A woman who has been detained in hospital after refusing to accept treatment for a suspected case of drug resistant tuberculosis has lost her bid to be released.
At the High Court, Mr Justice John Edwards ruled the woman's detention, which has lasted 11 months, is lawful.
He has said her situation is dire and tragic and he will now ask for a medical examiner to visit the woman and assess her capacity to take decisions for herself.
The woman, who is from South Africa, has consistently refused treatment and is currently detained in a hospital room which is specially pressurised.
Mr Justice Edwards noted that all medical staff treating the woman must be gowned, gloved, masked and goggled.
He praised the primary medical care team which has been caring for the woman. He said the staff were in a 'dreadful situation and have nothing but the best intentions at heart, but who are powerless to help the woman'.
The mother of two arrived in Ireland in 2001 and became ill towards the end of 2006.
Staff unable to carry out tests
Because the woman has refused treatment the hospital has been unable to perform a specific test to determine what form of TB she is suspected to be suffering from.
The woman had brought a case under Article 40 of the Constitution challenging her detention by health authorities under the 1947 Health Act.
Under this legislation, a person can be detained until the committing officer is satisfied that person is no longer a source of infection.
The Judge said the woman had rightly been encouraged to take a court case by the hospital and health services.
The case presented unique and tragic issues of public importance which the courts had to determine, he said.
After ruling that the woman's detention is lawful, Mr Justice Edwards said he will be asking the President of the High Court to send a medical examiner to assess the woman's capacity to take decisions.
If the woman refuses medical treatment, she may have to stay in hospital indefinitely.
However, the Judge said the Health Services will have to continuously assess the woman's case 'again and again' in a structured way to ensure her patient and constitutional rights are being vindicated.
