Further Misuse Of Human Rights Legislation?

[ToraToraTora]

http://www.bbc.co.uk/news/uk-scotland-glasgow-west-23849198

[Buenchico]

The ruling makes perfect sense to me.

An ordinary member of the public is free to determine whether or not they should smoke in the open air (which, of course, means that - unless they have a secret stash outside somewhere - they'll be in possession of tobacco products when they're indoors). Restricting someone's liberty purely on mental health grounds (rather than through them committing a crime) is a very serious step and those who do so shouldn't further restrict the rights of that person without extremely good cause (which doesn't seem to be present in this case).

The ruling doesn't change the hospital's right to ban smoking within the building but it does make it clear that the hospital doesn't have the right to impose unnecessary restrictions upon people in its care.

[FredPuli43]

And, in the past, this action would have been brought by way of Judicial review. The HRA provides another way of achieving the same result in this case

[pixie373]

Completely the right decision. Who has the right to stop him?

[EDDIE51]

As I see it the point here is that the Hospital in this case is the person's home, not just a place for treatment. It is the same as a prisoner , a prison is the prisoners home and so they are allowed to smoke.

[ToraToraTora]

and the staff do not have a human right not to be poisoned??

[pixie373]

He can smoke outside. Refusing to allow him that is just over-controlling. Residents are allowed to smoke outside Care Homes, as they live there and have the same rights as anyone else. Why wouldn't they?

[Buenchico]

I suggest that you read your own link more carefully, ToraToraTora. The court upheld the right of the hospital to ban smoking on its premises but made it clear that the hospital authorities had no right to prohibit a patient from smoking at all. Even now the hospital can still ban smoking throughout most of its grounds, as long as there is still somewhere left where smoking by patients is permitted (and patients are allowed to be in possession of tobacco products).

[FredPuli43]

Tora, you may as well ask "Do not the public have the right not to be poisoned by people smoking outside a pub or office or in the street?"

[Svejk]

Great result for the little man. This seems,to me, to be how HRL should work. Giving the little man a voice against the great lumpen hand of the powers that be.
Now can anyone tell me why I can't smoke in the middle of a muddy field,in work ?