Tanya NI Mhuirthile

Dr

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Dr. Tanya Ní Mhuirthile joined the School of Law and Government in September 2015, having previously held positions in both Griffith College and University College Cork. A graduate of University College Cork (BCL 2000, LLB 2005, PhD 2010) and  the Royal Scottish Academy of Music and Drama (MDra 2002), Tanya teaches undergraduate modules in the ares of Equity,  Trusts, Irish Legal System and Law and Body Politics.

Tanya's research interrogates the interaction between the body and law and draws on human rights law, medical law, law and gender theory and feminist jurisprudence. Tanya is a legal consultant to both Transgender Equality Network Ireland and IntersexUK. She has advised 
advised Government ministers, public representatives and civil and public servants on the drafting of legislation and the development of public policy in particular in relation to the Criminal Justice (Female Genital Mutilation) Act, 2012 and Gender Recognition Bill 2013, Legal Recognition of Gender Bill, 2013 and the Gender Recognition Act 2015, including: the Minister for Social Protection, the Minister of State at the Dept of Social Protection with Special Responsibility for Activitation, the Minister for Children and Youth Affairs and other Oireachtas members. Tanya has also advised NGOs, including Amnesty International, Irish Council of Civil Liberties, Transgender Equality Network Ireland, IntersexUK, International Lesbian, Gay, Bisexual, Trans and Intersex-Europe (ILGA-Europe), and Transgender Europe on their policy initiatives relevant to her research expertise, both in Ireland and abroad. Internationally, Tanya has provided ad hoc legal advice to the UN Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health and the Chairperson-Rapporteur of the Working Group on the Issue of Discrimination Against Women in Law and in Practice.
In November 2017, Tanya was appointed to the Gender Recognition Act Review Group by Minister Regina Doherty.



Book

Year Publication
2016 Tanya Ní Mhuirthile, Catherine O'Sullivan and LIam Thornton (2016) Fundamentals of the Irish Legal System: Law, Policy and Politics. Dublin: Thomson Round Hall.

Other Journal

Year Publication
2010 Tanya Ní Mhuirthile (2010) 'Realising Gender Recognition: Rendering the Vulnerable Visible or Further Vulnerabilising the Invisible?' Research Paper No. 41/2010 . Link
2008 Tanya Ní Mhuirthile (2008) 'Declaring Irish Law Incompatible with the Law of the ECHR – Where to Now?' 4 (1) .

Edited Book

Year Publication
2015 Claire Hogan and Tanya Ní Mhuirthile (Ed.). (2015) Dublin: Clarus Press,

Book Chapter

Year Publication
2018 Tanya Ní Mhuirthile (2018) 'Reclaiming the Body in Legal Analysis: Employing Feminist Methodologies' In: Dublin : Clarus Press.
2018 Tanya Ní Mhuirthile (2018) 'Legal Status of Intersex Persons in Malta' In: Cambridge : Intersentia.
2018 Tanya Ní Mhuirthile (2018) 'Realising Trans and Intersex Rights in Ireland' In: Oxford : Hart Publishing.
2016 Tanya Ní Mhuirthile (2016) 'Foy v An tArd Chlaraitheoir & Ors [2002] IEHC 116' In: Oxford : Hart Publishing. Link
2014 Tanya Ní Mhuirthile (2014) 'Argentina’s Legislation: Rights Inclusive Gender Recognition' In: Dublin : TENI.
2013 Tanya Ní Mhuirthile (2013) 'Afterword: Intersex Experience – Speaking for the Silent’' In: Dublin : TENI.
2015 Tanya Ní Mhuirthile (2015) 'Building Bodies: A Legal History of Intersex in Ireland' In: Sallins : Irish Academic Press.
2014 Tanya Ni Mhuirthile (2014) 'Article 8 and the Realisation of the Right to legal Gender Recognition' In: Dublin : Bloomsbury.
2013 Tanya Ni Mhuirthile (2013) 'Legal Recognition of Preferred Gender Identity in Ireland: An analysis of Proposed Legislation' In: Dublin : Orpen Press.

