The applicant was a citizen of Saint Vincent and the Grenadines who entered Canada on a visitor visa, and remained in Canada illegally after his visa had expired. During this time, he was hospitalized after losing his eyesight and memory. He was diagnosed with a benign tumor affecting his brain and pituitary gland. The tumor …Read more

This case concerned an application against the Czech Republic lodged with the European Court of Human Rights (ECHR) under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The applicant alleged that he was ill-treated in a sobering-up centre in violation of Article 3 of the Convention, and …Read more

The applicant Mr Vladimir Aleksandrovich Vasilyev, a Russian national was born in1953. In 1996 he was arrested for attempted rape and several counts of murder. Later in December, 1997 he was convicted of rape and murder and was sentenced to death by the Supreme Court of the Komi Republic. In 1999 the President of Russia …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Institute of Social Services for Retiree [Instituto Nacional de Servicios Sociales para Jubilados y Pensionados – PAMI] in the First Instance Court which admitted the suit and ordered the respondent to pay monthly for the coverage of an domiciliary …Read more

Exercising its obligatory preliminary control powers, the Constitutional Court of the Republic of Belarus considered the constitutionality of the Law of the Republic of Belarus on Making Alterations and Addenda to Certain Laws of the Republic of Belarus on Social Protection of the Disabled People (the Law). The law made amendments and additions to previous …Read more

This case was filed by the Secretary General of IDIRIYA, Dr. Ajith C.S. Perera. IDIRIYA is a non- profit organization advocating for disability-related access issues. The Act for the Protection of the Rights of Persons with Disabilities Act, No. 28 of 1996, together with the Disabled Persons (Accessibility) Regulations, No.1 of 2006, specify the manner …Read more

The complaint was brought by Zoya Trifonova, in her capacity as chairperson for the foundation “Center for Hope” against ‘Metropolitan’ EAD, an entity owned by Sofia municipality and administrator of the city’s metro rail services. The construction of the metro station ‘Sofia University’ hindered the access of persons with disabilities to use public transportation. Trifonova’s …Read more

Mercadona SA (the “employer”) sought review of a decision from the appellate court that declared the dismissal of Mr. Fernando (the “employee”) null and void and required the employer to re-employ the employee and pay back-wages from the date of dismissal. The employee was hired as a manager at one the employer’s facilities in March …Read more

This case was a noncompliance action brought by the plaintiffs, Silvia Game Muñoz y Alfredo Luna Narváez, in respect of Art. 23 of the Law Restating the Law regarding Persons with Disabilities (“LRLPD”), which provided for the importation of certain vehicles for the use of persons with disabilities. The first plaintiff had previously obtained a favorable ruling …Read more

This case was a review of the constitutionality of the Agreement on Social Security signed between the governments of Spain and Ecuador, to provide nationals working in the companion State with the same benefits as they would receive in their home country. In Spain’s case, this required provision for temporary disability during mass outbreaks of …Read more

The Centre for Health, Human Rights and Development (“CEHURD”) alleged that Uganda passed laws that were (1) degrading to mentally challenged individuals and (2) contrary to the Ugandan Constitution (“Constitution”). The factual issue at hand involved the claim that people with mental disabilities were being detained for long and indefinite periods of time without due …Read more

This claim was brought on behalf of the injured by her mother, who asserted that the failure of the Peruvian health system to ensure access to essential services for women, in this case therapeutic abortion, compromises its obligations under the Convention on the Elimination of All Forms of Discrimination against Women, entered into force in …Read more

The plaintiffs, in representation of their daughter, filed an anticipatory protection against the insurance company to cover for the medical treatment and medical instruments that their daughter needed because she suffered a car accident. The plaintiff’s daughter was riding a bicycle that got crushed by a car which dragged her and created many injuries and …Read more

The plaintiff, in representation of his daughter Yanet Marien Dupuy, brought the case to the National First Instance Civil Court [Juzgado Nacional de Primera Instancia en lo Civil n° 52] against the Modelo Quilmes Hospital [Sanatorio Modelo Quilmes] and the Social Help Office for the National Congress Personal [Dirección de Ayuda Social para el Personal del …Read more

