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Research

The One Voice web site is currently under construction. It is hoped that this section will be available shortly.

We thank you for your patience.

Anyone wishing to contribute references to reseach on child sexual abuse are welcome to contact One Voice and we will be happy to promote the benefits of such research to a much wider audience.

One Voice is grateful and thanks all who help expand our knowledge to improve and establish the most robust protection to children from such destructive experiences that last a lifetime.

Yours sincerely,

One Voice Group Administrator

Court Case References - Irish Courts & ECtHR

Date	Link
20061020	L. O'K v L.H and Others [2006] IEHC 13 sets out to address the question: 'Is the State vicariously liable for sexual assault by the headmaster of a school where the assailant's salary was paid by the Department of Education and teachers therein subject to departmental inspections?"L. O'K v L.H and Others [2006] IEHC 13 - High Court
20061024	O'K v L.H and Others [2006] IEHC 393 sets out to address the question: 'Is it appropriate to award aggravated and exemplary damages in a case involving sexual abuse, where the defendant refused to participate in the trial and the nature of the wrong committed warrants such additional damages?"O'K v L.H and Others [2006] IEHC 393 - High Court
20081219	O’Keeffe v. Hickey [2008] IESC 72 [2009] 2 IR 302 sets out to address the question: 'Can a State be held vicariously liable for acts of a teacher appointed by the manager of a national school under the system of management of national schools?'O’Keeffe v. Hickey [2008] IESC 72 [2009] 2 IR 302 - Supreme Court
20140128	O'KEEFFE v. IRELAND (Application No. 35810/09) - The case concerns the responsibility of the Irish State for the sexual abuse of the applicant, aged nine, by a lay teacher, LH, in a National School in 1973. A prior complaint of sexual abuse by another pupil against the same teacher had been made to the school manager and not acted upon at the time. The Court found that the Irish State had failed to meet its obligation to protect the applicant from sexual abuse in the 1970s because it had entrusted the management of primary education to non-state actors (National Schools), without putting in place any mechanism of effective state control against the risks of such abuse. On the contrary, at the time, potential complainants had been directed away from the State authorities and towards managers of the National Schools (generally the local priests) (substantive violation of Article 3). The Court also found that none of the domestic remedies were effective as regards the applicant’s complaint about the Irish State’s failure to protect her from abuse (violation of Article 13, in conjunction with the substantive aspect of Article 3).O'KEEFFE v. IRELAND (Application No. 35810/09) - European Court of Human Rights (ECtHR)
20160601	Naughton v. Drummond and Others 2016 IEHC 290 sets out to address the question: 'Can the State of Ireland be held vicariously liable for the criminal acts of an individual in an institution that was not managed, owned, or controlled by the State under the European Convention on Human Rights Act 2003?'Naughton v. Drummond and Others 2016 IEHC 290 - High Court
20160601	Kennedy v. Murray and Others 2016 IEHC 291 sets out to address the question: 'Can the State be joined as a party and be held vicariously liable for sexual abuse perpetrated by an individual in an institution that is not owned, managed nor controlled by the State?'Kennedy v. Murray and Others 2016 IEHC 291 - High Court
20160601	Wallace v. Creevey and Others 2016 IEHC 294 sets out to address the question: 'Can the State of Ireland be held vicariously liable for the criminal acts done by an individual in an institution which was neither managed, owned nor controlled by the State?'Wallace v. Creevey and Others 2016 IEHC 294 - High Court

Date

Link

20061020

L. O'K v L.H and Others [2006] IEHC 13 sets out to address the question: 'Is the State vicariously liable for sexual assault by the headmaster of a school where the assailant's salary was paid by the Department of Education and teachers therein subject to departmental inspections?"L. O'K v L.H and Others [2006] IEHC 13 - High Court

20061024

O'K v L.H and Others [2006] IEHC 393 sets out to address the question: 'Is it appropriate to award aggravated and exemplary damages in a case involving sexual abuse, where the defendant refused to participate in the trial and the nature of the wrong committed warrants such additional damages?"O'K v L.H and Others [2006] IEHC 393 - High Court

20081219

O’Keeffe v. Hickey [2008] IESC 72 [2009] 2 IR 302 sets out to address the question: 'Can a State be held vicariously liable for acts of a teacher appointed by the manager of a national school under the system of management of national schools?'O’Keeffe v. Hickey [2008] IESC 72 [2009] 2 IR 302 - Supreme Court

20140128

O'KEEFFE v. IRELAND (Application No. 35810/09) - The case concerns the responsibility of the Irish State for the sexual abuse of the applicant, aged nine, by a lay teacher, LH, in a National School in 1973. A prior complaint of sexual abuse by another pupil against the same teacher had been made to the school manager and not acted upon at the time.

The Court found that the Irish State had failed to meet its obligation to protect the applicant from sexual abuse in the 1970s because it had entrusted the management of primary education to non-state actors (National Schools), without putting in place any mechanism of effective state control against the risks of such abuse. On the contrary, at the time, potential complainants had been directed away from the State authorities and towards managers of the National Schools (generally the local priests) (substantive violation of Article 3).

The Court also found that none of the domestic remedies were effective as regards the applicant’s complaint about the Irish State’s failure to protect her from abuse (violation of Article 13, in conjunction with the substantive aspect of Article 3).O'KEEFFE v. IRELAND (Application No. 35810/09) - European Court of Human Rights (ECtHR)

20160601

Naughton v. Drummond and Others 2016 IEHC 290 sets out to address the question: 'Can the State of Ireland be held vicariously liable for the criminal acts of an individual in an institution that was not managed, owned, or controlled by the State under the European Convention on Human Rights Act 2003?'Naughton v. Drummond and Others 2016 IEHC 290 - High Court

20160601

Kennedy v. Murray and Others 2016 IEHC 291 sets out to address the question: 'Can the State be joined as a party and be held vicariously liable for sexual abuse perpetrated by an individual in an institution that is not owned, managed nor controlled by the State?'Kennedy v. Murray and Others 2016 IEHC 291 - High Court

20160601

Wallace v. Creevey and Others 2016 IEHC 294 sets out to address the question: 'Can the State of Ireland be held vicariously liable for the criminal acts done by an individual in an institution which was neither managed, owned nor controlled by the State?'Wallace v. Creevey and Others 2016 IEHC 294 - High Court

Legal Correrspondence - Letters & Emails

Date	Link
20160720	Hayes Solicitors Letter to Minister for Education stated that 'the High Court has confirmed, in the context of claims of historic sexual abuse alleged to have occurred in schools, that there is no cause of action against the State Parties, and such claims will be struck out on that basis. That is so whether such claim is based on the European Convention on Human Rights ("or other international conventions"), negligence or vicarious liability.Hayes Solicitors Letter to Minister for Education, Attorney General and Ireland

Date

Link

20160720

Hayes Solicitors Letter to Minister for Education stated that 'the High Court has confirmed, in the context of claims of historic sexual abuse alleged to have occurred in schools, that there is no cause of action against the State Parties, and such claims will be struck out on that basis. That is so whether such claim is based on the European Convention on Human Rights ("or other international conventions"), negligence or vicarious liability.Hayes Solicitors Letter to Minister for Education, Attorney General and Ireland

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