Peer Reviewed Journal

Year Publication
2010 Siobhan Mullally and Tanya Ni Mhuirthile (2010) 'Reforming Laws on Female Genital Mutilation in Ireland: Responding to Gaps in Protection'. Dublin University Law Journal, 17 (1).

Conference Contribution

Year Publication
2016 Tanya Ní Mhuirthile (2016) International and Comparative Law in the 21st Century: Lessons Learned Paper: Medical Treatment for Intersex Variations: The Impact of the Gender Recognition Act 2015 Griffith College, Dublin, .
2013 Tanya Ní Mhuirthile (2013) QSoc Meeting Paper: Introducing Gender Recognition to Ireland: Challenges and Opportunities’ Trinity College Dublin, .
2013 Tanya Ní Mhuirthile (2013) the Jurisprudence Class of the Diploma in Legal Studies Paper: The Feminist Judgment Project: The Added-Value of Including Alternative Perspectives in Judgment Making King's Inns, Dublin, .
2012 Tanya Ní Mhuirthile (2012) Social Exclusion and the Law: Domestic and International Perspectives Paper: Legal Gender Recognition: A Step Towards Ending the Social Exclusion of Trans and Intersex People’ Griffith College, Dublin, .
2012 Tanya Ní Mhuirthile (2012) USI Pink Training 2012 Paper: Gender Recognition and Intersex University College Cork, Cork, .
2011 Tanya Ní Mhuirthile (2011) Trans GID/GD Awareness Week Paper: Recognising Preferred Gender in Ireland: The Challenges and Opportunities University College Cork, Cork, .
2011 Tanya Ní Mhuirthile (2011) LGBT Rights Open Forum Paper: Introducing Gender Recognition Legislation to Ireland: An Analysis of the Proposed Legislative Framework’ University College Cork, Cork, .
2010 Tanya Ní Mhuirthile (2010) Annual Meeting of the Androgyen Insensitivity Syndrome Support Group Paper: Intersex Individuals and the Law: Questions of Legal Gender Recognition and Adoption Rights for Intersex People in the UK and Ireland’ Buckinghamshire, UK, .
2010 Tanya Ní Mhuirthile (2010) Trans Training Paper: Current Law on Gender Recognition in Ireland TENI, DUblin, .
2009 Tanya Ní Mhuirthile (2009) Transforming Attitudes Paper: The Right to Gender Recognition: How to Ensure its Vindication in Irish Law? TENI, Dublin, .
2017 Tanya Ní Mhuirthile (2017) Legal Research Methods Workshop Integrating a Feminist Approach in Legal Research University of Limerick, .
2015 Tanya Ní Mhuirthile (2015) Northern/Irish Feminist Judgments Project: The Embodied Subject Foy v An tArd Chlaraitheoir (No 1) (2002) IEHC 116 Griffith College, Dublin, .
2013 Tanya Ní Mhuirthile (2013) E.MA.in Rights and Democratisation Paper: Intersex and Human Rights EIUC, Venice, .
2013 Tanya Ní Mhuirthile (2013) Minority Rights Paper: Sexual Minorities and Human Rights Irish Centre for Human Rights, NUI Galway, .
2013 Tanya Ní Mhuirthile (2013) The Regulation of Biotechnology Paper: Legal Gender Recognition: A Critique of the Reliance of Technology to Ascertain Legal Identity Law Faculty, NUI Galway, .
2013 Tanya Ní Mhuirthile (2013) The ECHR and Ireland: 60 Years and Beyond Article 8 and the Realisation of the Right to Legal Gender Recognition Dublin, .
2013 Tanya Ní Mhuirthile (2013) Interrogating Progress and Modernity: Explorations in Law Science and Technology Legal Gender Recognition: Challenges and Opportunities University of Canterbury, Kent, .
2013 Tanya Ní Mhuirthile (2013) E.MA.in Rights and Democratisation Paper: Gender Recognition EIUC, Venice, .
2012 Tanya Ní Mhuirthile (2012) Staff Research Seminar Series, DCU Paper: A Critique of the Proposed Legislative Scheme for the Introduction of Gender Recognition Legislation in Ireland’ DCU, .
2008 Tanya Ní Mhuirthile (2008) Equality and the Law Seminar Paper: The Right to Gender Recognition in Ireland Outhouse, Dublin, .
2007 Tanya Ní Mhuirthile (2007) Union of Students in Ireland Pink Training Conference Paper: The Potential Impact of the Foy Case on Irish Law University College Cork, Cork, .
2017 Tanya Ní Mhuirthile (2017) The Law and Politics of Brexit International Conference on the Law and Politics of Brexit Dublin City Univeristy, .
