Re-imagining Imprisonment in Europe: Common Challenges, Diverse Policies and Practice Conference

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TRINITY COLLEGE DUBLIN | SEPTEMBER 5–7, 2012 SCRIBANI CONFERENCE THE JESUIT CENTRE FOR FAITH AND JUSTICE HOSTED BY

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Trinity College Dublin, September 5-7, 2012

Transcript of Re-imagining Imprisonment in Europe: Common Challenges, Diverse Policies and Practice Conference

TRINITY COLLEGE DUBLIN | SEPTEMBER 5–7, 2012

SCRIBANI CONFERENCE

THE JESUIT CENTRE FOR FAITH AND JUSTICEHOSTED BY

Visit us atwww.jcfj.ieVisit us at

www.jcfj.ie

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Conference Secretariat

Scribani Conference 2012 Conference Coordinator Jesuit Centre for Faith and Justice 26 Upper Sherrard Street Dublin 1T: +353 1 855 6814 E: [email protected] W: www.jcfj.ie/scribani-conferenceTwitter: @JCFJustice Facebook: www.facebook.com/jcfj.ie

ContentsWelcome 1Conference Programme 2Plenary Speakers 4Parallel Sessions 8Social Programme 10Conference Organisers 11Sponsors 12

Dear Participant,Céad míle fáilte – A hundred thousand welcomes.Welcome to the Scribani International Conference, Re-imagining Imprisonment in Europe: Common Challenges, Diverse Policies and Practice, organised by the Irish Jesuit Centre for Faith and Justice. Over the next few days you will have the opportunity to hear from individuals deeply committed to positive change in how we use imprisonment. This conference provides an opportunity for participants to meet like-minded people in an environment of learning – Trinity College Dublin – to debate the key issues of today and to shape and re-imagine the future.The Jesuit Centre for Faith and Justice works to promote social justice by fostering an understanding of public issues through social analysis, theological reflection and advocacy. The Centre and its team have a particular interest in prison policy as well as actively engaging with people in prison.The rationale for the conference is to provide a forum for the analysis of some of the key features of imprisonment throughout Europe today, including the political, social and economic forces shaping prison policy and practice.By providing this space for discussion and collaboration, it is hoped that there can be a re-imagining of how prison systems in the future might evolve, in terms of prison policy, prison population size and prison conditions. That a fresh vision and set of values will emerge as the academic meets the policymaker, the philosopher meets the practitioner, the lawyer converses with the theologian, the expert meets the aspiring researcher.We trust that you leave the conference on Friday with a greater understanding, a wealth of ideas and an appetite to consider how you and your work can contribute to generating a new and better future for all our prison systems.Finally, we are very fortunate, as a small island nation, to host a pan-European conference with such a diverse range of speakers. We thank our sponsors, in particular the Scribani European Network and the Irish Jesuit Province, without which the conference would have not have been possible.Please enjoy the next few days and the Irish hospitality.With kind regards,

Welcome

John K. Guiney SJ Director Jesuit Centre for Faith and Justice

Eoin Carroll Advocacy and Social Policy Research Officer (Conference Director)

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Wednesday, 5 September 2012 Davis Theatre, Arts BuildingOpening SessionChair John Dardis SJ, President, Jesuit Conference of European Provincials5.30pm – 7.30pm Introduction John Dardis SJ Welcome on behalf of the Scribani Network Mark Rotsaert SJ What are we Doing to our People in Prison Peter McVerry SJ Video Message Mary Robinson, former UN High Commissioner for Human Rights Keynote Opening Address Juliet Lyon, Director, Prison Reform Trust

Secretary-General, Penal Reform International7.30pm – 10.00pm Wine and canapés reception National Gallery of Ireland

Thursday, 6 September 2012 Davis Theatre, Arts BuildingMorning SessionChair Ciaran McCullagh, University College Cork9.30am – 10.15am The Link Between Inequality and Prison Populations across Europe Richard Wilkinson, Co-Director, The Equality Trust10.15am – 11.00am The Societal Impact and Role of Imprisonment Dragan Petrovec, Institute of Criminology, University of Ljubljana, Slovenia11.00am – 11.15am Coffee Break

Mid-Morning SessionChair Ciaran McCullagh, University College Cork11.15am – 12.00 noon What is the Link Between Imprisonment of Young People and Re-offending Rates? Lesley McAra, School of Law, University of Edinburgh12.00 noon – 12.45pm Women and Prison: Is There a Need for a Different Approach?

