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Claire Murray

Lecturer
Law
2.73
Aras Na Laoi

T: 021 490 3809
E: c.murray@ucc.ie

Claire Murray is a first class honours graduate of University College Cork (BCL, 2004; PhD, 2010; MA, 2013) and King's Inns (BL, 2008). She was awarded an IRCHSS Government of Ireland Scholarship to fund her PhD research and completed her thesis, "Feminism, Rights and Mental Health Law: Analysing the Contribution of Feminist Theories of Rights to Irish Mental Health Law", in 2009. She joined the Law School in 2010 having previously practiced as a barrister and worked as the principal legal researcher on the Law Reform Commission's project on Legal Aspects of Family Relationships. Her research interests lie broadly in the areas of mental health law, feminist theory, medical law and family law. She was a Visiting Scholar at the Feminism and Legal Theory Project, Emory University, School of Law, USA in 2012 and at the Centre for Gender, Law and Sexuality at Kent Law School in August 2013. Claire was previously Deputy Director of the CCJHR, Director of the BCL (International), and a Coordinator of the Gender, Law and Sexuality (GLAS) Research Initiative.

Research Interests

 
My core research is focused on the contribution of feminist theories of rights to mental health law. My work fits within an existing and developing body of critical international research on the role of rights in mental health law. Rights are central to modern mental health law but there is also a body of work questioning the operation of right-based models. I approach this from a feminist perspective which critiques traditional liberal rights discourse and also opens up new ways of conceptualising rights. My research also feeds into the development of feminist scholarship. There is a traditional link between feminist theories and the area of mental health but this has not been fully developed in the context of feminist legal theories. This research is the basis of my monograph A Feminist Analysis of Mental Health Law: Reconceptualising Rights which will be published by Routledge.

I am also interested in exploring the role of carers and families within the mental health system in Ireland and the role of the State in supporting people in these positions. This work draws on feminist theories of the situated subject and engages with the concept of vulnerability as an inherent human characteristic. I jointly edited a collection of essays entitled Ethical and Legal Debates in Irish Healthcare: Confronting Complexities, published by Manchester University Press in 2016, and I contributed a chapter to this collection on carers in mental health law.

I was also involved in the Northern/Irish Feminist Judgments Project, rewriting key judgments from a feminist perspective. I provided the commentary for the feminist judgment, written by Prof. Mary Donnelly, in PM v St. Vincent’s Hospital. This is available in Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity (Hart Publishing, 2017).

My other area of research interest is family law, with a particular focus on non-traditional family units. I have undertaken research on the rights and responsibilities of non-marital fathers and members of the extended family such as grandparents and other relatives.

In support of my research I have secured funding from the following sources: the UCC Strategic Research Fund, the UCC College of Business and Law Distinguished Speakers Fund, and the Head of Law Strategic Fund.  

Book Chapters

YearPublication
(2017)'PM v The Board of Management of St. Vincent's Hospital and others'
Mary Donnelly and Claire Murray (2017) 'PM v The Board of Management of St. Vincent's Hospital and others' In: Irish Feminist Judgments: Judges Troubles and the Gendered Politics of Identity. Oxford: Hart Publishing. Globe icon [Details]
(2016)'Why care about carers?'
Claire Murray (2016) 'Why care about carers?' In: Ethical and Legal Debates in Irish Healthcare: Confronting Complexities. Manchester: Manchester University Press. [Details]

Edited Books

YearPublication
(2016)Ethical and Legal Debates in Irish Healthcare: Confronting Complexities
Mary Donnelly and Claire Murray (Ed.). (2016) Ethical and Legal Debates in Irish Healthcare: Confronting Complexities Ethical and Legal Debates in Irish Healthcare: Confronting Complexities. Manchester: Manchester University Press. [Details]

