Charles O'Mahony

Lecturer Below The Bar BA., LL.B., LL.M., LL.M

Contact Details

Lecturer In Public Law
Law
Room 106, Block T, Distillery Road.

T: +353 (0)91 494391 or EXTN: 4391
E: charles.omahony@nuigalway.ie
W: Skype: charlesomahonynuigalway
Twitter: @charlesomahony1
">Skype: charlesomahonynuigalway
Twitter: @charlesomahony1

Lecturer Below The Bar
School of Law
NUI Galway



T: Ext. 4391
E: CHARLES.OMAHONY@nuigalway.ie
 
researcher

Biography

Charles joined the School of Law in September 2012 as a lecturer in Public Law.  He completed a Ph.D at the Centre for Disability Law and Policy, NUI Galway in 2013 entitled  “Diversion: A Comparative Study of Law and Policy Relating to Defendants and Offenders with Mental Health Problems and Intellectual Disability”.  Charles previously worked as Amnesty International Ireland’s Legal Officer on its mental health campaign.  He also worked as a legal researcher for the Law Reform Commission of Ireland for a number working on different law reform projects.  He previously worked at NUI Galway as a part-time lecturer teaching a range of undergraduate and postgraduate courses to law and non-law students and as an assistant lecturer in law at Dublin Institute of Technology and a senior tutor in law at the School of Law, University College Dublin.   He was awarded a LL.M from University College London in 2005 and a LL.M in Public Law from NUI Galway in 2006.  He completed a BA in Legal Science and History in 2003 and a LL.B in 2004 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
(2015) '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'
O'Mahony, C & Goding, P (2015) '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, :1-24 [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’'. Sur 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]

Book Chapters

  Year Publication
(2015) '‘The Implications of the United Nations Convention in the Rights of Persons with Disabilities on Criminal Responsibility’'
O’Mahony, C (2015) '‘The Implications of the United Nations Convention in the Rights of Persons with Disabilities on Criminal Responsibility’' In: The United Nations Convention on the Rights of Persons with Disabilities: Comparative, Regional and Thematic Perspectives. Belgium: Intersentia. [Details]
(2015) '“The CRPD and the Fusion of Mental Health and Legal Capacity Legislation”'
O’Mahony, C & Hackett, C (2015) '“The CRPD and the Fusion of Mental Health and Legal Capacity Legislation”' In: The United Nations Convention on the Rights of Persons with Disabilities: Comparative, Regional and Thematic Perspectives. Belgium: Intersentia. [Details]
(2015) '“Intersectionality: Towards a UN Convention on Older People”'
O’Mahony, C & Keogh, M (2015) '“Intersectionality: Towards a UN Convention on Older People”' In: The United Nations Convention on the Rights of Persons with Disabilities: Comparative, Regional and Thematic Perspectives. Belgium: Intersentia. [Details]
(2015) '“Living in the Community: The Synergy between Article 12 & Article 19 of the CRPD”'
O’Mahony, C & O'Donnell, S (2015) '“Living in the Community: The Synergy between Article 12 & Article 19 of the CRPD”' In: The United Nations Convention on the Rights of Persons with Disabilities: Comparative, Regional and Thematic Perspectives. Belgium: Intersentia. [Details]
(2015) '“Implications of the UN Disability Convention for the European Convention on Human Rights”'
O’Mahony, C (2015) '“Implications of the UN Disability Convention for the European Convention on Human Rights”' In: The United Nations Convention on the Rights of Persons with Disabilities: Comparative, Regional and Thematic Perspectives. Belgium: Intersentia. [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
(2015)
O’Mahony, C & Quinn, G (Ed.). (2015) The United Nations Convention on the Rights of Persons with Disabilities: Comparative, Regional and Thematic Perspectives. Belgium: Intersentia. [Details]

Other Journals

  Year Publication
(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]
(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]
(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]

Conference Contributions

  Year Publication
(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]
(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]

