‘Wardship system could contravene human rights’
Ms McGuinness, who is a member of the Supreme Court, expressed concern that the lack of a review system for vulnerable people designated as a Ward of Court could run contrary to the European Convention on Human Rights.
Under the present system, Wards of Court lose many personal rights including those to marry, travel without permission and make financial decisions.
However, the LRC believes many people with limited decision-making capacity, due to either mental illness or dementia, are still capable of taking control of some of their affairs.
During a press conference to publish a LRC consultation paper, Vulnerable Adults and the Law: Capacity, Ms McGuinness said it was “quite rare” for people to have wardship removed once it had been applied to them.
The LRC claims aspects of the existing wardship procedure may not provide adequate safeguards to protect the rights of those affected.
The LRC’s director of research, Raymond Byrne, said the State had “some vulnerability” with regard to potential liability and the manner in which current legislation operated.
The consultation paper argues that there is major need for reform of the “all-or-nothing” status applied to an individual’s capacity to make decisions.
One of its main proposals is that a person’s capacity to make decisions should be assessed in the context of a particular decision.
The LRC has also invited views on whether the current law, which makes it a criminal offence to have sexual intercourse with a person certified as “mentally impaired,” should be reformed.
