What Human Rights do for Disability - RightsInfo

What Human Rights do for Disability

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Disability
2009
UK

There’s protection for vulnerable adults mistreated in hospitals

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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
1997
Europe

The state mustn’t detain psychiatric patients without proper safeguards

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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
    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
      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
        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
          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
          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
            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
              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
              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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                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

                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
                  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
                  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
                  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
                      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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                        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
                          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
                          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
                          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
                          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
                          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

                            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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                            What Human Rights do for Disability
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