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Shaun T. O’Keeffe

7 Older people, human rights, law and policy Mary Keys Introduction There is general recognition that the population of the world is ageing faster than at any other time in history and those over 60 are the fastest growing population worldwide. Almost 700 million people are now over 60. In 2050, that figure will be over 2 billion and for the first time in human history, there will be more people over 60 than children in the world­– ­more than one in five of the world’s population will be aged 60 or older (UN DESA, 2012). Gender is an issue in the midst of these

in Ethical and legal debates in Irish healthcare
Mary Keys

). There is no review requirement in such cases and the Law Reform Commission (2005: 92) has noted: It is arguable that statutory provision for a person who has been made a Ward of Court to apply to the High Court to be discharged from wardship does not constitute an adequate review mechanism to address continuing detention in a long stay care facility or psychiatric residence having regard to case-­law concerning Article 5 of the ECHR (European Convention on Human Rights). An alternative approach is through the parens patriae jurisdiction of the High Court which

in Ethical and legal debates in Irish healthcare
Enacting human rights in mental health care in Ghana
Ursula M. Read

rehabilitation, rather than confinement, the operation provoked a backlash from Human Rights Watch (HRW) and other international agencies. HRW declared that enforcing the involuntary treatment of homeless persons was a breach of their human rights. However, Dr Osei robustly defended the operation by remarking that he was merely fulfilling the mandate of Ghana's Mental Health Act, which had been passed two years previously. A media report quoted him citing from the Act: ‘The Mental Health Act 846 of 2012, Section 73, and Subsection 1–7 on “Mentally ill found in public places

in Global health and the new world order
Confronting complexities

The Irish health system is confronted by a range of challenges, both emerging and recurring. In order to address these, it is essential that spaces are created for conversations around complex ethical and legal issues. This collection aims to provide a basis for ongoing engagement with selected issues in contemporary Irish health contexts. It includes contributions from scholars and practitioners across a range of disciplines, most particularly, ethics, law and medicine.

The focus of the collection is interdisciplinary and the essays are situated at the intersection between ethics, law and medicine. Important issues addressed include admission to care homes; assisted suicide; adolescent decision-making; allocation of finite resources; conscientious objection; data protection; decision-making at the end of life; mental health; the rights of older people; patient responsibilities; stem cell research; the role of carers; and reproductive rights. From these discussion, the collection draws out the following interlinking themes, addressing difference; context and care; oversight and decision-making; and, regulating research.

The essays are theoretically informed and are grounded in the realities of the Irish health system, by drawing on contributors’ contextual knowledge.

This book makes an informed and balanced contribution to academic and broader public discourse.

Abstract only
Mary Donnelly and Claire Murray

this timidity, Ireland has not signed or ratified the Oviedo Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine 1997 (Convention on Human Rights and Biomedicine) and expert reports, such as the Report of the Commission on Assisted Human Reproduction (2005) and the Irish Council for Bioethics Opinion on Stem Cell Research (2008), were allowed to remain dormant. This inaction has negative consequences not just DONNELLY 9780719099465 PRINT.indd 1 12/10/2015 15:59 2 Ethical and legal

in Ethical and legal debates in Irish healthcare
The relationship between the courts and mental health tribunals
Darius Whelan

14 The courts and mental health tribunals Protecting rights in mental health law: the relationship between the courts and mental health tribunals Darius Whelan Introduction Mental health law, and in particular the law concerning involuntary detention, has been a subject of protracted debate in Irish society. The European Court of Human Rights (ECtHR) held in Winterwerp v. The Netherlands (1979–80) 2 EHRR 387 that, except in emergency cases, the decision to detain a ‘person of unsound mind’ must be supported by objective medical expertise, the mental disorder

in Ethical and legal debates in Irish healthcare
Claire Murray

) must DONNELLY 9780719099465 PRINT.indd 44 12/10/2015 15:59 Why care about carers? 45 look beyond liberalism, while still respecting the core values of autonomy and liberty, to ‘seek conditions that are just to the caregiver as well as conducive to good care and justice for the charge’ (Kittay, 2001: 562). Human rights context Article 8 of the European Convention on Human Rights (ECHR) protects the right to private and family life. This has been recognised as giving rise to rights for carers on their own behalf in England and Wales in the case of R (A and B, X

in Ethical and legal debates in Irish healthcare
Addressing the gaps in the legal framework
Katherine Wade

Sciences, International Ethical Guidelines for Biomedical Research Involving Human Subjects, 2002 (CIOMs Guidelines 2002). Guidance can also be drawn from human rights instruments developed by the Council of Europe, in particular the Convention on Human Rights and Biomedicine (Oviedo Convention 1997) and the Additional Protocol Concerning Biomedical Research (Additional Protocol 2005). However, Ireland has not ratified either of these instruments and therefore they are not legally binding in Ireland. This means that while clinical trials with IMPs are governed by legal

in Ethical and legal debates in Irish healthcare
Ruth Fletcher

provision (Doctors for Choice, 2014). In this chapter, I draw these different threads together to argue for a reframing of CO as an exercise in critical consciousness within a harm reduction framework. I reflect on the European Convention on Human Rights (ECHR) and comparative jurisprudence and policy in fleshing out a framework for interpreting the section 17 right in the PLDPA not to ‘carry out, or to assist in carrying out, any medical procedure referred to in section 7(1) or section 9(1)’ on grounds of CO. Both sections refer to medical procedures ‘in the course of

in Ethical and legal debates in Irish healthcare
Claire Beaudevin, Jean-Paul Gaudillière, Christoph Gradmann, Anne M. Lovell, and Laurent Pordié

innovative screening and treatments, such as medical genetics. In all areas, global health carries a series of assumptions – from the primacy of metrics and evidence-based practices to the incorporation of human-rights and poverty-eradication principles – that seem to oppose the earlier era of international health and development. This volume moves beyond acknowledgements of the discursive prominence of global health to examine deep transformations regarding the actors, the targets and the tools involved in the governance of health at the international

in Global health and the new world order