Jean Corston, Member of the House of Lords12.45pm – 1.45pm Lunch

Parallel Sessions Paper Presentations (SEE PAGES 8-9)

1.45pm – 3.15pm Children in Prison Older Prisoners and Women Prisoners Imprisonment of those with Health and Social Needs European Legal and Enforcement Mechanisms

**Rooms for the parallel sessions will be allocated immediately after the mid-morning session**

3.15pm – 3.30pm Coffee Break

Wednesday, 5 September 2012 4.30pm to 5.30pm Thursday, 6 September 2012 8.45am to 9.30am

Conference ProgrammeREGISTRATION

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Thursday, 6 September 2012Late Afternoon SessionChair Michael Farrell, Free Legal Advice Centres3.30pm – 4.15pm Why have our Criminal Justice Systems Failed Us?

How do we Shape a more Effective Penal System? – An Irish Perspective Ian O’Donnell, Criminology Institute, University College Dublin4.15pm – 5.00pm What Role can Prison have in Rehabilitation and Re-integration? Shadd Maruna, School of Law, Queen’s University Belfast5.00pm – 5.15pm Close

Friday, 7 September 2012 Davis Theatre, Arts BuildingMorning SessionChair Fergus McNeill, University of Glasgow9.30am – 10.15am What Effect does Privatisation have on Staff/Prisoner Relationships? Alison Liebling, Institute of Criminology, University of Cambridge10.15am – 11.00am Reducing the Prison Population: Long-term Experiences from Finland Tapio Lappi-Seppälä, Director-General,

National Research Institute of Legal Policy, Finland11.00am – 11.30am Panel Discussion11.30am – 11.45am Coffee Break

Parallel Sessions Workshops (SEE PAGE 9)

11.45am – 12.45pm The Role of Critical Inquiry – Re-conceptualising Education in Prison Inside Out: a Play on Prison Prison Education across Europe: Policy, Practice, Politics Many Different Gifts but Always the Same Spirit

12.45pm – 1.45pm Lunch

Parallel Sessions Paper Presentations

1.45pm – 3.15pm Restorative Justice Prison Personnel Privatisation of Prisons Consequences of Imprisonment

3.15pm – 3.30pm Coffee Break

Late Afternoon SessionChair Mary Rogan, Dublin Institute of Technology3.30pm – 4.15pm What Practical Solutions can be Implemented to Reform our Prison System? Andrew Coyle, School of Law, King’s College London4.15pm – 5.00pm What Type of Sentencing is Needed to Ensure that Prison is a Last Resort? Tom O’Malley, School of Law, National University of Ireland Galway5.00pm – 5.30pm Concluding Comments

Conference Programme

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Plenary Speakers

Jean CorstonMember of the House of LordsBaroness Jean Corston was a Labour MP for Bristol East from April 1992 to 2005. Until stepping down at the 2005 General Election, she was chair of the Parliamentary Labour Party. In 2005, she was created Baroness Corston, of St George in the County and City of Bristol.Baroness Corston was commissioned by the Home Office to conduct a review of women with particular vulnerabilities in the Criminal Justice System of England and Wales. The report, published in 2007, outlines the need for “a distinct, radically different, visibly-led, strategic, proportionate, holistic, woman-centred, integrated approach”.

Andrew CoyleEmeritus Professor of Prison Studies, King’s College London Visiting Professor, University of EssexAndrew Coyle was founding Director of the International Centre for Prison Studies in King’s College London from 1997 to 2005. He is a prisons adviser to the UN High Commissioner for Human Rights, the UN Latin American Institute, the Council of Europe, including its Committee for the Prevention of Torture, the Organisation for Security and Co-operation in Europe, and several national governments. He is a member of the UK Foreign Secretary’s Expert Committee against Torture.Before coming to King’s College he worked for 25 years at a senior level in the prison services of the United Kingdom. While in the Scottish Prison Service he was Governor of Greenock Prison, Peterhead Prison and Shotts Prison. From 1991 to 1997, he was Governor of Brixton Prison in London. He was appointed a Companion of the Order of St Michael and St George in 2003 for his contribution to international penal reform. He is a Fellow of King’s College.