In 2010, the New Zealand Human Rights Tribunal (the Tribunal) declared that the New Zealand government’s policy that excluded relatives of disabled persons from receiving public payments for providing home-care disability services  (the Policy) was discriminatory and thus, violated s 19 of the New Zealand Bill of Rights Act (NZBoRA). The Tribunal’s declaration was challenged …Read more

The applicant, a Colombian woman, tutela action (appeal for legal protection) on behalf of her daughter against EPS Coomeva, a health care provider in Colombia. The child was diagnosed with cognitive disabilities, which required, according to the Fundación Integrar de Medellín, an institution specialized in the care of patients, that the child receive special education …Read more

The applicant, G.Z. was diagnosed with Gaucher’s disease at the age of three. Gaucher’s disease was a rare disease which can only be successfully treated with the drug Cerezyme. If the disease was not treated, it could result in early death. G.Z’s parents claimed 100% reimbursement of the purchase costs of Cerezyme on G.Z’s behalf. …Read more

The QPC (Question prioritaire de constitutionnalité) process was created in France in 2008. It allows for preliminary rulings on the conformity of a legal provision with the Constitution. This disposition challenged the 2002 law (Paragraph I of section 1 of the Act of March 4th 2002) that states “No one shall claim he has sustained …Read more

A citizen appeared in the court of first instance, asking for judicial authorization to commit her uncle to a psychiatric hospital due to his mental disorders and alcoholism, in accordance with the first and second paragraphs of Article 763.1 of Law 1/2000 of the civil procedure code (“Art. 763.1”). The court of first instance remanded …Read more

Plaintiff went to the hospital to obtain an amniocentesis, which reported a karyotype of 46, XY normal. Upon plaintiff’s son’s birth, 6 months later, doctors suspected the child suffered from Down syndrome. Testing of the child’s blood revealed a karyotype of 47 XY +21. Rechecking the original amniotic fluid also found an abnormality. The error …Read more

The Petitioner, a student, was not allowed to sit for the All India Senior School Certificate Examination because of frequent absences from school. The Court accepted that her poor attendance record was attributable to a “special learning disability.” A provision in the school by-laws allowed for exemptions from school attendance policies for blind, physically handicapped …Read more

This case was an appeal of a constitutional protection (amparo) action before the Constitutional Court filed by the Public Defender of Human Rights, acting on behalf of Maritza Ninnette Cuellar Morales, against the Board of Directors of the Guatemalan Social Security Administration. The Board denied the claimant medical coverage for her spinal condition, based on …Read more

A girl allegedly raped claimed for abortion under the art. 86 (2) of the Criminal Code of Argentina, which excluded women from criminal liability when they have been raped and they were mentally disabled.  The girl had no disabilities. The First Instance Court authorized the abortion and, fifteen minutes later, gave notice to mass media. …Read more

This case discussed the type of approval necessary for a bilateral health agreement between Ecuador and Venezuela, signed by the Executive Branch. Ecuador’s Executive Branch signed an agreement with Venezuela to provide technical assistance, supplies and other equipment for persons with disabilities.  The President’s Secretary filed an inquiry with the Constitutional Court for the Transitional …Read more

The applicant challenged the decision of the Citizenship and Immigration Canada’s (‘CIC’) to deny her coverage under the Interim Federal Health Program (‘IFHP’) for her medical care, hospitalization, and related expenses. At the time the applicant began seeking medical services, she was illegally in Canada; her temporary resident visa had expired, and she had not …Read more

Mr. Schultz-Hoff, an employee of Deutsche Rentenversicherung Bund (DRB) with a recognized disability, became unfit to work in September 2004 and was on continuous sick leave until the termination of his employment on September 30, 2005. On May 13, 2005, during his sick leave, Mr. Schultz-Hoff requested that he take his remaining paid annual leave …Read more

The applicant, a Moldovan national, complained that the Republic of Moldova violated his rights under Articles 3, 5, and 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) by detaining him without a lawful basis and failing to provide proper medical care. Detention: The applicant was a deputy mayor …Read more

The Plaintiffs, aged, blind or disabled persons and legal resident aliens of New York State, brought these proceedings against the Commissioner of the New York State Office of Temporary and Disability Assistance (OTDA) after they became ineligible for Supplementary Security Income (SSI) from the federal government and Additional State Payments (ASP) provided by the State. …Read more