Scottish judge rules smoking ban in psychiatric hospital breached patient’s human rights

BMJ 2013; 347 doi: (Published 30 August 2013) Cite this as: BMJ 2013;347:f5343
  1. Clare Dyer
  1. 1BMJ

A patient detained in Carstairs high security psychiatric hospital in Scotland has won a court ruling that a total ban on smoking in the hospital and its grounds breached his human rights.

Lord Stewart ruled at the Court of Session in Edinburgh that the decision that compelled Charles McCann to stop smoking in December 2011 was “flawed in every possible way.”

McCann, who has schizophrenia, has been detained in the hospital since 1995, when a …

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