Tapio Lappi-SeppäläDirector-General, National Research Institute of Legal Policy, FinlandTapio Lappi-Seppälä is the Director-General of the National Research Institute of Legal Policy, Finland since 1995 and a member of the Finnish Academy of Sciences. He has a long career as a senior legislative adviser in criminal justice in the Ministry of Justice, including membership of the Criminal Law Reform Task Force in Finland (1989–1999), chairmanship of the working group preparing the general part of the criminal code (1993–1999), member of the committees preparing the reform of the prison system (1999–2001), juvenile criminal justice system (2001–2002), and the system of community sanctions 2010–2011.He has taken an active part in international co-operation in criminal justice issues in the Scandinavian Research Council for Criminology; the Council of Europe; the International Penal and Penitentiary Foundation (Vice-President, 2005–2008); and in the European Society of Criminology (board member 2009–2011). He has published several books, research reports and articles in the field of criminal law, criminology and penal policy.

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Plenary SpeakersAlison LieblingProfessor of Criminology and Criminal Justice, Institute of Criminology, University of CambridgeAlison Liebling has published several books, including Suicides in Prison (1992), Prisons and their Moral Performance: A Study of Values, Quality and Prison Life (2004) and (with Shadd Maruna) The Effects of Imprisonment (2005). She has also published widely in criminological journals. She has recently completed a repeat of a highly regarded study of staff–prisoner relationships at Whitemoor high security prison, which explored the changing nature of high security imprisonment, as well as a second edition of her book, The Prison Officer, and an edited collection on prison officers and prison culture (in the European Journal of Criminology), in which she reflects on what is distinctive about the work of prison officers, their skills and expertise.

Juliet LyonDirector, Prison Reform Trust Secretary-General, Penal Reform InternationalJuliet Lyon CBE was a member of the Reference Group for the Corston review of women with particular vulnerabilities in the criminal justice system and Lord Bradley’s review of people with mental health needs and learning disabilities in the justice system. Previously she worked in education, mental health and justice.The Prison Reform Trust is a leading independent charity working to create a just, humane and effective penal system in the UK. It produces information, conducts applied research and effects policy leverage. It provides the secretariat to the All-Party Parliamentary Penal Affairs Group.

Shadd MarunaProfessor of Justice and Human Development, School of Law, Queen’s University BelfastShadd Maruna previously taught at the State University of New York and the University of Cambridge, and he has a Ph.D. in Human Development and Social Policy from Northwestern University, Chicago. In 2001, his book, Making Good, was awarded the “Outstanding Contribution to Criminology” by the American Society of Criminology. In 2004, he was named the “Distinguished New Scholar in Corrections and Sentencing” by the American Society of Criminology. He is currently a Soros Justice Fellow and has previously been a Fulbright Scholar and a Guggenheim Fellow.

Lesley McAraChair of Penology, School of Law, University of EdinburghLesley McAra was appointed Head of School at the School of Law, University of Edinburgh in 2011. Her research interests lie in the general areas of the sociology of punishment and the sociology of law and deviance. Particular interests include: youth crime and juvenile justice; comparative criminal justice; gender, crime and criminal justice; and the impact of multi-level governance on crime control and the penal process.She is Co-Director of the Edinburgh Study of Youth Transitions and Crime, a longitudinal study of pathways into and out of offending, focusing on a cohort of around 4,300 young people.Lesley McAra is a member of the Centre for Law and Society and an associate member of the Europa Institute, both located within the Edinburgh Law School. She is also the Convenor of the Empirical Legal Research Network, a cross-university initiative aimed at facilitating partnership-working across different disciplines, pooling expertise and functioning as a resource bank for researchers at all career levels.

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Plenary Speakers

Peter McVerry SJThe Jesuit Centre for Faith and Justice A Director, Peter McVerry TrustPeter McVerry is a Jesuit priest who has spent many years working with homeless young people. In 1979, he set up a hostel for homeless boys. Four years later he established the Arrupe Society, now known as the Peter McVerry Trust, to provide accommodation and support for young people who are homeless.He is a long-term advocate of prison reform and is the author of The Meaning is in the Shadows, a collection of writings reflecting his experiences of working in Dublin’s inner city. He questions the structures that affect the lives of those on the margins and makes radical suggestions for change. His more recent book, Jesus: Social Revolutionary?, challenges churches to re-examine their priorities and says that social justice should be at the heart of all that the churches preach and do.

