Human rights should not result in the impairment of safety of fellow humans. Precedents already set when we banned the nicotine addicts to cold haunts outside the pub front door. My daughters flat mate cited human rights when I told her that lighting candles in her bedroom was outlawed (me being the law as I was the landlord). Despite it being a modern house, FDs30 and ASD etc to her bedroom, the hierarchy of risk control prevailed and the hazard was eliminated. Tough!!
I have no interest in care homes, at least not just yet, and certainly no expertease in that area, however, if you follow the RQIAs own recommendations on smoking policy for care homes which requires the issue of service users smoking to be appropriately risk assessed, you could easily arrive at the conclusion that it is indeed intolerable.
See RQIA Guidance on Service Users Smoking in Resedential Care and Nursing Homes.
