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Staff Profiles

Dr. Charles O'Mahony

BA., LL.B., LL.M., LL.M., PhD

Contact Details

Lecturer Above The Bar
E: Charles.OMahony@nuigalway.ie
 
researcher
 

Biography

Charles joined the School of Law in 2012 as a lecturer in law.  He was Head of School between 2017-2021.  He completed a PhD at the Centre for Disability Law and Policy, NUI Galway entitled  'Diversion: A Comparative Study of Law and Policy Relating to Defendants and Offenders with Mental Health Problems and Intellectual Disability'.  Charles was elected as President of the Irish Association of Law Teachers (IALT) from 2014-2016. He previously worked as Amnesty International Ireland¿s Legal Officer on its mental health campaign and as a legal researcher for the Law Reform Commission of Ireland.  He was awarded a LLM from University College London and a LLM in Public Law from NUI Galway.  He completed a BA in Law and History and a LLB at NUI Galway.

Research Interests

My research interests are broadly in the field of public law and policy.  I have a particular interest in mental health law and policy and legal capacity and how these areas intersect.  I am also interested in the intersection of mental health law and policy with the criminal justice system.  In that regard my research examines how the criminal justice system responds to persons considered to have a mental health problem, intellectual disability or where there is a question raised over a persons decision-making (legal capacity).  

Research Interests

Mental Health Law & Policy
Health Law & Policy 
Criminal Justice
Legal Capacity  
Disability Law & Policy
The Criminal Jury 
Human Rights Law  

Peer Reviewed Journals

  Year Publication
(2019) 'The Irish Supreme Court judgment in Nano Nagle School v Marie Daly: a saga of litigation'
Shivaun Quinlivan and Charles O'Mahony (2019) 'The Irish Supreme Court judgment in Nano Nagle School v Marie Daly: a saga of litigation'. Northern Ireland Legal Quarterly, 70 (4):505-510 [Details]
(2017) 'The use of behavioural genetics in the criminal justice system: A disability & human rights perspective'
O'Mahony, C,de Paor, A (2017) 'The use of behavioural genetics in the criminal justice system: A disability & human rights perspective'. International Journal Of Law And Psychiatry, 54 :16-25 [DOI] [Details]
(2017) 'The Impact of International Human Rights Law on Irish Mental Health and Mental Capacity Law Reform'
O'Mahony, C & Moloney, C (2017) 'The Impact of International Human Rights Law on Irish Mental Health and Mental Capacity Law Reform'. Medico-Legal Journal of Ireland, [Details]
(2017) 'Responding to Defendants and Offenders with Mental Health Problems in Ireland: The Need for Reform'
O'Mahony, C (2017) 'Responding to Defendants and Offenders with Mental Health Problems in Ireland: The Need for Reform'. Irish Criminal Law Journal, 27 (2) [Details]
(2016) 'The Need to Protect Employees with Genetic Predisposition to Mental Illness? The UN Convention on the Rights of Persons with Disabilities and the Case for Regulation'
O'Mahony, C & de Paor, A (2016) 'The Need to Protect Employees with Genetic Predisposition to Mental Illness? The UN Convention on the Rights of Persons with Disabilities and the Case for Regulation'. Industrial Law Journal, :1-31 [Details]
(2016) 'Genetic Testing of Employees for Mental Illness in Ireland: Law, Policy and Reform'
O'Mahony, C & de Paor, A (2016) 'Genetic Testing of Employees for Mental Illness in Ireland: Law, Policy and Reform'. Irish Employment Law Journal, 13 (3):64-71 [Details]
(2016) 'Laws on unfitness to stand trial and the UN Convention on the Rights of Persons with Disabilities: Comparing reform in England, Wales, Northern Ireland and Australia'
Gooding, P,O'Mahony, C (2016) 'Laws on unfitness to stand trial and the UN Convention on the Rights of Persons with Disabilities: Comparing reform in England, Wales, Northern Ireland and Australia'. International Journal of Law Crime and Justice, 44 :122-145 [DOI] [Details]
(2015) 'Equal Recognition Before the Law: Legal Capacity as a Gatekeeper Right for Older Persons'
Charles O'Mahony (2015) 'Equal Recognition Before the Law: Legal Capacity as a Gatekeeper Right for Older Persons'. The Irish Community Development Law Journal, 4 (1):22-35 [Details]
(2012) '‘Legal capacity and detention: Implications of the UN disability convention for the inspection standards of human rights monitoring bodies’'
O’Mahony, C (2012) '‘Legal capacity and detention: Implications of the UN disability convention for the inspection standards of human rights monitoring bodies’'. The International Journal of Human Rights, [Details]
(2009) '‘Annual Review of European Law and Policy’'
O’Mahony, C et al. (2009) '‘Annual Review of European Law and Policy’'. European Yearbook Of Disability Law, [Details]
(2008) 'Employment law and reform: what is coming down the tracks?'
O’Mahony, C & Bruton, C (2008) 'Employment law and reform: what is coming down the tracks?'. Irish Employment Law Journal, [Details]
(2006) '‘A Legal Analysis of the Doctrine of Anticipatory Self Defence’'
O’Mahony, C and Mulcahy, J (2006) '‘A Legal Analysis of the Doctrine of Anticipatory Self Defence’'. Hanse Law Review, 2 (2) [Details]