Ian O’DonnellProfessor of Criminology, Institute of Criminology, University College DublinIan O’Donnell joined the UCD Institute of Criminology in 2000. Previously he was Director of the Irish Penal Reform Trust (1997–2000), Research Officer at the Oxford University Centre for Criminological Research (1992–1997) and Research Assistant at the University of London (1989–1992).He has been a Fellow of Linacre College, Oxford since 1993. During his time in England, Ian O’Donnell served as a member of the Board of Visitors for Pentonville Prison and as a magistrate on the Oxford bench. He is a Chartered Forensic Psychologist and an Associate Fellow of the British Psychological Society.

Tom O’Malley Senior Lecturer in Law, National University of Ireland GalwayTom O’Malley has taught in the Law School at the National University of Ireland Galway since 1987, having previously been a Graduate Fellow at Yale Law School. He was also a Visiting Fellow at the Centre for Criminological Research at the University of Oxford for the academic year 1992–93. In recent years, his teaching has concentrated on the areas of criminal justice, administrative law and evidence.He is also a practising barrister. He has served on several law reform bodies, including a committee established to review the qualifications for appointment to the High Court and Supreme Court judiciary, and the Working Group on the Criminal Jurisdiction of the Courts (the Fennelly Committee) which reported in 2003. He is currently a member of a steering committee appointed by the Courts Service to consider the establishment of a sentencing information system. He has published books on sexual offences, criminal justice, sentencing, and sources of law, as well as many law journal articles.

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Plenary Speakers

Dragan PetrovecProfessor of Criminology, Institute of Criminology, University of Ljubljana, SloveniaAfter finishing his law studies in 1975, Dragan Petrovec worked in the Prison Administration Service of the Ministry of Justice. In 1983, he moved to the women’s prison institution of which in 1990 he became a Governor. In 1993, Dragan moved to the Institute of Criminology, Faculty of Law, University of Ljubljana, where he received a doctorate with the thesis The Aims of Punishment – a Dead End of Neo-classical Theories. His primary fields of research are philosophy of punishment, treatment ideology and practice, crime policy and victims.He has published a number of books including Kazen brez zločina (Punishment without Crime) (1998), Violence in the Media (2003) and Kult žrtve (The Cult of the Victim) (2006). His recent research projects, of which he was the only author, include: Idea and Reality of Socio-therapeutic Orientation (1999) and The Impact of Social Changes on the Implementation of Penal Sanctions (2004).

Mary RobinsonFormer United Nations High Commissioner for Human Rights Chair, Mary Robinson Foundation – Climate JusticeMary Robinson served as the seventh President of Ireland from 1990 to 1997 and as the United Nations High Commissioner for Human Rights from 1997 to 2002. She rose to prominence as an academic, barrister, campaigner and member of the Irish Senate during the years 1969 to 1989.Since 2004, she has been Professor of Practice in International Affairs at Columbia University, where she teaches international human rights. In 2004, she received the Amnesty International “Ambassador of Conscience Award” for her work in promoting human rights.

Richard WilkinsonCo-Director, The Equality TrustRichard Wilkinson has played a formative role in international research on the social determinants of health and on the societal effects of income inequality. He studied economic history at the London School of Economics before training in epidemiology.He is Professor Emeritus of Social Epidemiology at the University of Nottingham Medical School, Honorary Professor at University College London and a Visiting Professor at the University of York. With Kate Pickett, he co-wrote The Spirit Level: Why More Equal Societies Almost Always Do Better, which won the 2011 “Political Studies Association Publication of the Year Award” and the 2010 “Bristol Festival of Ideas Prize”. He is also a co-founder of The Equality Trust.

Michael TonryMcKnight Presidential Professor of Law and Public Policy Director, Robina Institute on Criminal Law and Criminal Justice, University of MinnesotaDue to unforeseen circumstances, Michael Tonry has had to withdraw from the conference and will no longer be presenting a paper.

