O’Keeffe v Ireland and the duty of the state to identify and prevent child abuse

Typeset version

 

TY  - JOUR
  - Conor O'Mahony and Ursula Kilkelly
  - 2014
  - September
  - Journal of Social Welfare and Family Law
  - O’Keeffe v Ireland and the duty of the state to identify and prevent child abuse
  - Published
  - ()
  - Child protection; Ireland; sexual abuse; Article 3 ECHR; Article 13 ECHR; positive obligations
  - 36
  - 3
  - 320
  - 329
  - In 1973, Louise O’Keeffe was, along with many other children at her school, repeatedly sexually abused by her school principal. While her abuser’s culpability was clear, the culpability of the Irish State for creating the conditions in which sexual abuse of children could take place unchecked became the subject of a protracted legal battle that culminated in the ruling of the Grand Chamber of the European Court of Human Rights in O’Keeffe v Ireland in January 2014. This article examines the background to this litigation and explores in detail the reasoning given by the Court for finding that Ireland had failed in its obligation to implement effective child protection measures in primary schools, as well as its obligation to provide an effective remedy to Louise O’Keeffe. The implications of the ruling for child protection across Council of Europe member states are also considered.
  - Abingdon, Oxfordshire, UK
  - 0964-9069
  - http://www.tandfonline.com/doi/abs/10.1080/09649069.2014.939884#.VFtZTfmsW4g
  - http://dx.doi.org/10.1080/09649069.2014.939884
DA  - 2014/09
ER  - 
@article{V263335668,
   = {Conor O'Mahony and Ursula Kilkelly},
   = {2014},
   = {September},
   = {Journal of Social Welfare and Family Law},
   = {O’Keeffe v Ireland and the duty of the state to identify and prevent child abuse},
   = {Published},
   = {()},
   = {Child protection; Ireland; sexual abuse; Article 3 ECHR; Article 13 ECHR; positive obligations},
   = {36},
   = {3},
  pages = {320--329},
   = {{In 1973, Louise O’Keeffe was, along with many other children at her school, repeatedly sexually abused by her school principal. While her abuser’s culpability was clear, the culpability of the Irish State for creating the conditions in which sexual abuse of children could take place unchecked became the subject of a protracted legal battle that culminated in the ruling of the Grand Chamber of the European Court of Human Rights in O’Keeffe v Ireland in January 2014. This article examines the background to this litigation and explores in detail the reasoning given by the Court for finding that Ireland had failed in its obligation to implement effective child protection measures in primary schools, as well as its obligation to provide an effective remedy to Louise O’Keeffe. The implications of the ruling for child protection across Council of Europe member states are also considered.}},
   = {Abingdon, Oxfordshire, UK},
  issn = {0964-9069},
   = {http://www.tandfonline.com/doi/abs/10.1080/09649069.2014.939884#.VFtZTfmsW4g},
   = {http://dx.doi.org/10.1080/09649069.2014.939884},
  source = {IRIS}
}
AUTHORSConor O'Mahony and Ursula Kilkelly
YEAR2014
MONTHSeptember
JOURNAL_CODEJournal of Social Welfare and Family Law
TITLEO’Keeffe v Ireland and the duty of the state to identify and prevent child abuse
STATUSPublished
TIMES_CITED()
SEARCH_KEYWORDChild protection; Ireland; sexual abuse; Article 3 ECHR; Article 13 ECHR; positive obligations
VOLUME36
ISSUE3
START_PAGE320
END_PAGE329
ABSTRACTIn 1973, Louise O’Keeffe was, along with many other children at her school, repeatedly sexually abused by her school principal. While her abuser’s culpability was clear, the culpability of the Irish State for creating the conditions in which sexual abuse of children could take place unchecked became the subject of a protracted legal battle that culminated in the ruling of the Grand Chamber of the European Court of Human Rights in O’Keeffe v Ireland in January 2014. This article examines the background to this litigation and explores in detail the reasoning given by the Court for finding that Ireland had failed in its obligation to implement effective child protection measures in primary schools, as well as its obligation to provide an effective remedy to Louise O’Keeffe. The implications of the ruling for child protection across Council of Europe member states are also considered.
PUBLISHER_LOCATIONAbingdon, Oxfordshire, UK
ISBN_ISSN0964-9069
EDITION
URLhttp://www.tandfonline.com/doi/abs/10.1080/09649069.2014.939884#.VFtZTfmsW4g
DOI_LINKhttp://dx.doi.org/10.1080/09649069.2014.939884
FUNDING_BODY
GRANT_DETAILS