Deprivation of liberty relating to detention in Irish residential care centres for the older person; A legal and ethical analysis
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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.
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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.
This places healthcare providers and healthcare professionals in a very onerous position with regard to vindicating the rights of the older person with regard to living in a residential care services. Duty of care may clash with ‘will and preference’. To fulfil the requirements to avoid unlawful detention under constitutional and human rights law…Healthcare providers and healthcare professionals must open the narrative on deprivation of liberty by using a human rights based approach and establishing the will and preference of the older person in regard to entering or remaining in Long Term Care.
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This item has not gone through this repository's peer-review process, but has been accepted by the indicated university or college in partial fulfillment of the requirements for the specified degree.
Type | Thesis |
Acquisition | Self-submission |
Review Type | None: Degree-based Submission |
Format | Text-based Document |
Evidence Level | Other |
Research Approach | Other |
Keywords | Deprivation of Liberty; Ethics; Law; Older Persons; Ireland |
Grantor | Royal College of Surgeons in Ireland |
Advisor | Kirwin, Mary |
Level | Master's |
Year | 2019 |
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