The Human Rights angle for campaigning

[kate]

If your country is signed up to the Universal Declaration of Human Rights (www.un.org/en/documents/udhr/) then this might interest you. [The UK is signed up to this treaty]

A tobacco control consultant (I'm not going to say who because this might have been off the record) suggested that we have a think about the possibility of campaigning with the human rights angle in mind. So I'm starting this thread on a few forums to try to find out what ideas and opinions there are on this, if any.


Article 5.
.No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

(you might argue that denial of availability of e-cigs was cruel etc...)

Article 25.
.(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old
age or other lack of livelihood in circumstances beyond his control.
.(2) Motherhood and childhood are entitled to special care and assistance.
All children, whether born in or out of wedlock, shall enjoy the same social protection.

(you might argue that denial of availability of e-cigs impacts on this article in terms of medical care)

Article 27.
.(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
.(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

(you might argue that denial of availability of e-cigs means that people can't share in scientific advancement and its benefits)


Does anyone have any ideas to add to this? As a last resort for places like Australia where commercial nicotine is banned is there a possibility of starting some campaigns with this sort of approach or might it seem too far fetched?

[lynwlt]

Kate,
I don't think the 'Human Rights'' issue will carry much weight, based on the experience of patients committed to secure psychiatric hospitals.
Whilst smoking is still permitted in prisons, it is prohibited in places like Broadmoor and Rampton, and, to the best of my knowledge, appeals to the European courts have so far failed.
Don't know why I felt moved to write this..
Lynda

[kate]

Thanks for replying Lynda, I'm really hoping to hear opinions such as yours.

There's somebody bringing a case at the moment for being denied tobacco and NRT in a prison under Human Rights laws but I don't know the details. Something about being denied the drug he's addicted to. Might we argue that we're being denied clean and effective methods of delivery for our addictions?

[lynwlt]

I know that the patients in the unit in which I work, medium -secure forensic, who are transferred to us from prison, come complete with prison issued lighters and are frankly astonished by the fact that they are not allowed to smoke freely.
Our NHS trust is working towards being completely smoke-free within the next 12 months. Patients are allowed to smoke in secure courtyards for 15 minutes of every hour between 7am and 8 pm.
They are prescribed NRT if they wish.
My somewhat limited experience would indicate that preventing people from smoking doesn't lead to them becoming non-smokers. They just turn into smokers waiting for the opportunity to smoke again.
I think our best/only hope of reprieve is with the 'harm reduction' argument.
I'm not being very helpful here, am I?

Lynda

[kate]

Lol, don't worry about being helpful, I'm just interested in what folk think of the issue.

Personally I resent the restrictions on smoking in mental health places. I've been locked up in them a couple of times and smoking restrictions are the last sort of 'help' I needed to make me normal.

Here's the article I was thinking about, it seems that they're arguing that not having treatment for an addiction amounts to cruel and unusual punishment - www.telegraph.co.uk/news/newstopics/politics/lawandorder/7498198/Prisoner-sues-after-he-is-banned-from-smoking.html

There's also an argument that NRT/medical nicotine doesn't do anything useful either so we're effectively being forced to smoke if we can't choose to vape. www.plosmedicine.org/article/info:doi/10.1371/journal.pmed.1000216

[lynwlt]

Oh Kate,
I agree completely with you that the ban on smoking in mental health units is a cruel and unusual form of treatment!
There are times at work when offering a smoke to a patient would prevent a lot of grief....
Back in the time when it was ok to smoke at work, I often found that sharing a cigarette with people was the first step to establishing trust and confidence..nothing quite like sharing an addiction!
None of the above is meant to sound as patronising as it reads. I've had some issues of my own..
Actually, I seem to remember reading somewhere that nicotine enhanced the therapeutic affects of some psychiatric drugs.
I have no idea where I read that, and it could be something that I dreamed up during a night shift, but I'm sure that isn't the case.
There's also that thing about nicotine easing the symptoms of Crohns Disease, and I think that NRT doesn't work as well as inhalation.
Lynda

[kate]

Yeah, nicotine is psychoactive and does something with dopamine. Apparently over 60% of people with schizophrenia smoke and it's theorised that's to self medicate. Taking away someone's drugs when they are most vulnerable is definitely cruel. When you know how hard it is to quit normally and then imagine that state being added to an already off the planet condition then it's hard to see how that can be a helpful situation that promotes recovery.

In Utah people in mental health facilities aren't allowed to vape either. Must be just an easy target to bully and control.

[foxy9212]

I wonder if they're permitted to use an "Inhalator." Current advertising claims that this "Inhalator" is the nearest thing to smoking without smoking - a false claim if ever I heard one!! >

Perhaps Advertising Standards should look into that one!

Fox

[lynwlt]

Yes, inhalators can be prescribed

Lynda

[Chrissie]

How times have changed.

Many years ago when i was going through a very bad time, I had a breakdown & was admitted to a Psychiatric hospital. One of the things they decided had led to my breakdown was the concoction of drugs my GP had prescribed for me. They shut me in a room to cold turkey from the drugs& handed me several packets of cigarettes to help handle what I was going through.

[lynwlt]

Did they give you a lighter tho' Chrissie?
(Sorry...not making fun of you but just couldn't resist!)
I've just lost count of the times over the years when a cigarette has brought calm and communication.
It beats me why prisoners are allowed to smoke and my patients are not...
Lynda

[Chrissie]

ROFL Lynda yes they did

I agree that is very wrong that prisoners are allowed to smoke but not your patients

[lynwlt]

The thing is, even tho' the building is non-smoking, and none of them is allowed a lighter, so they still find ways to smoke in their rooms.
This usually involves something risky with electricity!
As a previous smoker, I can't say that I blame them but it does scare me..
I wonder, in the big scheme of things, whether it might be worth getting in touch with the people from the maximum secure hospitals to see what were their arguments to the European court of Human Rights, and why they were dismissed?
It might give us a little more grist to our mill, whatever that means!!
I just have to grab an available straw when it floats past me..
Lynda

[Scylla]

I saw a TV ad today with people from various walks of life puffing on inhalators, brazenly aimed at reminding the viewer how cigarette-like they are

scylla

[foxy9212]

Apr 8, 2010 15:48:14 GMT Scylla said:

I saw a TV ad today with people from various walks of life puffing on inhalators, brazenly aimed at reminding the viewer how cigarette-like they are

scylla

I consider that to be misleading advertising as the e-cig is the nearest thing to smoking without smoking!!! And, do people really think 'how cigarette-like they are?' They remind me of something else entirely.

Fox