Creating a fairer Britain
03 August 2009
The Commission has welcomed a Court of Appeal ruling which found that people with mental illnesses are protected from discrimination by the European Convention on Human Rights.
The ruling clarified a grey area in the law. Article 14 states that ‘The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any such ground as sex, race, colour, language, political or other opinions, national or social origin, association with a national minority, property, birth or other status.’ The Commission argued that mental illness was a disability and constitutes “other status”.
The Court ruled in the N & G v Secretary of State for Health & Nottinghamshire Healthcare Trust that “other status” included discrimination on the basis of a personal characteristic including mental illness or other mental disability.
The Court also upheld a ruling that people detained in high security psychiatric hospitals are not allowed to smoke. N & G sought to be permitted to smoke while in a psychiatric hospital in line with people who are detained in prisons or who live in care homes.
The Commission intervened in the case to argue that people detained under the Mental Health Act should be afforded the same protection as others under Article 14 of the European Convention on Human Rights.
It did not participate in the arguments regarding smoking and the Commission does not take a position on the issue.
This ruling, together with the Government’s recent ratification of the United Nation Convention on the Rights of Persons with Disabilities will help ensure disabled people have the same human rights as others.
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For more information contact the Equality and Human Rights Commission Media Office on 02031170255, out of hours 07767272818.
The appellants are detained in Rampton high security psychiatric hospital. They argued that the hospital’s smoking ban breached their right to home and private life under Article 8 of the European Convention on Human Rights, whether taken alone or with Article 14 (prohibition on discrimination).
The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.