The School of Law, University College Cork, has developed a Mental Health Act, 2001 Toolkit in partnership with Mental Health Reform. When people with mental health difficulties are admitted to mental health units, either on a voluntary or involuntary basis, it is vital that user-friendly, accessible, information is available regarding human rights. Access to this information is essential for people with mental health difficulties, their family members, advocates, supporters and carers. The Mental Health Act, 2001 Toolkit will be published on Mental Health Reform’s website and will in ..read more

I published this article with Patrick Daly in 2021:  Patrick Daly & Darius Whelan, ‘Disability in employment equality law: A reappraisal of the reasonable accommodation duty and issues arising in its implementation’ (2021) 28 Maastricht Journal of European and Comparative Law 744.   https://journals.sagepub.com/doi/10.1177/1023263X211035268. Here is the abstract: Abstract This article re-considers the special features of the disability ground in EU equality law and raises questions as to whether the EU’s Framework Equality Directive (Directive 2000/78) may be in need of fu ..read more

I published a book review of Mental Health Homicide and Society: Understanding Health Care Governance by David Horton in 2021. The review is in (2021) 60 Howard Journal of Crime and Justice 607. See https://doi.org/10.1111/hojo.12456  Extract from the review: "This is a fascinating book, providing rich insights into mental health homicide investigations. The author has undertaken a challenging task in applying Luhmann's systems theory to this field. The empirical work, in the form of the interviews, provides extra depth and a very high level of originality."   ..read more

In 2021, I published this article:  Darius Whelan, ‘Application of the Paternalism Principle to Constitutional Rights: Mental Health Case-Law in Ireland’ (2021) 28 European Journal of Health Law 223 https://doi.org/10.1163/15718093-bja10047    It's available in this Open Access version. Here is the abstract: Abstract: In adjudicating on matters relating to fundamental constitutional or human rights, courts make important statements about the principles which apply. The principles articulated will have a profound impact on the outcomes of such cases, and on the development of c ..read more

  I contributed a paper on "Hunger Strikes in Prison: the Legal Issues" to a University College Cork conference this week. The conference was "Terence MacSwiney, Cork Men’s Gaol, and the Political Hunger Strike, 1920-2020" and it was organised by the School of History. My paper draws on themes discussed in this paper: Gautam Gulati, Darius Whelan, Eimear Spain, David Meagher & Colum Dunne, ‘Hunger Strikes in Prison: a Legal Perspective for Psychiatrists’ (2019) 36 Irish Journal of Psychological Medicine 55.   My slides for the paper are available here ..read more

I last wrote here about Copyright Law for Digital Teaching and Learning in 2015.  Since then, new legislation has been enacted - the Copyright and Other Intellectual Property Law Provisions Act 2019.   The new Act implements some of the recommendations of the Copyright Review Committee in 2013, and is particularly strong in implementing the education provisions.  The Committee's members were Eoin O'Dell, Patricia McGovern and Steve Hedley.   I was asked to give a talk at a seminar today for the Irish Universities Association Enhancing Digital Teaching and ..read more

I have posted an article at The Conversation on this topic.  It's published under Creative Commons licence. Opening paragraphs: It is common for many employees to send, read and reply to work emails at all hours of the day and night, including weekends. This change in work culture developed in recent decades and has accelerated with the advent of smartphones. But is this a breach of employment law? The short answer is that “it depends” and we need some test cases to clarify the situation, not least in the UK. Some workplaces have a culture of long working hours and it can be difficult for a ..read more

Irish Law Events Retweeted Constitution Project ‏@ConstitutionUCC  Delighted to announce programme and registration details for our forthcoming conference @UCC on "Sovereignty, Populism and Constitutional Politics", 30-31 August. In association with British & Irish Chapter of @ICON__S.  CPD available! https://t.co/gIar291qza http://constitutionproject.ie/?p=688  @deckie: Looking forward to hosting Competition Law Scholars' Forum at @UCC @LawUCC. A great lineup with John Temple Lang as our keynote speaker https://twitter.com/CLScholarsForum/status/1161644717328744450 @UccCriminology: The ..read more

The annual Mental Health and Capacity Law conference takes place on Saturday 6 April at Brookfield Health Sciences Complex, UCC. This conference is jointly hosted by the Centre for Criminal Justice & Human Rights, School of Law, UCC and the Irish Mental Health Lawyers Association. Topics to be considered will include recent case-law on the Mental Health Act 2001, developments in capacity law and comparative reflections on mental health law in England & Wales.  The conference is topical as there have been two relevant amending Acts passed in 2018:- the Mental Health (Renewal Orders) Ac ..read more