What Human Rights do for Disability - RightsInfo

What Human Rights do for Disability

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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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    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
      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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        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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          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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            TOP 50
            50 Cases
            2014
            UK

            Mentally incapacitated people have right to freedom

            Related European Convention Articles

            The living arrangements of three mentally incapacitated people were a breach of their right to liberty. "A gilded cage is still a cage", said the Supreme Court. Mentally incapacitated people had the same rights as everyone else

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            Disability
            2009
            UK

            There’s protection for vulnerable adults mistreated in hospitals

            Related European Convention Articles

            A patient with cerebral palsy was forbidden from eating and was fed through a tube in his stomach, against his wishes. A campaign group used human rights to persuade a hospital panel to agree to his wishes.

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            Disability
            2010
            UK

            The law now protects disabled people in many areas

            Related European Convention Articles

            The Equality Act outlaws discrimination on grounds of disability, age, sex, race, religion and other characteristics, at work and when receiving services. It brought together all existing anti-discrimination law.

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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
              2014
              UK

              Assisting suicide is still a crime, but watch this space

              Related European Convention Articles

              Two profoundley disabled men wanted help in ending their lives, which would be a crime. They were unsuccessful, but the court said that the criminal offence could breach the right to respect for private life. The Human Rights Act doesn't let courts override Parliament but, unusually, they did ask Parliament to reconsider.

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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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              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
                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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                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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                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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                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

                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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                  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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                  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
                  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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                    Disability
                    2014
                    Europe

                    The withdrawal of night-time care breached Mrs McDonald’s human rights

                    Related European Convention Articles

                    A woman with severely limited mobility complained that the withdrawal of night-time care breached with her right to respect for her private life. For a limited period, her right to respect for her private and family life was breached.

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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
                    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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                      What Human Rights do for Disability
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