2015 Tanya Ní Mhuirthile (2015) Irish Innocence Project Conference on Wrongful Convictions, Human Rights and the Student Learning Experience’ Conference of the Irish Innocence Project Griffith College, Dublin, 26/06/2015-27/06/2015.
2015 Tanya Ní Mhuirthile (2015) Northern / Irish Feminist Judgments Project’ Workshop: The Embodied Subject Griffith College, Dublin, .
2010 Tanya Ní Mhuirthile (2010) Gender Equality, Citizenship and Multiculturalism in Contemporary Europe Final Conference of Project Gender Equality, Citizenship and Multiculturalism University College Cork, Cork, 01/09/2010-.
2015 Tanya Ní Mhuirthile (2015) Irish Innocence Project Conference on Wrongful Convictions, Human Rights and the Student Learning Experience International Conference of the Irish Innocence Project Griffith College, Dublin, 26/06/2015-27/06/2015.
2017 Tanya Ní Mhuirthile (2017) Political Studies Association of Ireland Annual Conference 2017 Gender Recognition on the Island of Ireland Dublin, DCU All Hallows Campus, .
2016 Tanya Ní Mhuirthile (2016) After the Recognition of Intersex Human Rights Paper: Recognising Intersex Human Rights in Ireland: A Reflection on the Introduction and Impact of the Gender Recognition Act 2015 University of Surrey, Guilford, Surrey, .
2013 Tanya Ní Mhuirthile (2013) IALT Annual Conference Legislating for Gender Recognition Kilkenny, .
2010 Tanya Ní Mhuirthile (2010) Good Sex, Bad Sex: Sex Law, Crime and Ethics Paper: The Right to Gender Recognition: Sex, Gender, and Legal Status' Prague, .
2010 Tanya Ní Mhuirthile (2010) Post-Graduate and Early Career Workshop with Professor Lois McNay Paper: Introducing Legislation Prohibiting Female Genital Mutilation in Ireland: Recognition of a Requirement for Protection or Regulating Religious and Cultural Practice? University College Cork, Cork, .
2008 Tanya Ní Mhuirthile (2008) CCJHR Postgraduate Conference Paper: The Medical Management of Intersex: A Human Rights Critique’ University College Cork, Cork, .
2008 Tanya Ní Mhuirthile (2008) Postgraduate Research Seminar Paper: Intersexuals and the Law: A Case for Reform University College Cork, Cork, .
2007 Tanya Ní Mhuirthile (2007) Gender Unbound Paper: Intersexuality and the Law in Ireland’ Keele University, .
2007 Tanya Ní Mhuirthile (2007) CCJHR Postgraduate Conference Paper: Embodiment in Article 8 of the ECHR: A Potential Resolution for the Challenge posed by the Intersexed’ University College Cork, Cork, .
2006 Tanya Ní Mhuirthile (2006) UCC Law Faculty Staff/Student Seminar Paper: A Challenging Conundrum: Legal Recognition for the Intersexed University College Cork, Cork, .
2014 Tanya Ní Mhuirthile (2014) IALT Annual Conference Legislating for Gender Recognition in Ireland: An Analysis of the work of Lawyers and Activists Kilkenny, Ireland, .
2016 Tanya Ní Mhuirthile (2016) Review of the Operation of the Gender Recognition Act: Public Consultation Public meeting to inquire into the operation of the Gender Recognition Act 2015 DCU, 11/07/2016-.
2016 Tanya Ní Mhuirthile, James Gallen (2016) State Accountability for Vulnerability International Conference on State Accountability for Vulnerability DCU, 09/09/2016-.
2013 Tanya Ní Mhuirthile, Claire Hogan (2013) The Financial Crisis Five Years On: A Critical Reflection’ A reflection on th eimpact and legal response to the financial crisis of 2008 Griffith College, Dublin, 18/10/2013-.
2010 Tanya Ní Mhuirthile (2010) Towards a Gender Recognition Framework for Ireland’ A symposium as part of IRCHSS funded Project Gender Equality, Citizenship and Multicultrualism University College Cork, Cork, 14/05/2010-.
2010 Tanya Ní Mhuirthile (2010) Seminar on the Work of Martha Fineman Paper: Realising Gender Recognition: Rendering the Vulnerable Visible or Further Vulnerabilisng the Invisible? University College Dublin, Dublin, .
2010 Tanya Ní Mhuirthile (2010) Towards a Gender Recognition Framework for Ireland Paper: Framing Gender Recognition for Ireland University College Cork, Cork, .
Certain data included herein are derived from the © Web of Science (2021) of Clarivate. All rights reserved.

