What Human Rights do for Disability - RightsInfo

What Human Rights do for Disability

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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

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
    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
      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
        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
          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
          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
            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
              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 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
                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
                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
                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
                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
                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
                  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
                  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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                    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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                    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
                    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
                      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
                        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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                        What Human Rights do for Disability
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