A woman who believes death is the only way to get rid of images in her head arising from sexual abuse as a child has agreed to take nourishment and fluids for the next two weeks.
Last week the Health Service Executive (HSE) began proceedings to allow it to force-feed and give liquids to the woman, who is being treated at a psychiatric facility for a number of conditions.
Among these are post-traumatic stress disorder caused by her being sexually abused as a child. She was admitted to the facility after she had harmed herself.
The woman has barely eaten or taken fluids for the past two weeks, and she was fed via nasogastric tube for some time before that. She previously self-harmed.
She opposed the HSE’s application but her husband supported it.
Temporary order
Last Friday, president of the
High Court
Mr Justice Nicholas Kearns granted a temporary order allowing the HSE to administer fluids only.
The judge was told that her doctors feared she was at risk of imminent death unless her intake of fluids increased.
When the matter returned to court today Mr Justice Kearns was told the woman would agree to be given food and nourishment for the next two weeks.
Feichin McDonagh SC, for the woman, said she had instructed that she would accept an order to allow the HSE to feed her and give her fluids. During that time, a report would be compiled on the woman by an independent psychiatrist.
Counsel said his client’s instructions were that she did not want to die but wanted the images in her head “to go away” and believed the only way that could happen was if she was allowed to die.
Legal precedent
Mr Justice Kearns welcomed the woman’s decision and agreed to adjourn the case for two weeks, during which time he hoped the woman would also speak with her family.
If the matter does return to court, the only issue left to decide is the woman’s mental capacity (to make appropriate decisions about her treatment), he said.
The central issue in the case, which raises legal issues not previously dealt with by the Irish courts, is whether the woman has the mental capacity to take the decision to refuse food and fluids, which would result in her death.
The court previously heard from three medical professionals, including a consultant physician and a consultant psychiatrist who have treated the woman.
They believed she lacked the mental capacity to make such a decision.
Another consultant psychiatrist disagreed and expressed the view that the woman was fully aware of what she has chosen to do.