Professional Associations

Association Function From / To
Transgender Equality Network Ireland Legal Consultant -
European Network for Psychological Studies in Intersex/DSD Member 01/09/2016 -
Irish Association of Law Teachers Member -
IntersexUK Founder Member and Legal Consultant -

Committees

Committee Function From / To
Gender Recognition ACt 2015 Review Group Appointed by Minister for Employment Affairs and Social Protection, Regina Doherty TD as an external member of this group to undertake a review of the operation of the Gender Recognition Act 2015. 03/11/2017 -
Gender Recognition Review Working Group Established by Transgender Equality Network Ireland, this Working Group is charged with undertaking a consideration of the operation of the Gender Recognition Act 2015. It aims to provide TENI with research and advocacy strategies to inform the review process included in the legislation and to lobby and advocate for amendments where necessary. 01/03/2016 -
Council of the Irish Association of Law Teachers 01/11/2013 - 30/10/2015
Gender Recognition Legislation Legal Working Group The GRL Legal Working group was established by Transgender Equality Network Ireland 2010. It provided legal advice and draft wording for legislation and legislative amendments to enable TENI advocate for rights respecting legislation on gender recognition in Ireland. 01/06/2010 - 31/07/2015
Board of Directors, Transgender Equality Network Ireland 01/03/2010 - 28/02/2013

Employment

Employer Position From / To
Law Faculty, University College Cork Post-Doctoral Fellow 01/02/2011 - 31/08/2011
Law Faculty, University College Cork Assistant Lecturer 01/01/2008 - 30/09/2009
Law Faculty, University College Cork College Lecturer 01/09/2011 - 31/08/2012
Law Faculty, Griffith College Senior Lecturer & Director of Undergraduate Programmes 01/09/2012 - 31/08/2015
Law Faculty, Griffith College Cork Lecturer and Programme Director Law 01/09/2006 - 31/12/2008
Law Faculty, University College Cork IRCHSS Post-Doctoral Research Fellow 01/10/2009 - 30/09/2010

Education

Start date Institution Qualification Subject
University College Cork LLB
Royal Conservatoire of Scotland Masters of Drama
University College Cork BCL
University College Cork PhD