Peer Reviewed Journals

YearPublication
(2016)'The Protection of Life During Pregnancy Act 2013: Suicide, dignity and the Irish discourse on abortion'
Claire Murray (2016) 'The Protection of Life During Pregnancy Act 2013: Suicide, dignity and the Irish discourse on abortion'. Social and Legal Studies: An International Journal, 25 (6):667-698 [CORA Link] [Details]
(2016)'Regulating Abortion: Dissensus and the Politics of Rights'
Mullally, Siobhán; Murray, Claire (2016) 'Regulating Abortion: Dissensus and the Politics of Rights'. Social and Legal Studies: An International Journal, 25 (6):645-650 [Details]
(2013)'The Role of Family in Mental Health Law: A Framework for Transformation'
Claire Murray and Mary Donnelly (2013) 'The Role of Family in Mental Health Law: A Framework for Transformation'. Child and Family Law Quarterly, 25 (4):380-405 [Details]
(2013)'Recent developments in Irish law on guardianship in the context of surrogacy arrangements'
Claire Murray (2013) 'Recent developments in Irish law on guardianship in the context of surrogacy arrangements'. International Family Law, 2013 (3) [Details]
(2013)'Moving towards rights-based mental health law: the limits of legislative reform'
Claire Murray, (2013) 'Moving towards rights-based mental health law: the limits of legislative reform'. Irish Jurist, 49 :161-181 [Details]
(2012)'Statutory declarations agreeing guardianship in Ireland'
Claire Murray (2012) 'Statutory declarations agreeing guardianship in Ireland'. International Family Law, :438-440 [Details]
(2012)'Recognising the modern family: extending legislative guardianship rights in Ireland'
Claire Murray (2012) 'Recognising the modern family: extending legislative guardianship rights in Ireland'. Irish Journal of Family Law, 15 (2):39-48 [Details]
(2012)'Unpaid Carers: An Invisible Presence in Irish Health and Care Law'
Mary Donnelly and Claire Murray (2012) 'Unpaid Carers: An Invisible Presence in Irish Health and Care Law'. Medico-Legal Journal of Ireland, 18 (1):6-12 [Details]
(2011)'The Role of the Mental Health Commission in Irish Mental Health Law: Interrogating the Effectiveness of the Statutory Functions of the Commission'
Claire Murray; (2011) 'The Role of the Mental Health Commission in Irish Mental Health Law: Interrogating the Effectiveness of the Statutory Functions of the Commission'. Medico-Legal Journal of Ireland, 17 (2):93-104 [Details]
(2010)'Reinforcing paternalism within Irish mental health law - Contrasting the decisions in EH v St Vincent's Hospital and Others and SM v the Mental Health Commission and Others'
Claire Murray; (2010) 'Reinforcing paternalism within Irish mental health law - Contrasting the decisions in EH v St Vincent's Hospital and Others and SM v the Mental Health Commission and Others'. Dublin University Law Journal, 32 :273-290 [Details]
(2007)'Safeguarding the Right to Liberty of Incapable Compliant Patients with a Mental Disorder in Ireland'
Claire Murray; (2007) 'Safeguarding the Right to Liberty of Incapable Compliant Patients with a Mental Disorder in Ireland'. Dublin University Law Journal, 29 :279-311 [Details]

Other Journals

YearPublication
(2010)'Law Reform Update - Recent Publications by Law Reform Bodies Worldwide'
Claire Murray; (2010) 'Law Reform Update - Recent Publications by Law Reform Bodies Worldwide' Judicial Studies Institute Journal, 1 :173-212. [Details]

Blog

YearPublication
(2013)A separate process for suicide within the scheme of the Protection of Life during Pregnancy Bill 2013.
Claire Murray (2013) A separate process for suicide within the scheme of the Protection of Life during Pregnancy Bill 2013. Blog Globe icon [Details]
(2013)Legislating for Article 40.3.3: Murray on Hysterical Women.
Claire Murray (2013) Legislating for Article 40.3.3: Murray on Hysterical Women. Blog Globe icon [Details]
(2012)Steering Group of the Review of the Mental Health Act: Interim Report.
Claire Murray (2012) Steering Group of the Review of the Mental Health Act: Interim Report. Blog Globe icon [Details]
(2011)Considering the contribution of gender mainstreaming to Irish mental health law.
Claire Murray (2011) Considering the contribution of gender mainstreaming to Irish mental health law. Blog Globe icon [Details]
(2011)Publication of the Mental Health Commission's 2010 Report.
Claire Murray (2011) Publication of the Mental Health Commission's 2010 Report. Blog Globe icon [Details]

Electronic Journals

YearPublication
(2015)Abortion Law Reform in Ireland - A Model for Change.
Enright, M., Conway, V., de Londras, F., Donnelly, M., Fletcher, R., McDonnell, N., McGuinness, S., Murray, C., Ring, S., ui Chonnachtaigh, S. (2015) Abortion Law Reform in Ireland - A Model for Change. Kent Law School: Electronic Journals Globe icon [Details]

Newspaper Articles

YearPublication
(2012)Required birth registration will not boost fathers' rights.
Claire Murray (2012) Required birth registration will not boost fathers' rights. Newspaper Articles Globe icon [Details]

Honours and Awards

 YearTitleAwarding Body
2015President's Award for Excellence in Teaching University College Cork
2013Visiting Scholar Centre for Gender, Law and Sexuality at Kent Law School
2012Visiting Scholar Feminism and Legal Theory Project, Law School, Emory University, Atlanta, Georgia
2004Government of Ireland Scholar Irish Research Council for the Humanities and Social Sciences
2004College Scholar University College Cork
2003College Scholar University College Cork

Professional Associations

 AssociationFunctionFrom / To
ISS 21 Family, Gender and Sexualities Research Cluster Member/
ISS 21 Children and Young People Research Cluster Member/
Socio-Legal Studies Association Member/
Griffith College Dublin External Examiner/

