What Human Rights do for Disability - RightsInfo

What Human Rights do for Disability

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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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    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
      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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        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
        2009
        UK

        The human rights of disabled people are protected by a 2009 Convention

        Related European Convention Articles

        The purpose of the Convention on the Rights of Persons with Disabilities is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

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          TOP 50
          50 Cases
          UK
          2001

          You can’t be detained without medical proof of why

          Related European Convention Articles

          If you’re detained by the state because you are mentally ill, the reason for your detention must be regularly reviewed. It wasn't for detained mental health patients to demonstrate why they should be released - the treating clinicians should have to justify continuing detention. The law was later changed.

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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
            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
            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
            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
              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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              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
                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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                  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
                  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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                  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
                  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
                    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
                      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 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.

                        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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                          What Human Rights do for Disability
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