Health Law: Convergence and Divergence on the Island of Ireland

ABSTRACT: This article considers how health law operates on the island of Ireland, including some of its key issues: (1) capacity, (2) abortion and (3) clinical negligence. The healthcare and political context in both jurisdictions is discussed, as well as cross-border initiatives and arrangements. In relation to capacity, the article points to new legislation that has been introduced in the two jurisdictions and considers how it reflects (or does not reflect) the UN Convention on the Rights of Persons with Disabilities. Parallels and divergences of legislative change in respect of abortion are analysed, including approaches to process and implementation of change. The law on clinical negligence is critiqued in relation to standard of care, breach of duty, causation and quantum of damages and civil procedure. The article identifies convergences and divergences in terms of administration/procedure, legislation and context, but highlights a shared movement towards more human rights-oriented change and reform.