Liberty rights under scrutiny in Scotland

Published on 31/07/2012 00:00

ADULTS in care in Scotland, who are not allowed home because of physical or mental health problems, could be victims of human rights breaches.

The Law Commission has launched a consultation seeking views until the end of October, following a landmark case in England. Requests by carers for an autism sufferer to be allowed home from psychiatric hospital were refused.

That decision was found to be a breach of his right to liberty, under Article 5 of the European Convention of Human Rights, a verdict which has triggered a change in the law of England and Wales.

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Liberty rights under scrutiny in Scotland

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