Patient-Centred Dying: The Role of Law

This chapter examines the legal context within which decisions about the end of life are made in Ireland. It argues that an ethical approach to end-of-life care must be centred on the dying person and that finding ways to ensure that this person’s voice is heard must be core to the development of legal frameworks. In this respect, the law has, to date, been inadequate. While the law has been effective at hearing (and enabling to be heard) voices which are loud and clear, such as capable adults refusing treatment for religious reasons, where voices are less audible or less distinct, the law has offered less. For the vulnerable person; the person with capacity difficulties; the person who is confused or distressed or disturbed, the law has offered little scope for expression or involvement. This chapter is concerned primarily with this group of people and with exploring how legal frameworks can best ensure that their voices are heard in making decisions about their care at the end of their lives.