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Refusal Of Access To Hospitals For Medical Treatment

category national | public consultation / irish social forum | opinion/analysis author Tuesday November 30, 2021 22:39author by Lawyers For Justice Ireland Official Report this post to the editors

Lawyers for Justice have received many inquiries from the public about be blocked access to hospitals for medical treatment and have published some advice on their telegram channel and this is republished in the interests of the public

We are receiving many urgent queries from people now being refused access to hospitals for medical treatment, whether on an emergency basis or for necessary and urgent treatment, where the refusal is based on vaccination status. Unfortunately this is becoming more common over recent days and weeks. It is important that people are aware of this situation in order to plan ahead, and to establish what the hospital access will be ahead of treatment, or to make other arrangements if this is possible. We attach a draft letter here for use if you are refused hospital access and medical care. Very often the refusal takes place where you present on an emergency basis and have no warning that you would require admission to a hospital, or treatment. We would suggest that you utilise the draft letter as soon as you can, where you are refused emergency care, or in advance where refusal of hospital access is established on your enquiry. It is important to register your objections/ refusal to accept these exclusions. You can PM us or make at contact via email on the above.

Hospital

Date Re:

Treatment at…………. Dear (Hospital Registrar) I have been informed that I can not/could not receive treatment for (state your condition) when I presented at/called to arrange for my treatment at (name hospital) The reason given was that I have not been vaccinated against Covid-19. The treatment I required was urgent/necessary to prevent a potentially dangerous deterioration in my health, with painful, frightening and potentially fatal outcomes where I was/would be left without necessary medical treatment. I have taken advice as to my position, confirming my understanding that the Covid-19 Vaccinations, as currently being administered, are administered under an Emergency Use Authorisation only, are still in trials, and without medium or long studies available as to adverse or other effects. Therefore these vaccinations are not mandatory, and informed consent is required on the part of any person to receive, or decline, the vaccinations. There is no lawful authority therefore, under the Health Acts 1947-2021, to refuse me essential treatment at a hospital for this reason. A refusal is unlawful and in breach of your obligation to treat me as a citizen entitled to necessary treatment, on the basis of my vaccination status. Furthermore, to discriminate in this manner between myself and another is in clear breach of the Equality Acts 2012- to 2015, and actionable as such under the Equality legislation. The demand by the hospital for information as to my vaccination status prior to admitting me is/was made in breach of Articles 6 & 9 the General Data Protection Regulations of 2018, and is actionable as such, and reportable to the Data Protection Commissioner for investigation. I am entitled to, and have the human right to, access health treatment in law and under the Irish Constitution. I refer to Article 40, conferring on all Irish citizens the right to life, in the context where my life is endangered by the refusal of an Irish hospital to treat me, on discriminatory grounds. Nor may I be subjected to inhumane or degrading treatment, under Article 3 of the Irish Constitution. To be denied treatment where I am clearly in pain, and/or in danger of a fatal outcome, constitutes degrading and inhumane treatment by (name hospital). The European Convention on Protection of Human Rights, as ratified by member states in the European Union, similarly protects my right to life and prohibits inhumane and degrading treatment, on a discriminatory basis regarding my vaccination status. The hospital is breach of statute, in breach of my constitutional rights and protections under the Irish Constitution, and my rights and protections under the European Convention on the Protection of Human Rights. The hospital is in breach of a duty of care to me as citizen, in need of such medical treatment. The hospital acts outside of its powers in seeking to exclude any patient on these grounds, and is clearly and absolutely responsible for any negative consequences to me in terms of my physical and mental health. I await an immediate confirmation that the hospital will admit me for treatment as it is obliged to do. You should note that I will instruct a solicitor to pursue any legal remedy open to me if I am not admitted for necessary treatment as a matter to urgency. I will in addition hold you liable for current and any further injury or deterioration in my condition, where you are persisting in your refusal to treat me. I await hearing from you and provide my email for your urgent response.

Yours faithfully,

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