‘THIS IS NO COUNTRY FOR OLD (WO)MEN’? AN EXAMINATION OF THE APPROACH TAKEN TO CARE HOME RESIDENTS DURING THE COVID-19 PANDEMIC

• Published in: Medical law review Vol. 31; no. 1; pp. 25 - 46
• Main Author: Ó Néill, Clayton
• Format: Journal Article
• Language: English
• Published: England Oxford University Press 27.02.2023
• Subjects: Adult care facilities; Care; COVID-19 Pandemic (2020-); Human rights; Old age homes; Older people; Original; Social distancing (Public health); UNITED KINGDOM; COVID-19; Visitation; Limitations; Restrictions; Human Rights; Care homes
• DOI: 10.1093/medlaw/fwac023
• ISSN: 0967-0742

ABSTRACT This article discusses the human rights of residents in care homes in England who were affected by restrictions that were imposed during the first months of the COVID-19 pandemic in order to safeguard health and life at a time of public health emergency. It focuses on the potentially adversarial relationship between the need to protect the health of these residents and the possible adverse interferences with their human rights in the initial phase of the pandemic. The scope and application of these rights to the healthcare context is not straightforward due to the exigencies of the pandemic. Consideration is given to whether their rights, as protected by the European Convention on Human Rights (ECHR) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are vindicated or breached by the actions taken in the context of the COVID-19 pandemic. The article questions whether the restrictions that were applied were justified, given the limitations that exist within some ECHR Articles. It deliberates upon what can be done to ensure that relevant bodies and care homes, themselves, are better enabled to respond to a public health emergency in an individualistic, rights-based manner, based upon both principlism and pragmatism.