By ratifying the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2018, Ireland has undertaken inter alia the obligation to implement ‘an inclusive education system at all levels and lifelong learning’, as required by Article 24. However, concerns have been repeatedly expressed about the practice of inclusive education in Ireland in terms of admission policies, funding, school choice and reduced timetabling. This paper investigates whether, and to what extent, the current approach to special educational needs (SEN) in Ireland complies with the aim of ensuring an inclusive educational system in which children with disabilities are valued and empowered. Ireland is an interesting case-study due to its history of marginalisation of children with disabilities and its relatively recent engagement with the concept of inclusive education. By using a socio-legal approach, drawing on qualitative interviews with key stakeholders in education combined with a legal analysis of relevant primary and secondary sources, it examines the current practices relating to the education of children with disabilities in Ireland.

Since the 1990s, human trafficking has become the battleground for competing discourses on human rights and penality. While rights solutions are generally presented as in opposition to crime-control measures, in the context of anti-trafficking interventions, rights-based initiatives and criminal governance are often linked together both discursively and in practice. Drawing on the findings of Discourse Analysis of 120 texts about trafficking, this paper explores how dominant discourses and alternative voices construct the relationship between human rights and penality. It is contended that penality is framed as a crucial tenet of human rights. Dominant discourses (the ‘law enforcement’ and the ‘victims first’ discourses) link human rights to state coercive action, seen as a necessary component of their effectiveness. Alternative voices (the ‘incompatibility’ and the ‘transformative justice’ discourses) reject the appropriateness of penal intervention, but they end up preserving what they denounce.

We deploy a novel and radical approach to vulnerability theory to investigate Scotland's response to asylum seekers’ vulnerability during the COVID-19 pandemic and test Scotland's self-affirmation as a hospitable country. Our ethical vulnerability analysis enhances Fineman's vulnerability analysis by denationalising the vulnerable subject and locating her within our ‘uneven globalised world’. We further enrich this fuller version of vulnerability analysis with insights from Levinas's and Derrida's radical vulnerability theory and ethics of hospitality. We demonstrate how our ethical vulnerability analysis enables us to subvert the hostile premise of migration laws and policies, and thus fundamentally redefine relationships between guests and hosts so that the host is compelled to respond to the Other's vulnerability. We argue that this hospitable impulse yields a generous and absolute commitment to progressive social welfare provision for asylum seekers, which brings Scotland closer to fulfilling its aspirations to be a hospitable host by welcoming the Other.

We address a curious omission from both the literature on the law of charity and socio-legal studies – the effect of apparently extraneous factors, such as politics and ideology, as well as the searching for money on the charitable purposes and identities of the public who are to benefit from the charity. This is a curious omission because even the law accepts that the idea of public benefit in charity law is a sociological concept, albeit one that has developed a technical meaning. We argue that approaching charitable purposes and public benefit as sociological concepts enables us to appreciate the tensions that those external factors produce as they re-shape those purposes and refashion the public who are to benefit. We refer to these factors under the rubric of the shaping effects of money. We use a case-study of the Canal and River Trust (CRT) to develop this argument. The trust was set up by the government as a charity to manage and control 2,000 miles of inland waterways in England and Wales. We draw on interviews with households who live on boats and ‘continuously cruise’ those boats on the canals to illustrate how their interests have been marginalised as the CRT has re-shaped itself as a well-being charity.

Contemporary asylum laws challenge the narratives of migrants and legal professional teams. Struggles arise in requirements to tell the right story defined by legal norms while storytelling in everyday life relies on sociocultural norms. Professionals working with socially and legally vulnerable populations, as in education and asylum cases, can bridge that gap if we understand narrating as a relational process with credibility and coherence developing over time in terms of the clients’ experience and institutional expectations. This paper presents dynamic storytelling methodology to guide such a process, applied successfully with a Roma community seeking inclusion in public education and used to interpret two unsuccessful asylum cases. Drawing on those examples, we conclude by proposing a socio-legal framework for collaborative lawyering in research on clinical legal training. The goal is a narrative process based on legal actors’ awareness that truth acquisition is a human sense-making process framed by human rights norms.

Drawing on a qualitative study of Hong Kong's Women's Commission (‘WoC’), this article examines how institutional mechanisms for the advancement of women function in a hybrid regime that includes both democratic and authoritarian elements. Hong Kong has a rights-based legal framework and equality agencies that support the operation of equality laws and policies. Paradoxically, Hong Kong's political system is non-democratic, and Beijing's Central People's Government is exerting more direct control on the territory. Grounded in qualitative interviews conducted with WoC members, non-governmental organisations, and scholars in Hong Kong, this article concludes that the WoC's full institutional potential in drawing attention to gender inequalities has not been realised. The implementation of authoritarian governance practices also has implications for the WoC's composition and agenda and may inhibit the development of progressive gender equality strategies to advance the status of women.

Disability segregated employment (also referred to as ‘sheltered workshops’) violates disabled people's human right to work and employment. This article argues that modern slavery law might serve as one part of a broader strategy to end disability segregated employment, ensure accountability for the injustices within them and ensure equal access to open employment opportunities for disabled people. This is on the basis that disability segregated employment can be understood as a form of labour exploitation under modern slavery law – specifically forced labour and servitude. Modern slavery law is a useful legal tool to unseat deeply entrenched ableist attitudes of disability segregated employment as beneficial and necessary and build corporate/charity, public and government momentum towards the transition away from disability segregated employment, even if this particular area of law cannot itself legally compel the closure of sheltered workshops and an increase in open employment opportunities for disabled people.

That international law progressively recognises and prohibits emergent forms of torture and related ill-treatment has become widely accepted in the anti-torture discourse. The premise that torture's techniques and contexts change is taken to shape juridical recognition, representation and response. Authoritative international treaties, such as the UN Convention Against Torture, the European Convention on Human Rights and the Inter-American Convention to Prevent and Punish Torture, are therefore deemed ‘living instruments’ – influenced by social and scientific change as channelled through the doctrine of dynamic interpretation. This article argues, however, that these premises are not sufficiently empirically grounded and, far from faithfully reflecting social and scientific changes, invoke critiques around the ideological and epistemological registers of advocates and adjudicators. Taking scholarship on dynamic interpretation and forms of state violence which do not leave overt physical marks as paradigmatic entry points, this article problematises torture's juridical conceptualisation and contextualisation through a critical theoretical lens.

This article presents a cross-disciplinary approach to the study of constitutions: ‘constitutional institutionalism’. Conventional approaches in law, philosophy or political science tend to reduce constitutions either to their formal, factual or ideal aspects. The constitutional-institutionalist approach, by contrast, seeks to integrate these aspects into a more general perspective by focusing on the dynamic interplay between constitutional actors and constitutional norms. It understands constitutional norms as binding institutions that shape and constrain political action, but never fully determine it. Constitutional institutionalism furthermore asserts that constitutional norms, whatever form they take, only have meaning in relation to other constitutional norms as well as to constitutional actors, who impose meaning on these norms. Therefore, constitutional phenomena ultimately require interpretive explanations. This article concludes with a brief constitutional-institutionalist research agenda.