Book Chapters

  Year Publication
(2023) 'Implementation of the UN Convention Art. 12 on the rights of persons with disabilities in Ireland (Failure to Reform: Ireland¿s Compliance with Article 12 of the UN Convention on the Rights of Persons with Disabilities)'
Charles O'Mahony & Aisling de Paor (2023) 'Implementation of the UN Convention Art. 12 on the rights of persons with disabilities in Ireland (Failure to Reform: Ireland¿s Compliance with Article 12 of the UN Convention on the Rights of Persons with Disabilities)' In: Models of implementation of Article 12 of the CRPD. United Kingdom: Routledge. [Details]
(2023) 'Implementation of Art. 12 of the UN Convention on the rights of persons with disabilities in England & Wales and Northern Ireland'
Charles O'Mahony (2023) 'Implementation of Art. 12 of the UN Convention on the rights of persons with disabilities in England & Wales and Northern Ireland' In: Models of implementation of Article 12 of the CRPD. United Kingdom: Routledge. [Details]
(2023) 'Disability, Mental Health & International Human Rights Law: A Global Health Perspective'
Charles O'Mahony (2023) 'Disability, Mental Health & International Human Rights Law: A Global Health Perspective' In: Handbook on Disability and Global Health. United Kingdom: Routledge. [Details]
(2020) 'The EU Disability Strategy and the Future of EU Disability Policy'
O'Mahony, C & Quinlivan, S (2020) 'The EU Disability Strategy and the Future of EU Disability Policy' In: Ferri, D & Broderick, A (Eds) Research Handbook on EU Disability Law. Cheltenham: Edward Elgar. [Details]
(2020) 'The Convention on the Rights of Persons with Disabilities'
O'Mahony, C & Quinlivan, S (2020) 'The Convention on the Rights of Persons with Disabilities' In: McCann, G. and Ó hAdhmaill, F (Eds) International Human Rights, Social Policy and Global Development: Critical Perspectives. :237-249 Bristol: Bristol University Press. [Details]
(2017) 'The Implications of the United Nations Convention on the Rights of Persons with Disabilities on Criminal Responsibility'
O'Mahony, C (2017) 'The Implications of the United Nations Convention on the Rights of Persons with Disabilities on Criminal Responsibility' In: Disability Law and Policy: An Analysis of the UN Convention. Dublin: Clarus Press. [Details]
(2016) 'Disability and Human Rights: A New Field in the United Nations'
O'Mahony, C & Quinn, G (2016) 'Disability and Human Rights: A New Field in the United Nations' In: Selected Readings on the UN Convention on the Rights of Persons with Disabilities. Beijing: People’s Publishing House. [Details]
(2012) '‘Disability and Human Rights: A New Field in the United Nations’'
O’Mahony, C & Quinn, G (2012) '‘Disability and Human Rights: A New Field in the United Nations’' In: International Protection of Human Rights: A Textbook. Turku: Åbo Akademi University Institute for Human Rights. [Details]

