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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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
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

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
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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    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
      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
        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
          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
            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
              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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                  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
                  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
                    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
                      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
                        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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                        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
                        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
                        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
                          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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                          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
                          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
                          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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