England - patients at psychiatric hospital lose smoking ban appeal..

July 28, 2009 - Two patients at high-security Rampton hospital in Nottinghamshire County England maintained the National Health Service (NHS) ban on smoking violated their human right to smoke in their own home. Patients at a psychiatric hospital have lost a legal appeal over the right to smoke following the 2007 smoking ban.

But the Court of Appeal has ruled the policy is lawful and the right to smoke is not covered by the European Convention on Human Rights.

Nottinghamshire NHS Healthcare Trust said patients were given help to quit. The smoke-free policy has been in operation since April 2007 and bars smoking inside and outside at Rampton by staff and patients. Nurses do not want smoking ban in psychiatric wards by staff reporter, PsychMinded.co.uk, 7/21/2006.

Lawyers for the patients had argued that the hospital was their home and to prevent them smoking there when they were not free to go elsewhere to smoke interfered with their rights.

Reference: Patients lose smoking ban appeal, BBC, 7/24/2009.