End-of-life care: identifying an appropriate legal framework for specialist palliative care in Ireland

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dc.contributor.advisor Donnelly, Mary en
dc.contributor.author Lombard, John
dc.date.accessioned 2016-06-29T15:50:18Z
dc.date.issued 2014
dc.date.submitted 2014
dc.identifier.citation Lombard, J. 2014. End-of-life care: identifying an appropriate legal framework for specialist palliative care in Ireland. PhD Thesis, University College Cork.. en
dc.identifier.endpage 323 en
dc.identifier.uri http://hdl.handle.net/10468/2816
dc.description.abstract This thesis argues that the legal framework in Ireland for specialist palliative care is inadequate and consequently a more appropriate legal framework must be identified. This research is guided by three central research questions. The first central research question examines the legitimacy of the distinction between specialist palliative care and euthanasia. The second central research question asks what legal framework currently exists in Ireland for specialist palliative care. The third central research question examines an alternative legal framework for specialist palliative. This thesis is composed of seven chapters. The first Chapter is an introduction to the thesis and defines the terminology and the central research questions. Chapter Two explores the development and practice of palliative care in Ireland. Chapter Three examines the distinction in criminal law between specialist palliative care practices and euthanasia. Chapter Four examines the human rights framework for specialist palliative care. Chapter Five critiques the regulatory framework in Ireland for specialist palliative care. Having gained a thorough understanding of palliative care and the related legal framework, this thesis then engages in comparative analysis of the Netherlands which is used as a source of ideas for reform in Ireland. Chapter Seven is the concluding chapter and, in it, the main findings of this thesis are summarised. The main findings being that: the distinction between specialist palliative care and euthanasia is not sufficiently supported by justifications such as a double effect or the acts and omissions distinction, there is no clear decision-making framework in Ireland for specialist palliative care, and the current legal framework lacks clarity and does not promote consistency between providers of specialist palliative care. This Chapter also proposes that detailed professional standards and guidelines are likely to be the most appropriate way to effect individual and institutional change in the provision of specialist palliative care. en
dc.format.mimetype application/pdf en
dc.language.iso en en
dc.publisher University College Cork en
dc.relation.uri http://library.ucc.ie/record=b2136571
dc.rights © 2014, John Lombard. en
dc.rights.uri http://creativecommons.org/licenses/by-nc-nd/3.0/ en
dc.subject Netherlands en
dc.subject Medical law en
dc.subject Palliative care en
dc.subject Double effect en
dc.subject Sedation en
dc.subject Euthanasia en
dc.subject Acts and omissions en
dc.subject Healthcare en
dc.title End-of-life care: identifying an appropriate legal framework for specialist palliative care in Ireland en
dc.type Doctoral thesis en
dc.type.qualificationlevel Doctoral en
dc.type.qualificationname PhD (Law) en
dc.internal.availability Full text not available en
dc.check.info Restricted to everyone for three years en
dc.check.date 2019-06-29T15:50:18Z
dc.description.version Accepted Version
dc.description.status Not peer reviewed en
dc.internal.school Law en
dc.check.reason This thesis is due for publication or the author is actively seeking to publish this material en
dc.check.opt-out Not applicable en
dc.thesis.opt-out false
dc.check.entireThesis Entire Thesis Restricted
dc.check.embargoformat Both hard copy thesis and e-thesis en
ucc.workflow.supervisor m.donnelly@ucc.ie
dc.internal.conferring Spring 2015 en


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© 2014, John Lombard. Except where otherwise noted, this item's license is described as © 2014, John Lombard.
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