What Human Rights do for Disability - RightsInfo

What Human Rights do for Disability

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Disability
2012
UK

Detaining immigrants with mental health problems can be degrading treatment

Related European Convention Articles

A man with a mental health disorder was detained in immigration removal centres for months, despite worsening mental health problems. The delay in getting him to a hospital was unlawful, and constituted degrading treatment.

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Disability
2015
UK

A family can receive damages if a council messes up care proceedings

Related European Convention Articles

The Council removed a 15 day old baby from its mother and put it into care. There were unnecessary delays and confusion over the plan for the baby's permanent home. It was finally placed with the mother's parents in Latvia aged 22 months.

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TOP 50
Disability
2002
Europe

The UK can ban assisted suicide

Related European Convention Articles

A woman who suffered from motor neurone disease complained that the ban on assisted suicide breached her human rights. The court said it didn't breach her right to private life because the ban was not disproportionate.

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Disability
2012
UK

The High Court can always protect vulnerable adults when needed

Related European Convention Articles

A local authority wanted to protect two elderly adults. The Court of Appeal confirmed that the High Court can still interfere in cases to protect the vulnerable, even if they are also covered by mental health laws.

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Disability
2012
Europe

Mrs Reynolds got compensation after her son died in psychiatric care

Related European Convention Articles

A mother complained that she had no access to compensation for the grief and distress caused by the untimely death of her son whilst he was in psychiatric care. She was awarded damages for violation of the right to a remedy and the right to life.

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    Disability
    2003
    Europe

    People with mental illness must be able to challenge their detention

    Related European Convention Articles

    A detained man with an untreatable mental illness was refused discharge. His right to challenge the lawfulness of his detention was breached by delayed review and making him prove he should no longer be detained.

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      TOP 50
      50 Cases
      2004
      Europe

      Mental health detention needs proper safeguards

      Related European Convention Articles

      A man was admitted to a psychiatric hospital. He was was there informally, so wasn't protected by legal safeguards. This meant it was difficult for his family to get him home. This violated his right to liberty. The UK government responded by plugging the gap with a new law.

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        Disability
        2005
        Europe

        Detention for mental health patients must be reviewed quickly

        Related European Convention Articles

        A woman was detained in hospital for over a year after the Mental Health Review Tribunal directed her conditional release. Her right to liberty entitled her to have the lawfulness of that detention determined by a court promptly.

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          TOP 50
          50 Cases
          2002
          UK

          Councils must provide adequate housing for disabled people

          Related European Convention Articles

          A severely disabled, incontient and wheelchair bound woman and her family of eight were housed inadequately. Their local council failed to rehouse. The High Court decided this showed a ‘singular lack of respect’ for her private and family life and awarded damages.

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            Disability
            2011
            UK

            You can’t shut a library without considering impact on disabled people

            Related European Convention Articles

            Individuals, including a man with a learning disability, challenged changes to councils’ library services. Equality duties had been breached by the councils’ failures to consider the potential impact on the disabled

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            Disability
            2004
            UK

            Disabled people are treated equally at work (even if it needs more effort from employers)

            Related European Convention Articles

            A woman became virtually unable to walk and was dismissed from her job for incapacity. The court said reasonable adjustments must be made to cater for disabled people, even if that means treating the disabled person more favourably than a non-disabled person.

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              Disability
              2013
              UK

              A woman with Down’s Syndrome wasn’t force sterilised

              Related European Convention Articles

              A local authority wanted a court to let doctors sterilise a woman with Down’s Syndrome. The court focused on her best interests and said the decision had to be the 'least restrictive' of a person’s rights and freedom of action. It wouldn't allow the sterilisation.

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                Disability
                2013
                UK

                The social care system must be fair to disabled people

                Related European Convention Articles

                Getting employment and support allowance required a questionnaire and usually a face-to-face interview. This was causing major problems for people with mental health problems. The court said the system was unlawfully discriminating against them.

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                  Disability
                  1975
                  UK

                  Sterilisation is considered the deprivation of a basic human right

                  Related European Convention Articles

                  This case was about the wardship of an 11 year old girl with mental health problems. The court said sterilisation was the deprivation of a basic human right and it would, if for non-therapeutic reasons without consent, be a violation of that right.

                  Disability
                  2004
                  UK

                  Disabled people must be able to access public transport too

                  Related European Convention Articles

                  A wheelchair user wanted a train company to pay for a taxi to assist his train travel. The court said as long as it was reasonably practicable, disabled people should be given equivalent access to public transport.

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                    Disability
                    2014
                    UK

                    Closing adult day care centres without consultation is wrong

                    Related European Convention Articles

                    A disabled adult challenged the closure of an adult day care centre. The failure to consult users and relatives before the council decided to close it had been unlawful.

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                    Disability
                    2012
                    UK

                    The police mustn’t use excessive force when restraining disabled people

                    Related European Convention Articles

                    A severely autistic man was restrained by police. The conduct of the police had violated the prohibition against torture, his rights to liberty and security, respect for his private and family life, and disability discrimination laws.

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                    Disability
                    2001
                    Europe

                    A wheelchair is not an acceptable sleeping arrangement in custody

                    Related European Convention Articles

                    A woman had been detained by police for contempt of court. She had to sleep in her wheelchair as there weren't enough beds. The Court found that this, the dangerously cold conditions, and not being able to go to the toilet without male assistance, was degrading treatment.

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                      Disability
                      2012
                      Europe

                      The police must protect vulnerable people from unnecessary detention

                      Related European Convention Articles

                      A man was detained by the police for four days when he urgently needed psychiatric care. He got damages as this was an affront to human dignity and amounted to degrading treatment.

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                        Disability
                        1997
                        Europe

                        The state mustn’t detain psychiatric patients without proper safeguards

                        Related European Convention Articles

                        A man was detained in a maximum security psychiatric institution for four and a half years after he was found to no longer be suffering a mental illness. His right to liberty was breached because of inadequate safeguards against unreasonable delay.

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                          Disability
                          2015
                          UK

                          A disabled person can’t be evicted if it’s discriminatory

                          Related European Convention Articles

                          A disabled man facing eviction said he was being discriminated against by his landlord. The Supreme Court said that judges have to consider discrimination eviction cases carefully and in detail.

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                            Disability
                            2013
                            UK

                            Removing financial help for disabled people was unlawful

                            Related European Convention Articles

                            People receiving funding from the Independent Living Fund argued the its closure breached equality laws. The court agreed. There was no evidence that the government paid proper attention to the potentially grave impact on the disabled.

                            TOP 50
                            50 Cases
                            2012
                            UK

                            Steven Neary was unlawfully detained in care

                            Related European Convention Articles

                            Steven Neary lived at home with his father. He had autism and learning disabilities. The council removed him for a year. His wishes should have been listened to and the council should have involved his father from the start. His human right to family life was breached.

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                            TOP 50
                            50 Cases
                            2002
                            Europe

                            Criminalising assisted suicide doesn’t breach human rights

                            Related European Convention Articles

                            A woman with motor neurone disease said the ban on assisted suicide breached her human rights.The Court didn't doubt the firmness of her belief, but the state must protect right to life. There was risk of abuse in the system if assisted suicide was legalised.

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                            What Human Rights do for Disability
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