A transgender patient in mental health hospital was told by staff that he would have to use the female toilet. The hospital had communal bathrooms, so this caused him great distress. He was holding off using the bathroom and as a result was wetting himself.

His advocate spoke to the medical director of the hospital using his right to be free from discrimination (protected by Article 14 in the Human Rights Act) in conjunction with his right to be free from inhuman and degrading treatment (Article 3 in the Human Rights Act). He was then allowed to use the male toilet.

Example from BIHR’s protect Care and Support: A Human Rights Approach to Advocacy