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Special Mental Health European Ruling

This is from the Equality and Human Rights Commission newsletter:

New ruling gives people with mental health conditions the same human rights as others


The Commission has welcomed a Court of Appeal ruling which found that people with mental health conditions are protected from discrimination by the European Convention on Human Rights.


The Commission intervened in the case of N & G v Secretary of State for Health and Nottinghamshire Healthcare Trust 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.


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'.


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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