Dr Ciara Smyth

PhD, LL.M, LL.B, B.A.

Contact Details

Lecturer Above The Bar
Law
403
Tower 2
Arts/Sciences Building

T: 091 492937
E: ciara.m.smyth@nuigalway.ie
 
researcher

Biography

Dr. Ciara Smyth researches in the area of international, European and Irish refugee law and she is particularly interested in how refugee law and human rights law interact.  For the past number of years her research focus has been on the Common European Asylum System and her book, European Asylum Law and the Rights of the Child (Routledge, 2014), explores the extent to which the European regional system of refugee protection is consistent with the rights of the child.  She is currently undertaking a comparative analysis of international and regional norms concerning the immigration detention of children.  

Before joining NUI Galway, Ciara worked for a number of non-governmental and intergovernmental organisations in Ireland and abroad, including the United Nations High Commissioner for Refugees. She continues to play an active role in civil society and in the influencing of public policy.  From 2012-2015 she was a member - and variously Vice Chair and Acting Chair - of the Board of Directors of the Irish Refugee Council. In 2014 she was nominated by the Minister of Justice and Equality, Ms. Francis Fitzgerald, to the McMahon Working Group which was tasked with recommending improvements to the Irish asylum process. In 2016 she appeared before the House of Lords EU Home Affairs Sub-Committee to give expert evidence on the situation of unaccompanied minors in the EU.  She also regularly contributes to media discussions on matters relating to immigration, asylum and human rights in Ireland and the UK.
 

Ciara holds a PhD from Leiden University, the Netherlands, for which she was awarded a Max Van Der Stoel Human Rights award in 2013; an LL.M in Human Rights (with distinction) from Queen's University Belfast; and an LL.B and B.A. from NUI Galway. 
 

Ciara teaches two undergraduate courses, Public International Law and International Protection of Human Rights, and two postgraduate courses, Immigration Law and Refugee Law, the latter at the Irish Centre for Human Rights. She is also the Director of the PhD Programme in the School of Law and co-Vice Dean for Graduate Studies for the College of Business, Public Policy and Law. 

Research Interests

Ciara researches in the area of asylum, immigration and citizenship.  She is particularly interested in how asylum law and human rights law intersect.  She has spent the past number of years focusing on the EU Common European Asylum System and whether it is compatible with the rights of the child in international law.

Peer Reviewed Journals

  Year Publication
(2016) 'Chronicle of a Reform Process: the Irish Working Group on Protection'
Ciara Smyth (2016) 'Chronicle of a Reform Process: the Irish Working Group on Protection'. Journal of Refugee Studies, 29 (3):388-410 [DOI] [Details]
(2015) 'The Best Interests of the Child in the Expulsion and First-entry Jurisprudence of the European Court of Human Rights: How Principled is the Court's Use of the Principle?'
Ciara Smyth (2015) 'The Best Interests of the Child in the Expulsion and First-entry Jurisprudence of the European Court of Human Rights: How Principled is the Court's Use of the Principle?'. European Journal of Migration and Law, 17 (1):70-103 [DOI] [Details]
(2013) 'Is the Right of the Child to Liberty Safeguarded in the Common European Asylum System?'
Ciara Smyth (2013) 'Is the Right of the Child to Liberty Safeguarded in the Common European Asylum System?'. European Journal of Migration and Law, 15 (2):111-136 [DOI] [Details]
(2010) 'Why is it So Difficult to Promote a Rights-Based Approach to Immigration?'
Ciara Smyth (2010) 'Why is it So Difficult to Promote a Rights-Based Approach to Immigration?'. Irish Human Rights Law Review, 1 (1):83-110 [Details]
(2005) 'Refugee Status Determination of Separated Children: International Developments and the Irish Response, Part II - The Asylum Procedure''
Ciara Smyth (2005) 'Refugee Status Determination of Separated Children: International Developments and the Irish Response, Part II - The Asylum Procedure''. Irish Journal Of Family Law, 2 (Summer):21-28 [Details]
(2005) 'Refugee Status Determination of Separated Children: International Developments and the Irish Response, Part I - The Refugee Definition''
Ciara Smyth (2005) 'Refugee Status Determination of Separated Children: International Developments and the Irish Response, Part I - The Refugee Definition''. Irish Journal Of Family Law, 1 (January):15-22 [Details]
(1999) 'Does the Statute of the International Criminal Court Deal Adequately with the Problem of Sexual Violence in Armed Conflict? A Critique and Recommendations for the Future'
Ciara Smyth (1999) 'Does the Statute of the International Criminal Court Deal Adequately with the Problem of Sexual Violence in Armed Conflict? A Critique and Recommendations for the Future'. Occasional Paper Queen'S University Belfast, (8):1-70 [Details]

Books

  Year Publication
(2014) European Asylum Law and the Rights of the Child.
Ciara Smyth (2014) European Asylum Law and the Rights of the Child. Oxford: Routledge. [DOI] [Details]

