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Article 8 of the Human Rights Act 1998: A Review of Case Law Related to Forensic Psychiatry and Prisoners in the United Kingdom

Dr. Curtice is Consultant in Old Age Psychiatry, Hollyhill Unit, Birmingham, UK. Dr. Curtice also sits on the Special Committee for Human Rights at the Royal College of Psychiatrists in London. Dr. Sandford is Consultant Forensic Psychiatrist, Llanarth Court Hospital, Partnerships in Care, Llanarth, UK. Address correspondence to: Martin J. R. Curtice, MB, ChB, Consultant in Old Age Psychiatry, Hollyhill Unit, Rubery Lane, Rubery, Birmingham B45 9AY, UK. E-mail: mjrc{at}ukonline.co.uk

The Human Rights Act 1998 (HRA) was introduced into United Kingdom domestic law in 2000 and incorporated most of the European Convention on Human Rights. Article 8 of the HRA provides the right to respect for private and family life, home, and correspondence. It is a qualified right, underpinned by the core HRA principle of proportionality and therefore can be dynamically interpreted. The forensic and prison settings in the United Kingdom have produced numerous cases based on perceived infringements that may or may not have breached Article 8. These cases, when analyzed, help both to demonstrate how Article 8 may be breached in clinical practice and to illustrate key Article 8 principles that can be used and implemented in clinical practice to safeguard both clinicians and patients.