What Human Rights do for Disability - RightsInfo

What Human Rights do for Disability

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Disability
2004
UK

Disabled people are treated equally at work (even if it needs more effort from employers)

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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
    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
    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
      2009
      UK

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

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      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
        1975
        UK

        Sterilisation is considered the deprivation of a basic human right

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        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

        Removing financial help for disabled people was unlawful

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        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
        2002
        Europe

        Criminalising assisted suicide doesn’t breach human rights

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        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
        2014
        UK

        Assisting suicide is still a crime, but watch this space

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        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
        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

          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
            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

              The police must protect vulnerable people from unnecessary detention

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              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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                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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                  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
                  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
                    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

                      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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                      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

                      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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                      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
                        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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                        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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                          What Human Rights do for Disability
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