Abstract

People enter residential care for a wide variety of reasons, with many people stating they would prefer to live in their own homes. Lack of community resources may lead to an older person entering residential care against their stated will and preferences. Recent case law in Ireland has established that outside of the Mental Health Act (2001) and for infection control purposes the 1947 Health Act, there is no legal provision in Irish healthcare which allows for a person to be detained against their will. The Assisted Decision Making (Capacity) Act 2015 is a key piece of legislation to enable Ireland to ratify the United Nations Convention on the Rights of Persons with Disabilities. Deprivation of liberty safeguards are to be inserted into this Act (part 13) to give statutory provision to ensure that a person lacking capacity is not unlawfully detained. Where a person is under continuous supervision and control, not free to leave...this could be seen as a deprivation of their liberty and violation of their human rights under Article 40.4 of the Irish Constitution, Article 5 of the European Convention on Human Rights and Article 14 of the United Nations Convention on Rights for Persons with Disabilities.

Author Details

Florence Horsman Hogan, RGN, RSCN, MSc (hons) Healthcare Ethics and Law MSc Nursing (Advanced Leadership. Fellow of the Faculty of Nursing Royal College of Surgeons in Ireland. Currently works as a Quality and Patient Safety Manager in Care of the Older Person.

Sigma Membership

Non-member

Type

Thesis

Format Type

Text-based Document

Study Design/Type

Other

Research Approach

Other

Keywords:

Deprivation of Liberty, Ethics, Law, Older Persons, Ireland

Advisor

Mary Kirwin

Degree

Master's

Degree Grantor

Royal College of Surgeons in Ireland

Degree Year

2019

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License.

Rights Holder

All rights reserved by the author(s) and/or publisher(s) listed in this item record unless relinquished in whole or part by a rights notation or a Creative Commons License present in this item record.

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All submitting authors or publishers have affirmed that when using material in their work where they do not own copyright, they have obtained permission of the copyright holder prior to submission and the rights holder has been acknowledged as necessary.

Review Type

None: Degree-based Submission

Acquisition

Self-submission

Date of Issue

2022-06-17

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