As of Dec 1st The Rotunda Hospital will implement a policy which will require fathers and partners to provide proof of vaccination via the Covid Pass before being permitted entry to the hospital with their pregnant partner.

These vaccinations are not mandatory and it is a matter for  informed consent by any person as to whether to receive or decline the vaccinations. There is no lawful authority consequently, under the Health Acts 1947-2021, to refuse a person access to visit or accompany a patient.

A refusal is unlawful and an overreach of a hospitals remit, specifically on the basis of a person’s vaccination status. 

Furthermore, to discriminate in this manner between members of the public is in breach of the Equality Acts 2012- to 2015, and actionable as such under the Equality legislation. 

The demand by the hospital for information as to vaccination status/production of a vaccine pass  prior to admitting a person to visiting a family member is in breach of Articles 6 & 9 the General Data Protection Regulations of 2018, and is actionable as such, and reportable to the Data Protection Commissioner for investigation. 

Irish Citizens are entitled to and have the human right to, meet and see each other, in law and under the Irish Constitution.

The ability to accompany a pregnant person is essential for their well being. 

To be isolated in this manner amounts to inhumane or degrading treatment,  contrary to Article 3 of the Irish Constitution. 

The refusal of access on this basis is contrary to the provisions of the European Convention for the Protection of Human Rights, to which Ireland is a signatory, which similarly prohibits  inhumane  and degrading treatment on a discriminatory basis, based in this case on a family member’s vaccination status.

The hospital is breach of statute, of our constitutional rights and protections, and our rights under the European Convention. The hospital is further in breech of a duty fo care for the patient, depriving him/her of family contact on the basis of our vaccination status.

The hospital acts outside of its powers in seeking to exclude any visiter on these grounds, and the hospital will be responsible for any negative consequences caused to the patient or their spouse in terms of their physical, emotional and mental health. 

We demand the Rotunda review this policy to ensure it is not implemented on December 1st.