School of Law

Projects

Professor Thérèse Murphy

I’m conducting interviews with members of the UK’s Human Fertilisation & Embryology Authority. Interviewing is not something I have done before, so I am learning a range of new skills. But the interviews are stimulating and I’m part of a great team, working with colleagues from three other UK universities.

The interviews fit within a funded project we’re calling ‘Inside ELSI’. The acronym ELSI stands for ‘ethical, legal and social implications’. It stems from the Human Genome Project, and it was designed to spark fresh thinking on how best to regulate new health technologies. What ELSI suggests is that it’s foolish to have a model based on ‘science first, implications later’; ELSI and the science need to be interwoven. My project, Inside ELSI, looks at actual practices within key regulatory bodies. We’ve started with the internationally-respected Human Fertilisation & Embryology Authority, and we plan to extend our focus over time.   

My other key project involves desk-based research; mainly reading and analysing lots of court decisions. It asks: how does the European Court of Human Rights see the relationship between law and bioethics? I’m looking forward to feedback on this research from those I’ll be meeting at an expert workshop at the University of Connecticut this October. I’ll also be presenting the research to audiences in Australia whilst I’m a Visiting Professor at the Castan Centre for Human Rights at Monash University in 2016.    

 Dr Mark Flear

I’m currently working on what I call the ‘Bad Blood Project’. This project looks at the bans or deferrals on blood donation by ‘men who have sex with men’ (MSM). The project is really in the early days – but the great thing is I’m already learning a lot about what is, for me, a new topic. What really excites me about the project is the chance to explore law/science/society relationships. I’m also developing a really great network including colleagues in other universities and policymakers around Europe.

I continue to be interested in European law and new health technologies, which was the focus of an exciting ESRC-funded project I worked on with Thérèse, Prof Tammy Hervey (Sheffield) and Dr Anne-Maree Farrell (then at Manchester, now at Monash in Australia). We ran a really stimulating series of seminars, developed a wide network including scholars and regulators from across Europe, and published a book with OUP at the end of the project. It was great working as a team on a new area.

I draw on the expertise I developed during the project in my role as a member of the Northern Ireland DNA Database Governance Board. I also use it to teach about law and new health technologies, both here at QUB Law and elsewhere. So, for example, in the summer of 2015 I taught in the European Health Observatory Summer School at the Erasmus Universiteit Rotterdam.

Dr Clemens Rieder

I am interested in the concept of solidarity as a basis for health law. The question which currently haunts me in particular is whether a conceptually plausible, or even convincing, answer can be found that solidarity can be scaled up from the national to the supranational level. What stands in between the national and the supranational level are boundaries, which constitute the second leg of my current research interest. At the moment I am writing an article which seeks to contextualise boundaries in relation to national health care systems.

Dr Amrei Müller

I am conducting research for the project ‘Healthcare in conflict: Do armed groups have obligations and responsibilities?’ funded by a three-year Leverhulme Trust Early Career Fellowship.

The aim of the project is to critically examine the obligations and responsibilities of non-state armed groups to secure access to health care of populations under their influence or control in armed conflicts, and how these relate to the obligations and responsibilities of states and international organisations. By clarifying these obligations and responsibilities, the project aims to improve the provision of health services to conflict-affected populations.


Cross-Border Movement of Patients in the EU: A Re-Appraisal

European Journal of Health Law, forthcoming

by Clemens Rieder

Courts and EU Health Law and Policies

Research Handbook in EU Health Law and Policy, Hervey and Young eds, forthcoming

by Clemens Rieder
Human Rights, Solidarity and Patient Migration

Solidarity in EU Law: Legal Principle in the Making, Biondi et al. eds,forthcoming

by Clemens Rieder
The Application and Interpretation of the EU Charter in the Context of Cross-Border Movement of Patients

Columbia Journal of European Law 22: 451-482, 2016

by Clemens Rieder

Human Rights in Technological Times 

Oxford Handbook on the Law and Regulation of New Technologies, Brownsword, Yeung & Scotford eds, forthcoming

by Thérèse Murphy

Governing Public Health: EU Law, Regulation and Biopolitics, 2015

by Mark Flear

Kinship: Born and Bred (But Also Facilitated)? A commentary on the Nuffield Council’s report on donor conception

Medical Law Review 22: 422-433, 2014

by Thérèse Murphy & Ilke Turkmendag

Clinical Trials Abroad: The Marketable Ethics, Weak Protections and Vulnerable Subjects of EU Law  Cambridge Yearbook of European Legal Studies, Albors-Llorens, Armstrong & Gehring eds, 2014

by Mark Flear

Health and Human Rights, 2013

by Thérèse Murphy

European Law and New Health Technologies, 2013

edited by Mark Flear, Anne-Maree Farrell, Tamara Hervey & Thérèse Murphy

Regulatory or Regulating Publics? The European Union’s Regulation of Emerging Health Technologies and Citizen Participation

Medical Law Review 21: 39-70, 2013

by Mark Flear & Martyn Pickersgill

The Body, Bodies, Embodiment: Feminist Legal Engagement with Health

Ashgate Research Companion on Feminist Legal Theory, Davies & Munro eds, 2013

by Thérèse Murphy & Marie Fox

Public Health Sans Frontières: Human Rights NGOs and Stewardship on a Global Scale

Northern Ireland Legal Quarterly 62: 659-675, 2011

by Thérèse Murphy

Works in Progress: New Technologies and the European Court of Human Rights

Human Rights Law Review 10: 601-638, 2010

by Thérèse Murphy and Gearóid Ó Cuinn

Debate and Dialogue: Embryonic Hopes

Social & Legal Studies 19: 497-517, 2010

by Marie Fox, Sarah Franklin, Marie-Andree Jacob, Barbara Prainsack & Thérèse Murphy

New Technologies and Human Rights, 2009

edited by Thérèse Murphy

Is Human Rights Prepared? Risk, Rights and Public Health Emergencies

Medical Law Review 17: 219-244, 2009

by Thérèse Murphy & Noel Whitty

The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law - An Analysis of Health-related Issues in Non-International Armed Conflicts, 2013

by Amrei Müller

The Influence of the ICESCR in Europe: Broad Trends and Challenges

The Human Rights Covenants at 50, Keller and Moeckli eds, forthcoming

by Amrei Müller

The Minimum Core Approach to the Right to Health: Progress and Remaining Challenges

The Right to Health, Bielefeldt and Frewer eds, forthcoming

by Amrei Müller

Die Konkretisierung von Kernbereichen des Menschenrechts auf Gesundheit (The Concretisation of the Minimum Core of the Right to Health)

Das Menschenrecht auf Gesundheit (The Human Right to Health), Bielefeldt and Frewer eds, 2016

by Amrei Müller

The Right to Health and International Humanitarian Law: Parallel Application for Building Peaceful Societies and the Prevention of Armed Conflict

Wisconsin International Law Journal 32: 415-456, 2014

by Amrei Müller

States’ Obligations to Mitigate the Direct and Indirect Health Consequences of Non-International Armed Conflicts: Complementarity of IHL and the Right to Health

International Review of the Red Cross 95 (889): 129-165, 2013

by Amrei Müller

Remarks on the Venice Statement on the Right to Enjoy the Benefits of Scientific Progress and its Applications (Article 15(1)(b) ICESCR)

Human Rights Law Review 10: 765-787, 2010

by Amrei Müller