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Parallel Sessions

PAPER PRESENTATIONS

Thursday, 6 September, 1.45pm to 3.15pmTheme: Children in PrisonChair: Geoffrey Shannon, Special Rapporteur on Child ProtectionThe Physical Restraint of Detained Children: Resisting and Reconfiguring Neoliberal Penal Power Dexter DiasEuropean Perspectives in Juvenile Imprisonment Frieder DuenkelLife Afflicted By Evil. Philosophical Reflections on Juvenile Corrections Piotr Aszyk

Theme: Older Prisoners and Women PrisonersChair: Moirin Moynihan, Criminal Defense LawyerThe Societal and Economic Costs of Female Imprisonment from Prisoners’ Point of View Rafaela GranjaOld People in Prison: German Perspectives Roberta FerrarioLong-Term Prisoners’ Views of the Purpose of their Sentence Marguerite Schinkel

Theme: Imprisonment of those with Health and Social NeedsChair: John Lonergan, Former Governor of Mountjoy PrisonPrisoner/Patient: Prisons as Mental Health Institutions Bronwyn NaylorTherapeutic Jurisprudence: The Missing Link between Criminal Law Theory and Criminal Justice Practices? Louise KennefickBarking Mad? The Role of Animals in the Criminal Justice System Joanne O’Toole Byrne

Theme: European Legal and Enforcement MechanismsChair: Des Hogan, Irish Human Rights CommissionThe Electronic Monitoring of Offenders and Penal Innovation in Europe Mike NellisAre the Mechanisms for the Protection of Prisoners against Torture and Inhuman or Degrading Treatment Efficient? Elizabeta Ivičević KarasProspects and Problems for European Legal Co-operation in Improving Prison Conditions Gerard Conway

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Friday, 7 September, 1.45pm to 3.15pmTheme: Restorative JusticeChair: Peter Keeley, Restorative Justice ServicesLocating Restorative Justice within Civil Society: The View from Criminology Liam Leonard and Paula KennyRestorative Justice in the Application of Prison Sentences for those Convicted of Crimes of Terrorism In Spain Patricia Faraldo CabanaRetribution or Restorative Justice: A False Dichotomy Patrick Riordan

Theme: Prison PersonnelChair: Marie Keenan, University College DublinDesistance, Restorative Practices and the Role of The Prison Officer Tim Chapman and Hugh CampbellManaging The Reintegration of Prisoners in Belgium from the Perspective of Prisoners and Probation Officers Rudy Machiels and Aline BauwensPACE – Coping with Life after Prison Lisa Cuthbert

Theme: Privatisation of PrisonsChair: Tony O’Riordan SJ, Former Director, Jesuit Centre for Faith and JusticePenalisation for Profit Janneke HorlingsPrivatised Incarceration: Prioritising Profit at the Expense of Social Justice? Michael TeaguePublic Perceptions of Corrections in the Twenty-First Century: Challenges for Policy-Makers Rick Sarre

Theme: Consequences of ImprisonmentChair: Judge Michael Reilly, Inspector of PrisonsHow to Deal with Overcrowding Mojca M. PlesničarCanada’s Punitive Turn and its Likely Impact on Custody and Aboriginal Offenders Denis BrackenEuropean Prison Systems: A Cross-National Comparison based on the Existing Data Elisa Garcia-España

WORKSHOPSFriday, 7 September, 11.45am to 12.45pm

The Role of Critical Inquiry: Re-conceptualising Education in Prison Aislinn O’Donnell and Jonathan CumminsInside Out: A Play on Prison Waterford Institute of Technology / U-Casadh / TREO PortláirgePrison Education across Europe: Policy, Practice, Politics Kevin Warner and Anne CostelloeMany Different Gifts but Always the Same Spirit Sally Malin

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Social Programme

Welcome Reception The National Gallery of IrelandWednesday, 5 September 2012 7.30pm – 10.00pmFollowing the opening ceremony in Trinity College Dublin, a welcome reception will take place in the National Gallery of Ireland on Clare Street, opposite the College. A selection of wine and canapés will be served and guests can browse a selection of art work in the gallery.

Tour of Kilmainham GaolThursday, 6 September 2012 6.00pm – 7.00pmA coach will transport delegates and speakers from Trinity College to Kilmainham Gaol for a private tour around one of the largest unoccupied gaols in Europe, covering some of the most heroic and tragic events in Ireland’s emergence as a modern nation from the 1780s to the 1920s. The coach will leave at 5.30pm sharp so please head straight for the coach after the last conference session if you wish to make the tour. Booking is essential for this tour and closes after registration on Thursday morning.

