 3949691 |
|---|---|
| NAME | Eilionóir Flynn |
| GIVEN NAMES | Eilionóir |
| FAMILY NAME | Flynn |
| SIGNATURE | FLYNN E |
| AFFILIATIONS | Ollscoil na Gaillimhe – University of Galway |
| ORCID | 0000-0002-2157-3655 |
| VERIFIED | Yes |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 60 |
| AUTHOR COUNT | 15 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2010 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 6 |
The Relationship between Ageism and Well-Being as Mediated through Covid-19-Related Experiences and Discourses
Both COVID-19 and ageism can have a negative impact on the well-being of older people. Yet, our knowledge on the links between COVID-19, ageism and well-being is still emerging. The present study aimed to contribute to this knowledge by exploring the lived experiences of older adults during the COVID-19 pandemic. To do so, we analyzed older persons' subjective experiences and perceptions of ageism arising from COVID-19-related policies and discou…
Law, language and personhood: Disrupting definitions of legal capacity
The negotiation of the United Nations Convention on the Rights of Persons with Disabilities and in particular Article 12 on Equal Recognition Before the Law, has given rise to new understandings, descriptions and definitions of legal personhood. Emerging international jurisprudence has focused on the point at which restrictions on the exercise of legal capacity amount to a violation of an individual’s legal personhood. With this new thinking come…
Lived experience influencing law reform: Insights From a Collaborative Research Project
This article will explore the methodologies employed in a collaborative research project on lived experience of exercise or denial of legal capacity, known as the Voices of Individuals: Collectively Exploring Self-determination (VOICES) project. In so doing, the project's research team will reflect on key decisions about the project's background, design, implementation (including the recruitment and selection of participants, workshops and editin…
Introducing a Human Rights-based Disability Research Methodology
Research has the potential to be a powerful tool for the realisation of the rights of disabled people. However, antiquated research practices continue to marginalise disabled people by excluding them from research; inadequately remunerating them for participation in research; undertaking research that assumes difference; and not including their voice in the leadership design or implementation of research. This article builds on emancipatory, part…
Data and human rights for persons with disabilities: The case of deprivation of liberty
The purpose of this article is to analyse the available evidence on deprivation of liberty based on disability in 15 countries from the five regions of the world. We analysed international and regional human rights legislation and collected legal and statistical information on this topic in each of the countries. Using this information, we study how countries are collecting and analysing data, and how the analysis of the fulfilment of human right…
State intervention in the lives of people with disabilities: The case for a disability-neutral framework
People with disabilities continue to experience a disproportionately high level of state intervention in their private lives. Many disabled people's organisations have long sought to challenge this discriminatory approach and, in recent times, have relied upon the provisions of the UN Convention on the Rights of Persons with Disabilities in support of their claims. In this paper, we argue for the abolition of disability-specific legal bases for s…
Recognising legal capacity: Commentary and analysis of Article 12 CRPD
This paper aims to summarise the current understanding and literature around Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). It provides a brief history of the key terms associated with the right to equal recognition before the law and encompasses both academic writing in this area and General Comment No. 1 from the Committee on the Rights of Persons with Disabilities. The content is intended to provide readers of …
Freedom to negotiate: A proposal extricating ‘capacity’ from ‘consent’
In this paper, we seek to radically reframe the legal construct of consent from a disability perspective. Drawing on feminist scholarship and human rights standards around ‘free and informed consent’, we apply a concept of freedom to negotiate to laws regulating both consent to sex and medical treatment – key areas in which the legal agency of people with disabilities (especially people with cognitive disabilities) is routinely denied, restricted…
The right to legal agency: Domination, disability and the protections of Article 12 of the Convention on the Rights of Persons with Disabilities
Article 12 of the Convention on the Rights of Persons with Disabilities has created a revolution in legal-capacity law reform. It protects the right to exercise legal agency for people with disabilities with more clarity than any prior human rights instrument. This paper explores what constitutes an exercise of legal agency and what exactly Article 12 protects. It proposes a definition of legal agency and applies it to the lived experience of cog…
The General Comment on Article 12 of the Convention on the Rights of Persons with Disabilities: A roadmap for equality before the law
This article examines General Comment No. 1 on the right to equal recognition before the law adopted by the United Nations Committee on the Rights of Persons with Disabilities (CRPD Committee). This general comment deals with the contentious right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. There has been much debate about how to secure the right to legal capacity of persons with di…