Outreach Activities

Year Engagement Type Organisation Description
Meetings with Senators and TDs regarding tabling amendments to the Gender Recognition Bill 2014, January, February and March 2015
2017 Formal Written Submission to Minister for Equality on the Wordings of Heads 10 and 11 of the General Scheme of the Equality / Disability (Miscellaneous Provisions) Bill 2016, October 12th 2016
Advised Minister of State for Equality, David Stanton, TD, about wording of General Scheme of the Equality / Disability (Miscelleaneous Provisions) Bill 2016, September 2016
Meeting with Minister James Reilly regarding the impact of the Gender Recognition Bill 2014 on children and young people, February 2015
Advised Senator Katherine Zappone on drafting of Legal Recognition of Gender Bill 2013
Advised Aonghus Ó Snodaigh TD on the drafting of the Gender Recognition Bill 2013
Addressed the Joint Oireachtas Committee on Education and Social Protection on the introduction of Gender Recognition Legislation for Ireland, December 2012
Meeting with Mary White TD, the Junior Minister for Equality, Integration and Human Rights (14/07/10)
Submission ‘Towards a Gender Recognition Framework for Ireland: A Submission on the Potential Legislative Scheme’ to the Gender Recognition Advisory Group, September 2010
Advised the Office of the UN HCHR on the introduction of gender recognition legislation in Ireland, April 2015.
Addressed the Joint Oireachtas Committee on Education and Social Protection on the Heads of Bill of the Gender Recognition Bill, 2013, October 2013.
Meeting with Minister of State Kevin Humphreys to discuss the Revised General Scheme for the Gender Recognition Bill, 2014, September 2014
Meeting with Senior Civil Servants, Department of Social Protection, June 2012
Addressed a Sidebar Meeting at Labour Party Conference on introduction of Gender Recognition Legislation, April 2011.
Submission ‘Reforming Laws on Female Genital Mutilation in Ireland: Responding to Gaps in Protection’ (with Mullally S) to Minister for Health and Children’s FGM Bill Consultation, August 2010.

Research Interests

My research interrogates the impact which law’s conception of corporeality has on certain types of bodies and reflexively, the issues which particular interventions on bodies raise that challenge certain assumptions of the law. Therefore it is quite interdisciplinary with a primary focus on law but drawing from medicine, ethics, sociology and history. The main legal areas which my research covers are consent in medical law and ethics and human rights law which I consider through the lens of gender, sexuality and law.

There are three main themes to my research. The first, building on my doctoral work considers the parameters within which law conceptualises gender recognition for legal purposes. Using human rights arguments around dignity, privacy and self determination as a basis, I have argued for a depathologisation of legal gender recognition. Conceiving legal recognition of gender within a medical model, I contend, conflates medical treatment pathways with access to legal rights such that the former acts as a barrier to the later. Much of my work in this area in the past few years has focused on policy development and advising both the Minister for Social Protection, the Minister for Children and Youth Affairs, other Oireachtas members, NGOs and UN officials on drafting gender recognition legislation.

The second theme also builds on work undertaken as part of my doctoral studies and research conducted as a postdoctoral fellow on an IRCHSS funded project Gender Equality, Multiculturalism and Religious Diversity in Contemporary Ireland at the School of Law in UCC. It investigates whether it is possible to martial medical law principles on consent both to protect vulnerable people from potentially unwanted medical or surgical interventions which would permanently alter their bodies while simultaneously ensuring that autonomous adults can consent to such permanent alterations. Thus far this theme has interrogated issues such as consent to treatment for intersex children and the creation of legislative frameworks to protect against female genital mutilation practices. Under this theme, my research also examines emerging medical technologies, such as in the area of womb transplantation and assisted human reproduction, to uncover the limits or opportunities which law’s understanding of the ‘acceptable’ body might place on the regulatory or legislative framework surrounding such innovations.

The final strand of my research has developed from my teaching interest in legal systems and skills. I have become interested in exploring the role of legal education in legal systems. In particular, I am intrigued by the transformative potential of law as a tool for social justice and uncovering the extent to which this underpins both the structures of the legal system and the education of future lawyers. To this end I have written a book with Liam Thornton and Catherine O’Sullivan for Round Hall Press Fundamentals of the Irish Legal System: Law, Policy and Politics which will be published in 2016.

Teaching Interests

Tanya holds a Post Graduate Diploma in Training and Education (QQI, 2015).

She believes in the importance of research led and research informed teaching. Consequently her core teaching interests are in the areas of human rights law, law and gender theory, medical and health law and regulation, law and bodies and legal systems.  She also teaches the Law of Equity and Trusts Law.

Modules Coordinated

Term Title Subject
2020 Equity LG324