Honours and Awards

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

Other Activities

  Description

Conference, Seminar and Other Papers 

  • O’Mahony, C ‘Legal and Financial Aspects of caring’ [Carrick-on-Shannon: Health Services Executive, 19 June 2012].
  • O’Mahony, C ‘Legal Capacity Law in Ireland: Human Rights Obligations’ [Dublin: University College Dublin, Centre for Disability Studies, 10 February 2012]. 
  • O’Mahony, C ‘Consent to Medical Treatment Speech Language Therapy and Adults with Intellectual Disability’ [Dublin: Cheeverstown House, 3 February 2012].  
  • O’Mahony, C ‘What is the link between legal capacity and detention?’ [Strasbourg: Mental Disability and Advocacy Center (MDAC) Workshop on the implications UN Convention on the Rights of Persons with Disabilities for the inspection standards of the Committee on the Prevention of Torture (CPT), 4 November 2011]. 
  • O’Mahony, C ‘Legal Capacity & Mental Health Law: Irish Law and International Human Rights Law’ [Dublin: Incorporated Law Society of Ireland, Diploma in Capacity and Mental Health, 7 October 2011]. 
  • O’Mahony, C ‘Enduring Powers of Attorney’ [Sligo: HSE Dementia Conference, 27 October 2011].
  • O’Mahony, C ‘The Equal Status Acts 2000-2010’ [Galway: Disability Legal Information Clinic / Free Legal Advice Centre NUI Galway]. 
  • O’Mahony, C ‘Legal Capacity: Criminal law, Insanity and the United Nations Convention on the Rights of Persons with Disabilities’ [Reykjavik: Nordic Network on Disability Research (NNDR): 11th Research Conference, 27 May 2011].
  • O’Mahony, C ‘Legal Capacity in Ireland: Reflections on the Law and Ireland’s Human Rights Obligations’ [Dublin: University College Dublin, Centre for Disability Studies, 11 February 2011]. 
  • O’Mahony, C ‘The Interface of Irish Law with the ECHR and the UNCRPD in the Mental Health Field’ [Dublin: Incorporated Law Society of Ireland, Diploma in Capacity and Mental Health, 7 December 2010]. 
  • O’Mahony, C ‘A Critical Consideration of Mental Health Courts’ [Limerick: Irish Association of Law Teachers Annual Conference, 24 November 2010]. 
  • O’Mahony, C ‘The UN Convention on the Rights of Persons with Disabilities: Implications for Domestic Mental Health Law’ [Oakland: Disability Rights California, 4 November 2010]. 
  • O’Mahony, C ‘The UN Convention on the Rights of Persons with Disabilities: Abolition of the Insanity Defence’ [Berkeley: Boalt Hall School of Law, 27 October 2010]. 
  • O’Mahony, C ‘Careers in Law for Graduate Students’ [Galway: NUI Galway, 2nd Mastering Law Conference, 4 June 2010].
  • O’Mahony, C ‘Employment Law and Policy: Research and the Disability Act 2005’ [Galway: Persons with Disabilities in Ireland, International Disability Conference, 3 December 2009]. 
  • O’Mahony, C ‘Practical Application of the Revised Brussels 11 Regulation’  [Cork: Incorporated Law Society of Ireland, PPC II, Advanced Family and Child Law Elective, 6 June 2009].
  • O’Mahony, C ‘The Eligibility of Persons with Disabilities for Jury Service’ [Cork: University College Cork, Conference entitled “The Promise of Law: Political Claims and the Boundaries of Justice”, 30 April 2009]. 
  • O’Mahony, C ‘Reform of the jury in common law jurisdictions’ [Limerick: Irish Society of Comparative Law Annual Conference, 28 February 2009]. 
  • O’Mahony, C ‘Trial by Jury’ [Dublin: Summer Lunchtime Law Lecture Series, Ballymun Community Law Centre, 9 July 2008]. 
  • O’Mahony, C ‘Jury Service and Reform of the Jury System in Ireland’ [Manchester: Socio-Legal Studies Association (SLSA) Annual Conference, March 2008]. 
  • O’Mahony, C ‘The Changing Nature of Television Consumption’ [Durham: Society of Legal Scholars (SLS) Annual Conference, Durham, 12 September 2007].  
  • O’Mahony, C ‘Race, Policing and Criminal Justice’ [Dublin: Annual Irish Criminology Conference, University College Dublin, 5 September 2007]. 
  • O’Mahony, C ‘The Effectiveness of Human Rights Law in Realising Adequate Standards of Healthcare in the Prison Setting’ [Canterbury: Socio-Legal Studies Association (SLSA) Annual Conference, University of Kent, 4 April 2007]. 
  • O’Mahony, C ‘Looking up or stepping up the stairs?  A human rights critique of Irish prison healthcare services and policy’ [Dublin: Legal Research Conference, University College Dublin, 25 November 2006]. 
  • O’Mahony, C ‘A Future for Public Service Broadcasting: New Challenges, New Pressures, New Approaches’ [Dublin: Irish Media Research Network Annual Conference, Dublin Institute of Technology, 16 June 2006]. 

Other Legal Research & Consultancy 

  • ‘Report Citizen Jury on Legal Capacity and Mental Health’ [Dublin: Amnesty International, forthcoming 2012]. 
  • ‘Thematic Legal Study on Mental Health and Fundamental Rights: Ireland Report’ [Fundamental Rights Agency Legal Experts Group, 2010]. 
  • ‘Consultation Paper: Jury Selection’ [Law Reform Commission: CP 61- 2010.  Available at: www.lawreform.ie]. 
  • O’Mahony and Bruton ‘Irish Report on the employment of disabled people in European countries’ Academic Network of European Disability experts (ANED) 2008.  Available at: http://www.disability-europe.net/content/pdf/IE%20Employment%20report.pdf.   
  • ‘Report: Third Programme of Law Reform’ [Law Reform Commission: LRC 86 - 2007.  Available at: www.lawreform.ie]. 
  • ‘Seminar Paper: Public Consultation on Law Reform’ [Law Reform Commission: SP 3 -2007.  Available at: www.lawreform.ie]. 

Working Papers 

  • O’Mahony, C, Fox, N & Keogh, M ‘Socio-Legal Perspectives on Disability Rights’ (Galway: Working Paper, 2012). 

Submissions on Disability/Mental Health Law & Policy

 

Teaching Interests

Current Teaching 
 
Legal Skills
Constitutional Law
Comparative Disability Law
Health, Law and Policy 
Media Law 


Previous Teaching
 
The Criminal Jury
Criminal Law
European Human Rights Law
Labour Law
Law for Nursing Students 
 
Administrative Duties 

LL.M in Public Law