What Human Rights do for Disability - RightsInfo

What Human Rights do for Disability

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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
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
    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
    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
      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
      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
      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
        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
        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
        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
            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
              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
                  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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                  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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                  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
                  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
                  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
                  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
                  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
                  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
                    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
                      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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                        What Human Rights do for Disability
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