Sinéad Gibney

The human rights watchdog has published its legal submissions to the Supreme Court in a case where it appeared as amicus curiae concerning an 11-year-old boy who suffered life-changing neurological injuries in an accident.

The hospital treating the boy, anonymised as John, had obtained permission from the High Court to follow a course of treatment with which his parents do not agree. The High Court order allowed the hospital, if deemed appropriate by John’s medical team, to administer medication that could impact the boy’s respiratory function. The High Court further held that his medical team could if they deemed appropriate withhold certain treatments, including admission to an intensive care unit (ICU).

The Commission did not take a view as to what treatment John should or should not receive. Rather, the Commission argued that any decision in respect of John’s treatment had to be made in a manner that balanced and protected his constitutional rights as a child, with due regard to the rights of his parents.

A five-judge panel of the Supreme Court heard the case by remote means over three days last week. There were six parties before the court, including separate barristers for each of the boy’s parents, and a guardian ad litem.

The Commission queried whether the decision to make John a ward of court was a proportionate interference with his rights in circumstances where, the Commission argued, it removed decision making capacity from his parents.

The Commission’s involvement in the case builds on previous amicus curiae interventions in the area of wardship including C v Cork University Hospital and Ors.

Chief commissioner Sinéad Gibney said: “The Commission made itself available to the Court in this case given the importance and the sensitivities of the issues at hand.

“This case involved an extensive examination of the new constitutional provisions relating to the rights of the child introduced into law in 2015 following a referendum. We are mindful that at the centre of this case is a family in very difficult personal circumstances.”