Save

The Rights of Elders in Ireland during COVID-19

In: European Journal of Health Law
Authors:
Katharina Ó Cathaoir Faculty of Law, University of Copenhagen Copenhagen Denmark

Search for other papers by Katharina Ó Cathaoir in
Current site
Google Scholar
PubMed
Close
and
Ida Gundersby Rognlien Faculty of Law, University of Copenhagen Copenhagen Denmark

Search for other papers by Ida Gundersby Rognlien in
Current site
Google Scholar
PubMed
Close
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution

Purchase

Buy instant access (PDF download and unlimited online access):

$40.00

Abstract

This article reflects on COVID-19 restrictions imposed on elders in Ireland through the lens of the right to private and family life (Article 8 ECHR), focusing on stay at home orders and recommendations advising elders to avoid social contact. Furthermore, we examine restrictions on visiting nursing homes given the high death toll in that setting. In our analysis, we zero in on the principles of foreseeability and proportionality, highlighting areas of concern and aspects that we submit should be considered in a proportionality assessment. Ultimately, we argue that it is a mistake to view the COVID-19 pandemic solely as an emergency. In this manner, the solutions suggested through the law – restrictions on movement and visitation bans – are too narrow and fail to address the underlying structures, such as, issues in the healthcare system, the limited home help for elderly and poor conditions in nursing homes.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 2125 788 44
Full Text Views 1107 12 1
PDF Views & Downloads 1224 11 1