Ms Alyson Kilpatrick:

Even if someone is frail, infirm, vulnerable or ill, human rights still attach. If you are going to limit anybody's rights, for example, those in treatment in a care home, you have to justify it in that individual case rather than using a blanket policy that because it is more convenient during a pandemic, you lock everybody out even if it is not necessary and proportionate. Older people have the same rights as I do. If anybody is going to treat them differently because they are older, the law requires that to be justified. There is a stepped process under the Human Rights Act.

In terms of vindicating rights, you can bring claims for breach of human rights. What the Cathaoirleach is talking about is not just a criminal offence, it is one of the most fundamental breaches I have ever heard of. It does end in damages and potentially remedies against the providers of the facility. Here you have the European Convention on Human Rights Act, which allows direct access to the county courts at all levels. The statement is a very easy one to make. Older people have the same rights as anybody else.