Matthews F1
1Dr Frances Matthews
Biography:
Dr Frances Matthews is a General Practitioner and Medicolegal advisor In New Zealand. She has Masters degrees in Law and Bioethics and Health Law and a PhD in law. She was called to the Bar in Dublin in 2012 and is a member of the Faculty of Forensic and Legal Medicine of the UK Royal College of Physicians in the sub specialty of medicolegal advisor. Her areas of special interest are the human rights of older people and those with disabilities, medical law and ACC issues. This presentation is based on her PhD thesis.
In New Zealand around 6000 people are detained in community dementia units, 67% of them with no discernible lawful authority for their detention. They are the only group of adults in New Zealand who may be so detained.
Those apparently lawfully detained, are held under various sections of the Protection of Personal and Property Rights Act 1988. There is doubt as to whether this Act really does authorise detention in secure units, since it never mentions detention or coercion, a fact noted by the New Zealand Law Commission in 2002.
Some argue that that Right 7(4) of the Code of Health and Disability Services Consumer’s Rights can be used to authorise long term detention, but since it does not conform to the requirements of international law relating to detention in any respect, this is unlikely.
New legislation is required to acknowledge the human rights of people with dementia, and to authorise their detention, if there is no less restrictive alternative.
This year, the New Zealand Law Commission will consider the matter again.
What is required to conform to international human rights norms for detention if the human rights of people suffering from dementia are to be respected, both in terms of legislative change, and cultural change?