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Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report and Final Stages (29 Jun 2022): Roderic O'Gorman: ..., the Supreme Court. This case affirmed that constitutional rights cannot be swept away by a piece of legislation, such as wardship. It stated that the law itself must be compliant with the ECHR, and it is not enough for deprivation of liberty measures to be simply lawful in a domestic sense. The Supreme Court judgment forced the legal system to ensure deprivations of liberty in all...
Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report and Final Stages (29 Jun 2022): Duncan Smith: ...to accept an amendment such as this due to Ireland’s dualist legal system and that full incorporation of the UN convention in separate legislation would be required, similar to the European Convention on Human Rights, ECHR. The Minister noted that courts are free to have regard to the UN convention already, following Ireland’s ratification. However, evidence from legal...

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