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.
as a valuable
medical resource for diagnosis and research as a result of which the Minister
paused the destruction order pending advice from the Attorney General. At the
time of writing, approximately 30,000 cards have been returned to those who
requested them and the Attorney General’s advice has not been made public.
The future of the existing archive therefore remains uncertain.
This chapter will consider the ownership of newborn screening cards and
DONNELLY 9780719099465 PRINT.indd 135
the blood spots retained on
Examining Ireland’s failure to regulate embryonic stem cell research
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the greater the moral status that society affords the embryo, the greater the
justification required before the embryo can be destroyed for ESCR (Holm,
2002). So what could this common morality be?
If the common morality views an embryo as a human being from fertilisation
then destroying it for research purposes would contravene the sanctity of
life and therefore require a restrictive approach to ESCR. Such an approach
is taken by some religions, notably
important for parents and
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those who design, conduct and approve research, to ensure they have a clear
understanding of their obligations with respect to children in this context.
Clinical trials in Ireland: the current legal framework
The main legal instrument in the area of clinical trials in Ireland is the
European Communities (Clinical Trials on Medicinal Products for Human
Use) Regulations, 2004 (EC Regulations 2004). This implements the Clinical
Trials Directive 2001 (Directive 2001
practice backgrounds in
ethics, law and medicine. From these conversations, it became clear that the
Irish health system is confronted by a range of challenges, both emerging and
recurring, and that, because the system is fluid and dynamic, these cannot be
DONNELLY 9780719099465 PRINT.indd 2
resolved by simple or one-dimensional solutions. This understanding informs
the chapters in this book.
The book has four parts, organised around four interlinking themes: context and care; rights and responsibilities; regulatingresearch; and
Cell Laboratory’, in De Vries et al. (eds), The View from Here,
79 Doris T. Zallen, ‘RegulatingResearch: A Tale of Two Technologies’,
Technology and Society, Vol. 11 (1989) pp. 377–86 (p. 377). See also
Rose, The Politics of Life Itself.
80 Andrew Abbott, The System of Professions: An Essay on the Division
of Expert Labor (Chicago and London: University of Chicago Press,
81 Harry Collins and Robert Evans, Rethinking Expertise (Chicago and
London: University of Chicago Press, 2007) p. 4. Collins and Evans
attribute the question ‘Who guards the