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Introduction of Critically Explore The Circumstances In Which A State Should Protect An Individual From Self-Harm Case Study
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In the case of Osman V. In The United Kingdom, it has been seen that the court was responsible to protect the life of an individual from a third party concerning their criminal acts[1]. On the other hand, a state is also responsible to protect an individual from self-harm when he or she is under the observation of the state. Moreover, there are also many situations where a person remains under the observation and control of the state such as detention in police custody or prison, involuntary hospitalisation and military service. The risk of suicide is higher when a person remains in detention. Person in custody also must be protected from any harm and injuries or any vulnerable situation. Special treatment also needs to be given to the people under the control of the state having any psychological issues. The mentally ill person in custody must be given special care as they are unable to make their own decision and cannot understand the things happening in their surroundings.
Article 2 of the human right act, also defined that patient with the need for voluntary psychiatric care are also under the life-saving activities of the state. In the case of Raynolds v United Kingdom, we can see that the applicants claimed compensation for clinical negligence of the state[2]. If a person has done a suicidal attempt before imprisonment, then there is a high risk to the life of that person and the state is liable in this case to protect his or her life. Detainees who tend to self-harm and suicide need to be treated appropriately in mental hospitals. The state authorities are liable to take appropriate actions when they find factors such as emotional immaturity, psychological fragility, refusal to eat meals, and family problems.
According to The Mental Health Act (1983), a person with mental health disorder needs to be treated properly[3]. This act also elaborated that these people are at a higher risk to harm themselves or others. It has been analysed that nearly 22% of people especially the 15 years old children are most vulnerable to self-harm. On the other hand, the risk of self-harm is greater among women rather than men. According to article 2 of the human rights act, the state authorities are responsible to detect suspicious death and must take positive steps to prevent individuals from self-harm and suicide. People whose lives are under the jurisdiction of the court also need to be protected by the state authorities. If the state agents fail to properly treat people under the control of the state, people can take legal action against the state agents. In the case of different life-threatening diseases such as AIDS, the rules of article 2 will not be imposed.
In a jurisdiction where the life of a person is in threat by some other parties, it is the responsibility of the law to protect the life of that person. In the case of alkin v. Turkey, it was noticed that a lethal accident occurred in which the state took the responsibility of the alleged person during his jurisdiction. In cases where the detainees become fail to community suicide and who have psychological difficulties are also need to be under the care of Article 2. According to Article 2 § 1 of the Convention, the right to life of every person needs to be protected equally by the law[4]. In the healthcare context, dangerous activity context including environmental or industrial revolution the count has positive obligations.
Moreover, appropriate laws need to be fostered in the context of board ship incidents, incidents on trains, or construction sites to protect people from health and life threats. At the school and in the playground effective acts need to be implemented to protect the life of individuals[5]. The state agents are also responsible to provide life safety to people associated with the works of road safety and emergency services. In deep-sea diving operations, ensuring the life of divers is also the duty of state agents. Lastly, the state agents are also responsible to protect and ensure the right medical treatment and assistance to vulnerable people who are under the observation of the state government.
Reference list
Journals
Troya, M.I., Babatunde, O., Polidano, K., Bartlam, B., McCloskey, E., Dikomitis, L. and Chew-Graham, C.A., 2019. Self-harm in older adults: a systematic review. The British Journal of Psychiatry, 214(4), pp.186-200.
Websites
nhs.uk. (2022). The Mental Health Act (1983). Available at: https://www.nhs.uk/mental-health/social-care-and-your-rights/mental-health-and-the-law/mental-health-act/#:~:text=The%20Mental%20Health%20Act%20(1983)%20is%20the%20main%20piece%20of,harm%20to%20themselves%20or%20others [Accessed on 25th April 2022]
un.org. (2021). Universal Declaration of Human Rights. Available at: https://www.un.org/en/about-us/universal-declaration-of-human-rights#:~:text=Article%202,property%2C%20birth%20or%20other%20status [Accessed on 25th April 2022]
Case laws
bailii.org. (2019). European Court of Human Rights. CASE OF REYNOLDS v. THE UNITED KINGDOM., Application no. 2694/08. Available at: https://www.bailii.org/eu/cases/ECHR/2012/437.html [Accessed on 25th April 2022]
policehumanrightsresources.org. (2020). Osman v. The United Kingdom. Application no. 87/1997/871/1083. Available at: https://policehumanrightsresources.org/osman-v-the-united-kingdom-application-no-87-1997-871-1083 [Accessed on 25th April 2022]
[1] Troya, M.I., Babatunde, O., Polidano, K., Bartlam, B., McCloskey, E., Dikomitis, L. and Chew-Graham, C.A., 2019. Self-harm in older adults: a systematic review
[2] bailii.org. (2019). European Court of Human Rights. CASE OF REYNOLDS v. THE UNITED KINGDOM., Application no. 2694/08
[3] nhs.uk. (2022). The Mental Health Act (1983).
[4] un.org. (2021). Universal Declaration of Human Rights.
[5] Troya, M.I., Babatunde, O., Polidano, K., Bartlam, B., McCloskey, E., Dikomitis, L. and Chew-Graham, C.A., (2019). Self-harm in older adults: a systematic review.