Published Reports

  Year Publication
(2014) Cage beds, restraints and seclusion in Czech Psychiatric Institutions.
MDAC (2014) Cage beds, restraints and seclusion in Czech Psychiatric Institutions. MDAC, Budapest. [Details]

Edited Books

  Year Publication
(2017) Disability Law and Policy: An Analysis of the UN Convention.
O'Mahony, C & Quinn, G (Ed.). (2017) Disability Law and Policy: An Analysis of the UN Convention. Dublin: Clarus Press. [Details]

Other Journals

  Year Publication
(2012) '‘Diversionary Tactics’'
O’Mahony, C (2012) '‘Diversionary Tactics’' Law Society Gazette, . [Details]
(2007) '‘Setting an agenda for the next decade’'
O’Mahony, C (2007) '‘Setting an agenda for the next decade’' Australian Law Reform Journal, 70 . [Details]

Conference Contributions

  Year Publication
(2019) Learning from each other; Critical Reflections of the intersections between Mental Health Act 2001 and Human Rights,
O'Mahony, Charles (2019) Mental Health Law: The Implications of International Human Rights Law for Ireland. [Invited Oral Presentation], Learning from each other; Critical Reflections of the intersections between Mental Health Act 2001 and Human Rights, Law Society, Dublin , 21-FEB-19 - 21-FEB-19. [Details]
(2016) EU Disability Law and the UN Convention on the Rights of Persons with Disabilities,
O'Mahony, C (2016) Participation in Public and Political life: Substantive obligations under the UN Convention on the Rights of Persons with Disabilities. [Invited Paper], EU Disability Law and the UN Convention on the Rights of Persons with Disabilities, European Academy of Law, Trier , 26-SEP-16 - 27-SEP-16. [Details]
(2016) “Implementation of the UN Convention on Rights of Disabled Persons: A common cause” Polish Disability Forum,
O'Mahony, C (2016) Article 13 (Access to Justice) of the UN Convention on the Rights of Persons with Disabilities. [Invited Oral Presentation], “Implementation of the UN Convention on Rights of Disabled Persons: A common cause” Polish Disability Forum, Warsaw , 02-SEP-16 - 02-SEP-16. [Details]
(2016) Work Forum on the implementation of the UN Convention on the Rights of Persons with Disabilities,
O'Mahony, C (2016) Impact of Human Rights approach in Member States' legislation: Legal capacity in Ireland. [Invited Oral Presentation], Work Forum on the implementation of the UN Convention on the Rights of Persons with Disabilities, European Commission, Brussels , 10-JUN-16 - 10-JUN-16. [Details]
(2016) Inaugural UK Mental Disability Law Conference,
O'Mahony, C (2016) The Legality of the Insanity Defense under International Human Rights Law. [Other], Inaugural UK Mental Disability Law Conference, University of Nottingham , 30-JUN-16 - 01-JUL-16. [Details]
(2016) Dublin City University, Socio-Legal Research Seminar Series,
O'Mahony, C (2016) Persons with Mental Health Problems and the Criminal Justice System in Ireland: Law, Policy and Reform. [Invited Oral Presentation], Dublin City University, Socio-Legal Research Seminar Series, Dublin , 06-APR-16 - 06-APR-16. [Details]
(2016) Human Rights Workshop with LGBTI Seychelles,
O'Mahony, C (2016) Decriminalisation of Same-Sex Sexual Activity: Human Rights. [Invited Oral Presentation], Human Rights Workshop with LGBTI Seychelles, Make, Seychelles , 19-MAR-16 - 20-MAR-16. [Details]
(2016) ERC VOICES Conference,
O'Mahony, C (2016) Criminal Responsibility & International Human Rights Law’. [Invited Oral Presentation], ERC VOICES Conference, Dublin , 26-FEB-16 - 26-FEB-16. [Details]
(2016) 3U, Healthcare, Ethics & Law Master Class,
O'Mahony, C (2016) The International Human Rights Framework: Putting the Assisted Decision-Making (Capacity) Legislation into Context. [Invited Oral Presentation], 3U, Healthcare, Ethics & Law Master Class, Royal College of Physicians of Ireland, Dublin , 19-FEB-16 - 19-FEB-16. [Details]
(2015) Irish Association of Law Teachers Annual Conference,
O'Mahony, C (2015) Human Rights Based Reform of Mental Health Law & Legal Capacity Law in Ireland. [Oral Presentation], Irish Association of Law Teachers Annual Conference, Galway , 27-NOV-15 - 29-NOV-15. [Details]
(2015) Discapacidad, Salud Mental y Cuidado,
O'Mahony, C (2015) Implementing the UN CRPD in Ireland: Legal Capacity, Access to Justice and Disability Law and Policy’. Discapacidad, Salud Mental y Cuidado, . [Details]
(2014) Irish Association of Law Teachers Annual Conference,
O'Mahony, C (2014) Legal Academics and Review and Reform of Mental Health Legislation. [Conference Paper], Irish Association of Law Teachers Annual Conference, Kilkenny p , 07-NOV-14 - 09-NOV-14. [Details]
(2014) Dementia & Legal Capacity: The Need for a Multi-Agency Response,
O'Mahony, C (2014) The Assisted Decision Making (Capacity) Bill 2013: The Promise of Law Reform. [Keynote Address], Dementia & Legal Capacity: The Need for a Multi-Agency Response, Letterkenny Institute of Technology , 28-APR-14 - 28-APR-14. [Details]

