The Rights of Elders in Ireland during COVID-19

Research output: Contribution to journal › Journal article › Research › peer-review

Standard

The Rights of Elders in Ireland during COVID-19. / Ó Cathaoir, Katharina; Rognlien, Ida Gundersby.

In: European Journal of Health Law, Vol. 28, 2021, p. 81-101.

Research output: Contribution to journal › Journal article › Research › peer-review

Harvard

Ó Cathaoir, K & Rognlien, IG 2021, 'The Rights of Elders in Ireland during COVID-19', European Journal of Health Law, vol. 28, pp. 81-101. https://doi.org/10.1163/15718093-BJA10035

APA

Ó Cathaoir, K., & Rognlien, I. G. (2021). The Rights of Elders in Ireland during COVID-19. European Journal of Health Law, 28, 81-101. https://doi.org/10.1163/15718093-BJA10035

Vancouver

Ó Cathaoir K, Rognlien IG. The Rights of Elders in Ireland during COVID-19. European Journal of Health Law. 2021;28:81-101. https://doi.org/10.1163/15718093-BJA10035

Author

Ó Cathaoir, Katharina ; Rognlien, Ida Gundersby. / The Rights of Elders in Ireland during COVID-19. In: European Journal of Health Law. 2021 ; Vol. 28. pp. 81-101.

Bibtex

@article{4799cad5be7e4508ad44fdb8b60895f9,
title = "The Rights of Elders in Ireland during COVID-19",
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 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.",
keywords = "Faculty of Law, COVID-19, Ireland, Elder law, Elder rights, Right to private and family life, ECHR",
author = "{{\'O} Cathaoir}, Katharina and Rognlien, {Ida Gundersby}",
year = "2021",
doi = "10.1163/15718093-BJA10035",
language = "English",
volume = "28",
pages = "81--101",
journal = "European Journal of Health Law",
issn = "0929-0273",
publisher = "Brill - Nijhoff",

}

RIS

TY - JOUR

T1 - The Rights of Elders in Ireland during COVID-19

AU - Ó Cathaoir, Katharina

AU - Rognlien, Ida Gundersby

PY - 2021

Y1 - 2021

N2 - 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 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.

AB - 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 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.

KW - Faculty of Law

KW - COVID-19

KW - Ireland

KW - Elder law

KW - Elder rights

KW - Right to private and family life

KW - ECHR

U2 - 10.1163/15718093-BJA10035

DO - 10.1163/15718093-BJA10035

M3 - Journal article

C2 - 33652383

VL - 28

SP - 81

EP - 101

JO - European Journal of Health Law

JF - European Journal of Health Law

SN - 0929-0273

ER -

ID: 253201788