Book Chapters

  Year Publication
(2017) 'Migration, Refugees and Children's Rights'
Ciara Smyth (2017) 'Migration, Refugees and Children's Rights' In: International Children's Rights Law. New York: Springer Publishers. [Details]
(2017) 'The Jurisprudence of the European Court of Human Rights Relevant to Child Migrants'
Ciara Smyth (2017) 'The Jurisprudence of the European Court of Human Rights Relevant to Child Migrants' In: Handbook on Migration and Childhood. Northampton MA: Edward Elgar Publishing. [Details]
(2014) 'Children, Direct Provision and the European Convention on Human Rights'
Ciara Smyth (2014) 'Children, Direct Provision and the European Convention on Human Rights' In: Ireland and the European Convention on Human Rights, 60 Years and Beyond. London: Bloomsbury. [Details]
(2012) 'The Best Interests of the Immigrant Child in the European Courts: Problems and Prospects'
Ciara Smyth (2012) 'The Best Interests of the Immigrant Child in the European Courts: Problems and Prospects' In: Het Kind in het Immigratierecht. The Hague: Publicatiereeks Instituut voor Immigratierecht. [Details]
(2006) 'The Irish Citizenship Referendum 2004: A Solution in Search of a Problem?'
Smyth, C. and O'Connell, D. (2006) 'The Irish Citizenship Referendum 2004: A Solution in Search of a Problem?' In: Migration, Diasporas and Legal Systems. London and New York: Routledge Cavendish. [Details]
(2003) 'Citizenship and the Irish Constitution'
Ciara Smyth & Donncha O'Connell (2003) 'Citizenship and the Irish Constitution' In: Sanctuary in Ireland, Perspectives on Asylum Law and Policy. Dublin, Ireland: Institute of Public Administration. [Details]

Conference Publications

  Year Publication
(2017) Measuring Up for Children: Reviewing the 'McMahon' Recommendations
Smyth, C. (2017) Children, the Protection Process and McMahon: Where Are We Now? Measuring Up for Children: Reviewing the 'McMahon' Recommendations Irish Architectural Archive, 45 Merrion Square East, Dublin 2, , 08-JUN-17 - 08-JUN-17 [Details]
(2017) Responding to the Needs of Refugee Children
Smyth, C. (2017) Children in the Protection Process: Are Their Rights Being Met? Responding to the Needs of Refugee Children University College Dublin, , 20-JUN-17 - 20-JUN-17 [Details]
(2016) Irish Society of Comparative Law Annual Conference: Dis(Locating) Comparative Law
Smyth, C. (2016) Is there a Refugee Crisis in Europe? Irish Society of Comparative Law Annual Conference: Dis(Locating) Comparative Law NUI Galway, , 23-MAY-16 - 24-MAY-16 [Details]
(2015) Conflict, Climate Change and Displacement: Workshop prefacing the 2nd Mary Robinson Centre Annual Human Rights Lecture
Smyth, C. (2015) Europe's Response to the Current Refugee 'Crisis' Conflict, Climate Change and Displacement: Workshop prefacing the 2nd Mary Robinson Centre Annual Human Rights Lecture The Mary Robinson Centre, Ballina, , 28-NOV-15 [Details]
(2015) European Union Asylum Law
Smyth, C. (2015) The Best Interests of the Child and the Common European Asylum System European Union Asylum Law Dublin, , 15-JAN-15 [Details]
(2014) Public Law: Dignity, Detention and the State
Smyth, C. (2014) Dignity and the Direct Provision System Public Law: Dignity, Detention and the State NUI Galway, , 31-OCT-14 [Details]
(2013) The European Convention on Human Rights and Ireland: 60 Years and Beyond
Smyth, C. (2013) 'Is the Treatment of Asylum-Seeking Children in Direct Provision Contrary to the ECHR?' The European Convention on Human Rights and Ireland: 60 Years and Beyond University College Dublin, , 29-JUN-13 [Details]
(2013) Public Law in Action
Smyth, C. (2013) A Role for Pro-Bono Work in Private Practice Public Law in Action Burren College of Art, , 11-OCT-13 [Details]
(2012) The Child in Immigration Law
Smyth, C. (2012) The Best Interests of the Child in the European Courts: Problems and Prospects The Child in Immigration Law Leiden University, The Netherlands, , 27-JAN-12 [Details]
(2007) New Rules for the New Irish
Smyth, C. (2007) Protection Aspects of the Immigration, Protection and Residence Bill New Rules for the New Irish Law Society of Ireland, Dublin, , 26-JAN-07 [Details]
(2005) Citizens, Non-Citizens and Voting Rights in Europe
Smyth, C. (2005) The Right to Vote and Participate in Local Elections: Citizens' Right or Human Right? Citizens, Non-Citizens and Voting Rights in Europe University of Edinburgh, Scotland, , 03-JUN-05 - 04-JUN-05 [Details]
(2005) Future Developments in Refugee Law
Smyth, C. (2005) The Future for Subsidiary Protection in Ireland Future Developments in Refugee Law Irish Centre for Human Rights, NUI Galway, , 28-MAY-05 [Details]
(2004) Parnell Summer School
Smyth, C. (2004) How the Law in Ireland Perceives Immigrants Parnell Summer School Avondale, Co. Wicklow, , 09-AUG-04 [Details]
(2004) W.G. Hart Legal Workshop: The Challenge of Migration to Legal Systems
Smyth, C. and O'Connell, D. (2004) The Irish Citizenship Referendum: Two Solutions in Search of a Problem W.G. Hart Legal Workshop: The Challenge of Migration to Legal Systems Institute of Advanced Legal Studies, London, , 29-JUN-04 - 01-JUL-04 [Details]

