Smoking ban a 'breach of human rights', court hears


A bid to overturn a smoking ban at Auckland psychiatric centres is being heard at the High Court today.

A former patient is bringing the civil action against the Waitemata District Health Board, trying to suspend the smoking ban at the DHB's two secure psychiatric facilities.

The plaintiff says psychiatric patients are the weakest and most vulnerable in our society and to force them to quit smoking is a breach of human rights.

The plaintiff's lawyer Richard Francois told the court "this case is about the right to human dignity".

"Psychiatric patients are arguably the weakest and most vulnerable sector in our society," he said.

He argued that nicotine has a calming effect on many patients, and taking away their ability to smoke can cause more harm than good.

The case is set down for two days.

- Smoking bans are enforced at hospitals, prisons, Government buildings and schools.

- Patches and nicotine lozenges are made available to patients.

- The smoking bans have already been overturned in some Australian psychiatric facilities.

- This is the first time smoking bans at psychiatric facilities in New Zealand has been challenged in the courts.

(2013-05-20/tvnz)