What Human Rights do for Disability - RightsInfo

What Human Rights do for Disability

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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 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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    TOP 50
    50 Cases
    2012
    UK

    Steven Neary was unlawfully detained in care

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    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
    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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    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
    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
      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
        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 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
            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
            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
              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
                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
                  2013
                  UK

                  The social care system must be fair to disabled people

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                  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
                    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
                    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
                      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
                        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
                        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
                        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
                        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
                        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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                          What Human Rights do for Disability
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