Published Reports

  Year Publication
(2015) Working Group to Report to Government on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers.
Working Group on Protection (2015) Working Group to Report to Government on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers. Government Publications, Dublin. [ARAN Link] [Details]
(2003) Advocacy Paper No. 3: The Citizenship Referendum, Issues, Observations and Concerns.
Ciara Smyth (2003) Advocacy Paper No. 3: The Citizenship Referendum, Issues, Observations and Concerns. National Consultative Committee on Racism and Interculturalism, Dublin, Ireland. [ARAN Link] [Details]

Other Journals

  Year Publication
(2007) 'International Perspective on the D case'
Smyth, C. (2007) 'International Perspective on the D case' The Law Society Gazette, June :20-21. [Details]

Conference Contributions

  Year Publication
(2017) 9th International Disability Summer School,
Smyth, C. (2017) International Human Rights Law: The A, B, C of Using and Interpreting a Treaty & International Human Rights Law. [Invited Oral Presentation], 9th International Disability Summer School, Centre for Disability Law and Policy, NUI Galway , 19-JUN-17 - 23-JUN-17. [Details]
(2016) Inclusive Centenaries,
Smyth, C. (2016) Conference co-organiser. [Conference Organising Committee Chairperson], Inclusive Centenaries, NUI Galway , 15-JUN-16. [Details]
(2016) Inclusive Centenaries,
Smyth, C. (2016) Chair of session: 'The Voices of Young People Living in Direct Provision'. [Track Chair ], Inclusive Centenaries, NUI Galway , 15-JUN-16. [Details]
(2016) (Dis)locating Comparative Law,
Smyth, C. (2016) Chair of workshop on 'Welfare State and Public Service'. [Workshop chair], (Dis)locating Comparative Law, NUI Galway , 24-MAY-16. [Details]
(2014) Protection of Unaccompanied Minors and Separated Children in Ireland and Europe,
Smyth, C. (2014) Oral presentation: 'How to Integrate the Best Interests of the Child into Refugee Status Determination'. [Invited Oral Presentation], Protection of Unaccompanied Minors and Separated Children in Ireland and Europe, Dublin Castle , 27-NOV-14. [Details]
(2013) In the Best Interests of Children,
Smyth, C. and Cronin, K (2013) Masterclass for asylum practitioners and judges. [Invited Oral Presentation], In the Best Interests of Children, Irish Refugee Council, Dublin , 23-MAY-13. [Details]
(2012) The Child in Immigration Law,
Smyth, C. (2012) Conference organising committee. [Conference Organising Committee Member], The Child in Immigration Law, Leiden University, the Netherlands , 27-JAN-12. [Details]
(2012) The Children's Referendum,
Smyth, C. (2012) Expert panel discussion with the Minister for Justice and Equality. [Invited Oral Presentation], The Children's Referendum, NUI Galway , 16-OCT-12. [Details]
(2012) Using European Case-Law and the Courts in Asylum Litigation,
Smyth, C. and Costello, C. (2012) Masterclass for asylum practitioners and judges. [Invited Oral Presentation], Using European Case-Law and the Courts in Asylum Litigation, Irish Refugee Council, Dublin , 16-NOV-12. [Details]
(2007) North-South Roundtable Discussion on Immigration,
Smyth, C. (2007) Oral presentation: 'Overview of EU and Irish Legislation and Policy on Immigration'. [Invited Oral Presentation], North-South Roundtable Discussion on Immigration, Dundalk , 18-MAY-07. [Details]
(2005) Future Developments in Refugee Law,
Smyth, C. (2005) Conference organising committee. [Conference Organising Committee Member], Future Developments in Refugee Law, NUI Galway , 28-MAY-05. [Details]

Book Review

  Year Publication
(2016) The EU Charter of Fundamental Rights, A Commentary.
Ciara Smyth (2016) The EU Charter of Fundamental Rights, A Commentary. Book Review [ARAN Link] [Details]

Report

  Year Publication
(2008) National Report (Ireland) on the Domestic Implementation of EC Immigration and Asylum Directives: Directive on Family Reunification, Directive on Victims of Trafficking, Directive on Mutual Recognition of Expulsion Decisions, Odysseus Network (for the European Commission).
Ciara Smyth (2008) National Report (Ireland) on the Domestic Implementation of EC Immigration and Asylum Directives: Directive on Family Reunification, Directive on Victims of Trafficking, Directive on Mutual Recognition of Expulsion Decisions, Odysseus Network (for the European Commission). Report [Details]

Teaching Interests

Public International Law with a particular focus on international and European refugee law, human rights law and immigration law.