Legislating Consent: Creating an Empowering Definition of Consent to Sex That Is Inclusive of People With Cognitive Disabilities
In this article, we draw on our experiences of law reform in Ireland to explore how to create a definition of consent to sex that is inclusive of people with cognitive disabilities. Using critical disability studies and feminist theory, we set out the context in which capacity to consent to sex law is currently operating. We critique the law on the basis that it holds people with cognitive disabilities to a different standard of sexual decision-m…
Legislating personhood: Realising the right to support in exercising legal capacity
This paper examines the regulation of ‘personhood’ through the granting or denying of legal capacity. It explores the development of the concept of personhood through the lens of moral and political philosophy. It highlights the problem of upholding cognition as a prerequisite for personhood or the granting of legal capacity because it results in the exclusion of people with cognitive disabilities (intellectual, psycho-social, mental disabilities…
Making human rights meaningful for people with disabilities: Advocacy, access to justice and equality before the law
In recent years there has been increasing recognition of the need for proactive measures, beyond anti-discrimination legislation, to ensure the substantive equality of people with disabilities. A state-operated advocacy system is one such measure, since it acts as a mechanism for enforcing rights and can also support people with disabilities in exercising their legal capacity. This article will argue that a right to an independent state-appointed…
Transatlantic Borrowings: The Past and Future of EU Non-Discrimination Law and Policy on the Ground of Disability
This Paper explores the interrelationship between U.S. and EU disability discrimination law in terms of founding principles, implementation and practice. It addresses the evolution of a "civil rights" model (broadly based on a social construct of disability) which underpins discrimination law in the United States, and its subsequent adaptation in the EU context to fit with a broader European social model. This Paper also examines the role of the …
A socio-legal analysis of advocacy for people with disabilities – competing concepts of ‘best interests’ and empowerment in legislation and policy on statutory advocacy services
The purpose of this article is to examine a number of sociological principles underlying various models of advocacy, in order to determine any guidelines which could be used to resolve the tension between concepts of ‘best interests’ and empowerment in legislative and policy frameworks for advocacy services. Ireland has recently enacted the Citizens Information Act, which recognises the right to a personal advocate for certain people with disabil…
The General Comment on Article 12 of the Convention on the Rights of Persons with Disabilities: A roadmap for equality before the law
This article examines General Comment No. 1 on the right to equal recognition before the law adopted by the United Nations Committee on the Rights of Persons with Disabilities (CRPD Committee). This general comment deals with the contentious right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. There has been much debate about how to secure the right to legal capacity of persons with di…
Recognising legal capacity: Commentary and analysis of Article 12 CRPD
This paper aims to summarise the current understanding and literature around Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). It provides a brief history of the key terms associated with the right to equal recognition before the law and encompasses both academic writing in this area and General Comment No. 1 from the Committee on the Rights of Persons with Disabilities. The content is intended to provide readers of …
The right to legal agency: Domination, disability and the protections of Article 12 of the Convention on the Rights of Persons with Disabilities
Article 12 of the Convention on the Rights of Persons with Disabilities has created a revolution in legal-capacity law reform. It protects the right to exercise legal agency for people with disabilities with more clarity than any prior human rights instrument. This paper explores what constitutes an exercise of legal agency and what exactly Article 12 protects. It proposes a definition of legal agency and applies it to the lived experience of cog…
Legislating personhood: Realising the right to support in exercising legal capacity
This paper examines the regulation of ‘personhood’ through the granting or denying of legal capacity. It explores the development of the concept of personhood through the lens of moral and political philosophy. It highlights the problem of upholding cognition as a prerequisite for personhood or the granting of legal capacity because it results in the exclusion of people with cognitive disabilities (intellectual, psycho-social, mental disabilities…
Introducing a Human Rights-based Disability Research Methodology
Research has the potential to be a powerful tool for the realisation of the rights of disabled people. However, antiquated research practices continue to marginalise disabled people by excluding them from research; inadequately remunerating them for participation in research; undertaking research that assumes difference; and not including their voice in the leadership design or implementation of research. This article builds on emancipatory, part…
Freedom to negotiate: A proposal extricating ‘capacity’ from ‘consent’
In this paper, we seek to radically reframe the legal construct of consent from a disability perspective. Drawing on feminist scholarship and human rights standards around ‘free and informed consent’, we apply a concept of freedom to negotiate to laws regulating both consent to sex and medical treatment – key areas in which the legal agency of people with disabilities (especially people with cognitive disabilities) is routinely denied, restricted…
