Law, rights, and society: a woman’s place. A case study into the historical injustice experienced by unmarried mothers in the Netherlands and Ireland

Abstract

This thesis examines whether the treatment of unmarried mothers in The Netherlands and Ireland in the 20th century, as an example of historical injustice, could qualify as a redressable injustice under the European legal system. Using doctrinal research, comparative historical analysis and normative analysis grounded in transitional justice theory, this thesis analyses the development of the rule of law, effective access to justice and women’s rights in the European legal framework and applies these principles to the case of unmarried mothers in both counties. The analysis shows that the rights that could have protected the women only existed on paper, while the social and political context of the 20th century meant that state-facilitated institutionalisation and forced relinquishment of children went unchallenged. Both the Dutch and Irish situations, though condoned at the time, reflect a systemic failure to extend European rule of law protections to this specific group of women. The recent responses of both governments to victims’ demands for justice have reproduced this pattern of dismissiveness. Applying transitional justice theory in its pluralistic conceptualisation demonstrates that victim-centered redress produces satisfaction, while departures from it generate continued discontent. The EU’s transitional justice policy framework, however, currently lacks recognition of non-conflict historical injustices. This thesis concludes that it is possible to qualify the case of unmarried mothers in The Netherlands and Ireland as an injustice based on a violation of their enjoyment of the rule of law as European citizens, making it possible to provide suitable redress through the European transitional justice policy, in a way that could satisfy the victims’ search for redress.