LANGUAGE

Charles McCann v. State Hospital Board of Scotland

The Hospital Board decided to prohibit smoking and the possession of tobacco on the ground of a government-run hospital.  The lower court ruled that the decision was unlawful in regards to the plaintiff, because it violated his right to private and family life, discriminated against him, and did not conform with the principles of the Mental Health Care Act. In this decision, the appeals court reversed the lower court judgment. The appeals court ruled that the hospital had the authority to prohibit smoking, and the decision did not violate the provisions of the European Convention on Human Rights.