Legislating Consent: Creating an Empowering Definition of Consent to Sex That Is Inclusive of People With Cognitive Disabilities
In this article, we draw on our experiences of law reform in Ireland to explore how to create a definition of consent to sex that is inclusive of people with cognitive disabilities. Using critical disability studies and feminist theory, we set out the context in which capacity to consent to sex law is currently operating. We critique the law on the basis that it holds people with cognitive disabilities to a different standard of sexual decision-m…
State intervention in the lives of people with disabilities: The case for a disability-neutral framework
People with disabilities continue to experience a disproportionately high level of state intervention in their private lives. Many disabled people's organisations have long sought to challenge this discriminatory approach and, in recent times, have relied upon the provisions of the UN Convention on the Rights of Persons with Disabilities in support of their claims. In this paper, we argue for the abolition of disability-specific legal bases for s…
Transatlantic Borrowings: The Past and Future of EU Non-Discrimination Law and Policy on the Ground of Disability
This Paper explores the interrelationship between U.S. and EU disability discrimination law in terms of founding principles, implementation and practice. It addresses the evolution of a "civil rights" model (broadly based on a social construct of disability) which underpins discrimination law in the United States, and its subsequent adaptation in the EU context to fit with a broader European social model. This Paper also examines the role of the …
A socio-legal analysis of advocacy for people with disabilities – competing concepts of ‘best interests’ and empowerment in legislation and policy on statutory advocacy services
The purpose of this article is to examine a number of sociological principles underlying various models of advocacy, in order to determine any guidelines which could be used to resolve the tension between concepts of ‘best interests’ and empowerment in legislative and policy frameworks for advocacy services. Ireland has recently enacted the Citizens Information Act, which recognises the right to a personal advocate for certain people with disabil…
Making human rights meaningful for people with disabilities: Advocacy, access to justice and equality before the law
In recent years there has been increasing recognition of the need for proactive measures, beyond anti-discrimination legislation, to ensure the substantive equality of people with disabilities. A state-operated advocacy system is one such measure, since it acts as a mechanism for enforcing rights and can also support people with disabilities in exercising their legal capacity. This article will argue that a right to an independent state-appointed…
A socio-legal analysis of advocacy for people with disabilities – competing concepts of ‘best interests’ and empowerment in legislation and policy on statutory advocacy services
The purpose of this article is to examine a number of sociological principles underlying various models of advocacy, in order to determine any guidelines which could be used to resolve the tension between concepts of ‘best interests’ and empowerment in legislative and policy frameworks for advocacy services. Ireland has recently enacted the Citizens Information Act, which recognises the right to a personal advocate for certain people with disabil…
Transatlantic Borrowings: The Past and Future of EU Non-Discrimination Law and Policy on the Ground of Disability
This Paper explores the interrelationship between U.S. and EU disability discrimination law in terms of founding principles, implementation and practice. It addresses the evolution of a "civil rights" model (broadly based on a social construct of disability) which underpins discrimination law in the United States, and its subsequent adaptation in the EU context to fit with a broader European social model. This Paper also examines the role of the …
Making human rights meaningful for people with disabilities: Advocacy, access to justice and equality before the law
In recent years there has been increasing recognition of the need for proactive measures, beyond anti-discrimination legislation, to ensure the substantive equality of people with disabilities. A state-operated advocacy system is one such measure, since it acts as a mechanism for enforcing rights and can also support people with disabilities in exercising their legal capacity. This article will argue that a right to an independent state-appointed…
Legislating personhood: Realising the right to support in exercising legal capacity
This paper examines the regulation of ‘personhood’ through the granting or denying of legal capacity. It explores the development of the concept of personhood through the lens of moral and political philosophy. It highlights the problem of upholding cognition as a prerequisite for personhood or the granting of legal capacity because it results in the exclusion of people with cognitive disabilities (intellectual, psycho-social, mental disabilities…
The General Comment on Article 12 of the Convention on the Rights of Persons with Disabilities: A roadmap for equality before the law
This article examines General Comment No. 1 on the right to equal recognition before the law adopted by the United Nations Committee on the Rights of Persons with Disabilities (CRPD Committee). This general comment deals with the contentious right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. There has been much debate about how to secure the right to legal capacity of persons with di…
