Friday, January 27, 2023


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 fundamental reform. It argues that the ‘Competence Defence’ in the Directive could have been more strongly drafted, to prescribe more precisely the circumstances in which an individual may be found not to be competent to perform the post’s essential functions. In the absence of a unified EU approach regarding the activation of the reasonable accommodation duty and an employer’s knowledge as to disability or the need for reasonable accommodation, national positions are compared. A model whereby the provision for individuals with disabilities is carried out in a proactive as opposed to a reactive manner could reduce the need for the reasonable accommodation system. The possibility of increased state involvement in the provision of reasonable accommodation to employees has strong potential. It is proposed that the principle of Universal Design, as expressed in the Convention on the Rights of Persons with Disabilities, could be used to ensure that work environments are developed from the outset to be conducive to the needs of those with physical or psychosocial disabilities. The implications of such a major change are assessed.


Friday, January 20, 2023

Book Review of Mental Health Homicide and Society: Understanding Health Care Governance by David Horton


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."


 


Friday, January 13, 2023

Application of the Paternalism Principle to Constitutional Rights


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 case-law in the relevant field. In the fields of medical law and mental health law, various courts have moved away from deference to medical decision-making and paternalism to a person-centred rights-based approach. However, courts in Ireland have continued to interpret mental health law in a paternalistic fashion, praising paternalism as if it is particularly suitable for mental health law. This raises profound questions about judicial attitudes to people with mental health conditions and judicial reluctance to confer full personhood on people with disabilities. This article outlines case-law in Ireland regarding paternalism in mental health law and discusses the consequences for constitutional rights in Ireland.