Case Studies:

A sentenced prisoner in Maghaberry Prison, Mr Robert Clarke, has had his Article 14 and Article 8 rights breached, the High Court has ruled. Mr Clarke instructed his solicitor, Mr Ruaidhrí Currie, to initiate judicial review proceedings against the South Eastern and Social Care Trust, the public body with responsibility for the provision of healthcare to the prison population in this jurisdiction. Mr Clarke challenged the failure of the Respondent to provide him with appropriate healthcare treatment for his addiction issues, specifically in relation to assessment for opiate substitution therapy. 

Mr Justice McAlinden found that Article 8 of the European Convention of Human Rights (‘ECHR’), right to private life, was clearly engaged in the Applicant’s case in respect of his physical and psychological integrity. Further, it was established that the Trust were also in breach of Article 14 ECHR his right not to be discriminated against as a prisoner.

The High Court stated that the Applicant was entitled to a declaration due to the differential treatment provided to the prisoner, seeking to be assessed for the OST suitability against the commencement of treatment for a patient in the community.

It was established that the Respondent Trust had therefore unlawfully discriminated against the Applicant in breach of Article 14 of the Convention, when read together with Article 8 of the Convention.

Mr Donal Sayers KC and Mr Michael Halleron BL were instructed in the matter.

A full record of the judgement is available here.