Law & Ethics Mental Health Ireland
Mary is 20 years of age. She was diagnosed with bipolar disorder and has been engaging with adolescent and adult mental health services for the past 5 years. Her mental health had improved and stabilised over the last 18 months. She lives alone in a small apartment close to her parents with whom she has had a close, but conflictual relationship since her teenage years. Her entire family is very active in their local church and she often joins them at religious services. Her parents alerted her community mental health team two months ago, saying that she seemed increasingly irritable, had stopped her usual activities and had withdrawn from them.
The last time her parents talked to her on the phone she suddenly made comments that made them feel very concerned for her safety. When they went to check up on her she refused to open her door, shouted at them to go away, and said they did not have to worry about her for much longer. She has now been involuntarily admitted to an ‘approved centre’ under the Mental Health Act 2001.
Mary has stated on admission that she has been having suicidal thoughts. She informs the multi-disciplinary team responsible for her mental health treatment that her GP confirmed to her two weeks ago that she was 13 weeks pregnant. She said she was so shocked that she initially did not know what to do but now wishes to terminate her pregnancy. She does not want her family or anyone else apart from her healthcare providers to know about it.
Mary gets very upset when team members try to engage her in a conversation to better understand the background of her request and just says that it would ruin her life to continue with the pregnancy and that she does not want to talk about it.
Law Question: Advise Mary whether she can lawfully terminate her pregnancy.
Ethics Question: Explain the main ethical concerns arising in Mary’s case and evaluate their significance for this case.
This paper is to be done in two parts clearly identified a law part and a ethics part and based on Irish literature. Talk about the mental health act, capacity, abortion legislation in Ireland at present.
Reading List Seminar 8 – Mental Health Law and Policy
Datt, A., and Frewen, J. (2016). Mental health law profile on the Republic of Ireland. BJPsych. International, 13(1), 15-17
HSE, Update on the Reform of the Mental Health Act 2001, Report of the Public Consultation Process October, 2021, Chapter 4,
Mental Health Act 2001,
Students must type their case studies using whichever word processing software they prefer. The submitted version should be in PDF format, using a 12-point font with at least 1.5 spacing between lines.