Conference DinnerThursday, 6 September 2012 7.00pm – 10.00pmFollowing on from the tour, the conference dinner will take place in the Hilton Dublin Kilmainham Hotel, across the road from the gaol. After dinner, the coach will transport guests back to the Academy Plaza Hotel just off O’Connell Street. Those who wish to attend but have not registered for dinner must do so no later than registration on Thursday morning.Tickets for this dinner are €30 per person.

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The Jesuit Centre for Faith and JusticeThe Jesuit Centre for Faith and Justice was established in 1978 to promote social justice by fostering an understanding of public issues through social analysis, theological reflection and advocacy. A registered charity and an agency of the Irish Jesuit Province, it aims to influence government policy and practice and to raise awareness of difficult social issues. At the heart of the Centre’s work is the belief that every human being deserves dignity and respect.The Jesuit Centre for Faith and Justice conducts independent analysis and research in such areas as penal policy, housing and homelessness, health care, economic development. Its journal, Working Notes, published three times a year, contains analysis of social and economic issues and their impact on the vulnerable in society. Other recent publications include The Irish Housing System: Vision, Values and Reality (2010) and The Irish Prison System: Vision, Values and Reality (2012).Staff contribute to seminars and to the support of community groups. The Centre hosted the conferences, ‘The Future of Europe: Uniting Vision, Values and Citizens’ in 2006, and ‘Europe’s Role in the World – Globalisation and Global Institutions’ in 2005.WhyCare? is an online, educational initiative designed to introduce students and young people to contemporary social justice issues. Launched in the Crescent College, Limerick in 2011, the site encourages informed debate among younger members of society.

FundingFunding for this conference has been mainly provided through the Jesuit Centre for Faith and Justice’s membership of the Scribani European Jesuit Network. The Network is incorporated into and financed by Universitair Centrum Saint-Ignatius Antwerpen (UCSIA), Belgium. Secondary funding has been provided by the Irish Jesuit Province and there has been sponsorship provided by a number of other organisations listed in this brochure.

The European Jesuit NetworkThe Scribani Network, founded in 2003, is composed of fourteen European Jesuit centres from nine countries. The Network aims to strengthen cooperation between the centres and encourages each to apply its knowledge and expertise on European integration in a social context.The mission of the Network is to contribute to a peaceful and just European society inspired by Christian values and Ignatian spirituality. Its objective is to give voice to its ideas on European social issues of strategic importance, such as the social dimension of European enlargement and globalisation, the reform of European social justice systems, the influence of migration on European social policy, religious and cultural diversity in an enlarged Europe, and the role of Christian values in a renewed European citizenship.The Scribani Network organises conferences, explores joint European research proposals and supports initiatives which contribute to its mission and goals. An international conference, ‘European Migration and Asylum policies: Coherence or Contradiction?’ was held in Madrid in 2010. Previous conferences have focused on Europe’s relationship with Africa, on the Roma people in Europe, on Climate Change, and on Religion and Integration in Europe. Conferences have also been held in Spain, Slovakia, Germany and the Netherlands.

WebsitesThe Jesuit Centre for Faith and Justice www.jcfj.ieWorking Notes Journal www.workingnotes.ieWhy Care? www.whycare.ieThe Scribani Network www.scribani.net

Conference Organisers

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Sponsors

st. stephen’s green trust

SCRIBANIEuropean Jesuit Network

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The Jesuit Centre for Faith and Justice is an agency of the Irish Jesuit Province. The Centre undertakes social analysis and theological reflection in relation to issues of social justice, including housing and homelessness, penal policy, asylum and migration, health policy and international development.

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The Irish Prison System Vision, Values, Reality

Latest Publication by the Jesuit Centre for Faith and Justice

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Jesuit Centre for Faith and Justice 26 Upper Sherrard Street, Dublin 1Ireland.

Phone: +353 1 855 6814

Email: [email protected]:

www.jcfj.ie

The Jesuit Centre for Faith and Justiceis an agency of the Irish Jesuit Province.

The Centre undertakes social analysis

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