What Human Rights do for Disability - RightsInfo

What Human Rights do for Disability

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Disability
2012
UK

The High Court can always protect vulnerable adults when needed

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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
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
    2010
    UK

    The law now protects disabled people in many areas

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    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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    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
      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

        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
        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.

        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
        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
        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
          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.

          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
          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

            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
              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
                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
                  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
                    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
                    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
                    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

                    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
                      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
                        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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                          What Human Rights do for Disability
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