Legislating Consent: Creating an Empowering Definition of Consent to Sex That Is Inclusive of People With Cognitive Disabilities
In this article, we draw on our experiences of law reform in Ireland to explore how to create a definition of consent to sex that is inclusive of people with cognitive disabilities. Using critical disability studies and feminist theory, we set out the context in which capacity to consent to sex law is currently operating. We critique the law on the basis that it holds people with cognitive disabilities to a different standard of sexual decision-m…
State intervention in the lives of people with disabilities: The case for a disability-neutral framework
People with disabilities continue to experience a disproportionately high level of state intervention in their private lives. Many disabled people's organisations have long sought to challenge this discriminatory approach and, in recent times, have relied upon the provisions of the UN Convention on the Rights of Persons with Disabilities in support of their claims. In this paper, we argue for the abolition of disability-specific legal bases for s…
Recognising legal capacity: Commentary and analysis of Article 12 CRPD
This paper aims to summarise the current understanding and literature around Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). It provides a brief history of the key terms associated with the right to equal recognition before the law and encompasses both academic writing in this area and General Comment No. 1 from the Committee on the Rights of Persons with Disabilities. The content is intended to provide readers of …
Freedom to negotiate: A proposal extricating ‘capacity’ from ‘consent’
In this paper, we seek to radically reframe the legal construct of consent from a disability perspective. Drawing on feminist scholarship and human rights standards around ‘free and informed consent’, we apply a concept of freedom to negotiate to laws regulating both consent to sex and medical treatment – key areas in which the legal agency of people with disabilities (especially people with cognitive disabilities) is routinely denied, restricted…
The right to legal agency: Domination, disability and the protections of Article 12 of the Convention on the Rights of Persons with Disabilities
Article 12 of the Convention on the Rights of Persons with Disabilities has created a revolution in legal-capacity law reform. It protects the right to exercise legal agency for people with disabilities with more clarity than any prior human rights instrument. This paper explores what constitutes an exercise of legal agency and what exactly Article 12 protects. It proposes a definition of legal agency and applies it to the lived experience of cog…
Data and human rights for persons with disabilities: The case of deprivation of liberty
The purpose of this article is to analyse the available evidence on deprivation of liberty based on disability in 15 countries from the five regions of the world. We analysed international and regional human rights legislation and collected legal and statistical information on this topic in each of the countries. Using this information, we study how countries are collecting and analysing data, and how the analysis of the fulfilment of human right…
Introducing a Human Rights-based Disability Research Methodology
Research has the potential to be a powerful tool for the realisation of the rights of disabled people. However, antiquated research practices continue to marginalise disabled people by excluding them from research; inadequately remunerating them for participation in research; undertaking research that assumes difference; and not including their voice in the leadership design or implementation of research. This article builds on emancipatory, part…
The Relationship between Ageism and Well-Being as Mediated through Covid-19-Related Experiences and Discourses
Both COVID-19 and ageism can have a negative impact on the well-being of older people. Yet, our knowledge on the links between COVID-19, ageism and well-being is still emerging. The present study aimed to contribute to this knowledge by exploring the lived experiences of older adults during the COVID-19 pandemic. To do so, we analyzed older persons' subjective experiences and perceptions of ageism arising from COVID-19-related policies and discou…
Law, language and personhood: Disrupting definitions of legal capacity
The negotiation of the United Nations Convention on the Rights of Persons with Disabilities and in particular Article 12 on Equal Recognition Before the Law, has given rise to new understandings, descriptions and definitions of legal personhood. Emerging international jurisprudence has focused on the point at which restrictions on the exercise of legal capacity amount to a violation of an individual’s legal personhood. With this new thinking come…
Lived experience influencing law reform: Insights From a Collaborative Research Project
This article will explore the methodologies employed in a collaborative research project on lived experience of exercise or denial of legal capacity, known as the Voices of Individuals: Collectively Exploring Self-determination (VOICES) project. In so doing, the project's research team will reflect on key decisions about the project's background, design, implementation (including the recruitment and selection of participants, workshops and editin…
Political science (15 works) · Law (13 works) · Sociology (12 works) · Law (11 works) · Psychology (10 works) · Convention on the Rights of Persons with Disabilities (7 works) · Human rights (7 works) · Law and economics (7 works) · Disability Rights and Representation (6 works) · Healthcare Decision-Making and Restraints (6 works)