A.B. -v- C.D. [2016] IEHC 541 (03 October 2016)

A.B. -v- C.D. [2016] IEHC 541 (03 October 2016)

A prisoner in custody under a court order is not entitled to refuse medical or surgical treatment where such refusal would put his life at risk and thereby frustrate the verdict and order of the court; the rights to autonomy, privacy, and bodily integrity are qualified by the prisoner's status and liability to undergo sentence, and medical necessity justifies forced treatment in these circumstances.

Citation
[2016] IEHC 541
Parties
Plaintiff: A. B.; Defendant: C. D.
Jurisdiction
Ireland
Judgment Date
03 October 2016
Procedural Posture
Interlocutory Application / Interlocutory Order
Outcome
interlocutory order granted
Legal Topics
Prisoners' Rights, Forced Medical Treatment, Bodily Integrity, Autonomy, Inherent Jurisdiction, Capacity to Consent, Public Policy, Reporting Restrictions
Constitutional Law Prison Law Medical Law Human Rights Law Prisoners' Rights Forced Medical Treatment Bodily Integrity Autonomy +4 more

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Parties

A. B.

Plaintiff

C. D.

Defendant

Procedural Posture

Interlocutory Application / Interlocutory Order

Legal Issues

  1. 1 Whether a prisoner can lawfully refuse life-saving medical treatment
  2. 2 Whether the court can authorise forced medical or surgical treatment of a prisoner against his wishes
  3. 3 Whether the prisoner's rights to autonomy and bodily integrity are qualified by his status as a prisoner

Ratio Decidendi

A prisoner in custody under a court order is not entitled to refuse medical or surgical treatment where such refusal would put his life at risk and thereby frustrate the verdict and order of the court; the rights to autonomy, privacy, and bodily integrity are qualified by the prisoner's status and liability to undergo sentence, and medical necessity justifies forced treatment in these circumstances.

Court Disposition

interlocutory order granted

Orders

  • Identification of the parties and hospital prohibited under s. 45 of the Courts (Supplemental Provisions) Act 1961
  • Application for in camera hearing refused