Policy Contribution

  Year Publication
(2011) Centre for Disability Law and Policy Submission to 10 year Review of the Mental Health Act 2001.
Keys, M., Flynn, E., O'Mahony, C., Arstein-Kerslake, A., Doyle, S. and Moloney, C. (2011) Centre for Disability Law and Policy Submission to 10 year Review of the Mental Health Act 2001. Policy Contribution [Details]
(2011) Centre for Disability Law and Policy Submission to Ireland's Report for the Universal Periodic Review.
Flynn, E., Keogh, M., de Paor, A., O'Mahony, C., Walls, M., Raley, M. and Fox, N. (2011) Centre for Disability Law and Policy Submission to Ireland's Report for the Universal Periodic Review. Policy Contribution [Details]
(2011) Centre for Disability Law and Policy Submission on Mental Capacity Bill to Oireachtas Committee on Justice, Defence and Equality.
Quinn, G., Flynn, E. and O'Mahony, C. (2011) Centre for Disability Law and Policy Submission on Mental Capacity Bill to Oireachtas Committee on Justice, Defence and Equality. Policy Contribution [Details]

Honours and Awards

  Year Title Awarding Body
2014 Elected President of the Irish Association of Law Teachers (IALT) Irish Association of Law Teachers

Teaching Interests

Current Teaching 
  • Irish Legal Systems 
  • Comparative Disability Law
  • Health, Law and Policy 
  • Minors, Minority Groups & the Criminal Justice System
Previous Teaching
  • Legal Skills
  • The Criminal Jury
  • Criminal Law
  • European Human Rights Law
  • Labour Law
  • Media Law 
  • Law for Nursing Students 
  • Constitutional Law
  • Law, Regulation & Policy
Administrative Duties 
  • LL.M in Public Law  
  

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