Conference Contributions

YearPublication
(2015)Northern/Irish Feminist Judgments Project - The Embodied Subject,
Mary Donnelly and Claire Murray (2015) Drafting Workshop. [Invited Lectures (Workshops)], Northern/Irish Feminist Judgments Project - The Embodied Subject, Griffith College Dublin . [Details]
(2015)Rights in Conflict: Socio-Legal and Critical Approaches to Human Rights,
Claire Murray (2015) PhD Symposium. [Conference Organising Committee Member], Rights in Conflict: Socio-Legal and Critical Approaches to Human Rights, UCC , 08-JUN-15 - 09-JUN-15. [Details]
(2015)Northern/Irish Feminist Judgments Project - The Mothering Subject,
Claire Murray (2015) Drafting Workshop. [Conference Organising Committee Member], Northern/Irish Feminist Judgments Project - The Mothering Subject, UCC . [Details]
(2014)CCJHR Annual Distinguished Lecture,
Claire Murray (2014) 20th Century Law: 21st Century Problems. [Conference Organising Committee Member], CCJHR Annual Distinguished Lecture, University College Cork . [Details]
(2014)Justice and Dignity under Challenge,
Claire Murray (2014) Annual CCJHR Postgraduate Conference. [Conference Organising Committee Member], Justice and Dignity under Challenge, University College Cork . [Details]
(2014)Emerging Issues in Irish Health and Care Law,
Claire Murray (2014) Carers in Irish Mental Health Law. [Oral Presentation], Emerging Issues in Irish Health and Care Law, UCC . [Details]
(2014)Marriage Equality, Relationship Recognition and Non-Discrimination: Securing Equality and Rights?,
Claire Murray (2014) IRC funded international conference. [Conference Organising Committee Member], Marriage Equality, Relationship Recognition and Non-Discrimination: Securing Equality and Rights?, University College Cork . [Details]
(2013)Reforming Abortion Law: Comparative Perspectives,
Claire Murray (2013) The narrative of the hysterical woman: the discourse on the inclusion of suicide in the Irish legislation on abortion. [Oral Presentation], Reforming Abortion Law: Comparative Perspectives, University College Cork , 22-MAR-13 - 22-MAR-13. [Details]
(2013)Mapping a Pathway: addressing risk, detention and status in the Mental Health Act 2001,
Claire Murray (2013) Protections for voluntary and involuntary patients: the existing framework in Ireland. [Invited Oral Presentation], Mapping a Pathway: addressing risk, detention and status in the Mental Health Act 2001, Dublin, Ireland , 01-MAR-13 - 01-MAR-13. [Details]
(2012)Dear Minister: Proposals for the Reform of Child Law in Ireland,
Claire Murray (2012) Modernising the Law of Guardianship in Ireland. [Oral Presentation], Dear Minister: Proposals for the Reform of Child Law in Ireland, University College Cork, Ireland , 08-MAR-12 - 08-MAR-12. [Details]
(2012)Irish Society of Comparative Law Annual Conference,
Claire Murray (2012) Recognising the Modern Family: Comparative Perspectives on Extending Guardianship to Non-Biological Parents. [Oral Presentation], Irish Society of Comparative Law Annual Conference, University College Cork, Ireland , 02-MAR-12 - 03-MAR-12. [Details]
(2011)Irish Society of Comparative Law Annual Conference,
Claire Murray; (2011) The need for more than legislative reform: a comparative perspective on the difficulties associated with moving from a paternalistic to a rights-based model of mental health law. [Oral Presentation], Irish Society of Comparative Law Annual Conference, Dublin , 29-APR-11 - 30-APR-11. [Details]
(2011)Socio-Legal Studies Association Annual Conference,
Claire Murray; (2011) Feminist theories of rights - boundaries in mental health law. [Oral Presentation], Socio-Legal Studies Association Annual Conference, University of Sussex, Brighton , 13-APR-11 - 13-APR-11. [Details]
(2007)Law and Society Annual Conference,
Claire Murray; (2007) Explorations of Gender Issues in the Irish Mental Health System. [Oral Presentation], Law and Society Annual Conference, Berlin , 07-JAN-07 - 07-JAN-07. [Details]
(2007)University College Cork Postgraduate Conference on Criminal Justice and Human Rights,
Claire Murray; (2007) Safeguarding the Rights of Incapable Compliant Patients in Irish Mental Health Law- Exploring the Significance of Gender. [Oral Presentation], University College Cork Postgraduate Conference on Criminal Justice and Human Rights, UCC , 05-JAN-07 - 05-JAN-07. [Details]
(2006)Society of Legal Scholars,
Claire Murray; (2006) Gender Issues in the Application of Mental Health Legislation: A Study of the Irish Mental Health Act 2001. [Oral Presentation], Society of Legal Scholars, Keele University, UK , 09-JAN-06 - 09-JAN-06. [Details]
(2006)Socio-Legal Scholars Association,
Claire Murray; (2006) The Mental Health Act 2001- Unravelling the Mental Health Statistics. [Oral Presentation], Socio-Legal Scholars Association, Stirling, Scotland , 04-JAN-06 - 04-JAN-06. [Details]
(2005)If I Knew Then What I Know Now: A Women¿s Studies Postgraduate Forum,
Claire Murray; (2005) Uncovering the Gender Issues in the Irish Mental Health System. [Oral Presentation], If I Knew Then What I Know Now: A Women¿s Studies Postgraduate Forum, UCC , 05-JAN-05 - 05-JAN-05. [Details]

