Examine the case studies below. Outlining the nature of the problem suggest which articles of the human rights act has/have been violated and if taken to court how the dispute could be resolved.
Case 1:
Peter, a young black male, is admitted to a mental health hospital. he is an informal patient, so he has not be “sectioned” under the mental health act. This means he is entitled to leave the hospital whenever he likes. Peter wants to leave the ward to visit his sister and his friends. On the three occasions he tries to do this he is not allowed to leave the ward. Instead he is told it is not in his interests to leave.
Case 2:
A woman who had heroin addiction and suffered from asthma was sentenced to four months in prison. While there, she suffered severe heroin withdrawal symptoms including vomiting and weight loss. A doctor who visited her when she arrived advised the nursing staff to monitor her symptoms. Her condition deteriorated over a weekend, but the nursing staff did not call out a doctor; nor did they transfer her to a hospital. On the Monday morning she collapsed and was immediately admitted to a hospital, where she died.
– HUMAN RIGHTS ACT (1998, Malleson, K. & Moules, R)
– European convention on human rights