| Popis: |
It is a fundamental constitutional principle that no citizen may be deprived of their personal liberty except in accordance with the law. However, it is common practice that some people are not free to leave health or social care facilities, often because staff feel they lack the capacity to make this decision and that it is not safe, or not otherwise in their best interests, to do so. Since the decision of the Supreme Court in AC v Cork University Hospital [2019] IESC 73, we have a much clearer indication of what is (and is not) legally permissible. This greater clarity reveals the inadequacy of the current legal framework and the urgent need for the Government to progress promised legislation to provide better protection for liberty rights of people admitted to hospitals, nursing homes and other residential care facilities. This chapter explores the treatment of the right to liberty in the decision in AC v CUH, examines the implications of this decision for health and social care practices and reiterates the need for urgent action by Government. |
