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 -