Ireland, the European Union and the World disabilities. Law should reflect the climate of an era and one can be certain in saying that today’s understanding of people with disabilities is very different to the understanding in 1871. Therefore, it is of utmost importance that the 2015 Act is fully implemented as soon as possible to reflect modern views on disability. This new system will improve respect for fundamental rights by giving control and rights back to the Ward of State. While the 2015 Act is not perfect, it is recognition of the primacy of an individual’s will and preference and represents a paradigm shift from the paternalistic approach of best interests as applied by the 1871 Act. Nonetheless, it is critical that the government listen to advice and recommendations from both medical professionals and advocates on how to further improve the system and to ensure that any interaction with a person who lacks capacity to decide complies with human rights standards and respects their inherent dignity, including their right to autonomy and self-determination. Never let it be forgotten that ‘people with disabilities, both mental and physical, have the same human rights as the rest of the human race.’34
34ibid
585 [36] (Lady Hale).
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