You can’t be disabled when you’re dead – a footnote to R (Antoniou) – UK Human Rights Blog

Posted November 1st, 2013 in detention, disabled persons, inquests, mental health, news, suicide by sally

“A somewhat curious additional point arises out of the case of R (Antoniou) – see my earlier post for the main issue – in which the court decided that Article 2 ECHR does not require an independent investigation into deaths in state detention prior to a coroner’s inquest. There was therefore no obligation to ensure that there was an independent investigation into the suicide, or death resulting from self-harm, of a mentally ill person detained under Section 3 of the Mental Health Act 1983. There is such an investigation when a prisoner commits suicide. The Claimant thought this smacked of discrimination against the mentally disabled. The Court disagreed – on the somewhat surprising ground that you can’t be disabled once you’re dead.”

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UK Human Rights Blog, 31st October 2013