Committees

 CommitteeFunctionFrom / To
Law School International Committee Chair/
Law School Careers Committee Chair/
Law School Postgraduate Committee Member/
Law School Undergraduate Recruitment Committee Member/
Law School Skills Committee Member/

Employment

 EmployerPositionFrom / To
Law Reform Commission Full-time Legal Researcher01-SEP-08 / 01-SEP-09
University College Cork Lecturer13-SEP-10 /
University College Cork Part-time Lecturer and Tutor02-OCT-05 / 07-OCT-07

Education

 YearInstitutionQualificationSubject
2013University College Cork MATeaching and Learning in Higher Education
2012University College Cork Postgraduate Diploma in Teaching and Learning in Higher EducationTeaching and Learning
2011University College Cork Postgraduate Certificate in Teaching and Learning in Higher Ed.Teaching and Learning
2010University College Cork PHDLaw
2008Kings Inns Barrister at LawLaw
2004University College Cork BCLLaw

Outreach Activities

 Description

Board Member of OSS Cork

Former member of the Amnesty International Ireland Advisory Panel on Mental Health

Journal Activities

 JournalRoleTo / From
Irish Journal Of Legal Studies Referee-
Hibernian Law Journal Referee-
Irish Student Law Review Member of Editorial Board01-OCT-07 - 31-MAY-08

Other Activities

 Description

I was the principal legal researcher on the Law Reform Commission's Consultation Paper and Report on Legal Aspects of Family Relationships.

Teaching Interests

In my teaching I aim not only to communicate information about the legal rules and structures to students but also to challenge them to engage critically with the material. I believe that students should have an awareness of the role of law in society and the interplay between law and policy and to this end I encourage students in my classes to explore and to question. Ultimately I want my students to be able to draw links between the core principles and doctrines they are studying and to understand the law as a system rather than a series of distinct subjects.

Recent Postgraduates

 Graduation YearStudent NameInstitutionDegree TypeThesis Title
2015Breifne Muldoon UCCLLMImplementing Article 12 of the UN CRPD in Irish Mental Health Law: An Evaluation of Potential Practical Problems and Possibilities for Reform
2015Maeve McNamara UCCLLMInclusive Educational Provision for Children with Intellectual Disabilities in Ireland: A Challenge Towards the Ratification of the CRPD?
2015Bernadette Campbell UCCLLMA Critical Evaluation of the Powers of Attorney Act 1996 and the Proposed Changes of the Assisted Decision-Making (Capacity) Bill 2013
2013Nikaela Rusk UCCLLMParental Authority as a Barrier to Children's Participation in Healthcare Decision-Making in Ireland
2013Niamh Carey UCCLLMThe Mental Health Act 2001: Examining the Inadequate Safeguards for Involuntary Patients
2013Joanne Kelleher Ralston UCCLLMThe Admission of Children to Approved Centres: Is the Voice of the Child Being Heard?
2011Katherine Wade UCCLLMRefusal of Emergency Caesarean Section in the Irish Context: A Legal Analysis
2013Claire Collins UCCLLMThe Interpretation of "Proper Provision" in Divorce Proceedings in the Recession
2013Sarah Atkins UCCLLBWelfare, Race and Vulnerability: Direct Provision and its effects on children in the asylum system
2013Helen O'Reilly UCCLLMChild Protection Proceedings int he District Court: Is the Voice of the Child Being Heard?
2014Eva Lalor UCCLLMArticle 23 of the Convention on the Rights of Persons with Disabilities: Implications for Irish Child Care Cases
2014Mark Felton UCCLLMAn Examination of the Legal Protections for Voluntary Patients in Irish Mental Health Law: The Need for Change
2014Kate Brosnan NUI (UCC)LLMAre there sufficient safeguards to protect the elderly person with limited decision-making capacity?

Current Postgraduate Students

 StudentDegree Type
Lynch Ann Doctoral Degree
Duffy Sandra Aisling Doctoral Degree

Internal Collaborators

 NameInstituteCountry
Prof. Siobhán Mullally UCCIRELAND
Prof. Mary Donnelly UCCIRELAND
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