15 – Freedom from torture or cruel, inhuman or degrading treatment or punishment

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The UK routinely detains migrants with serious mental health issues, although the policy guidance previously stated that migrants suffering from serious mental illness should normally only be detained in very exceptional circumstances. However, in 2011 a caveat was inserted into the guidance to the effect that this only applies to migrants whose serious mental illness cannot be satisfactorily managed in detention.[1] The High Court has ruled that the detention of severely mentally ill people has amounted to inhuman or degrading treatment in breach of article 3 of the European Convention on Human Rights (ECHR).[2] Such breaches of article 3 of the ECHR are also clearly breaches of article 15 of the UNCRPD.

[1] https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/307995/Chapter55.pdf Section 55.10

[2] http://www.gardencourtchambers.co.uk/unlawful-detention-breaches-article-3-article-5-rights-woman-mental-illness/

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