Ms. Boyle brought a claim against her employer, SCA Packaging, under the Disability Discrimination Act 1995 (the 1995 Act). Ms. Boyle had been employed by SCA Packaging as a buyer/stock controller since 1969. In 1974, she consulted an ENT specialist about constant hoarseness in her throat. She was diagnosed with nodules on her vocal cords. …Read more

Plaintiff sued the Catalonian Institute of Health for alleged medical malpractice and lack of informed consent relating to an electrophysiological study that he underwent when he arrived at the hospital with severe arrhythmia and in an emergency condition. Plaintiff was a high-risk patient due to his past medical history, which included prior heart attacks and …Read more

Julio César Bravo Villata, a minor, was a beneficiary of the Guatemalan Social Security Institute.  He suffered from cerebral paralysis due to a respiratory arrest that occurred at the time of birth (a “congenital defect”) and his parents were told that once the child turned five, his treatment would be suspended. The Board of Directors …Read more

The plaintiff, Eugen Gabriel Radu, a Romanian national, applied to the European Court of Human Rights claiming that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, which prohibits torture and inhumane or degrading treatment. The plaintiff was sentenced in 2001 and again in 2006 for aggravated …Read more

Lucas Marino Sureda, a patient who suffered from multiple sclerosis, brought this case against the Health Insurance of the Judiciary to pay for an experimental T-Cell vaccine therapy. The patient claimed that he had been under an approved treatment since 1996 and it has caused his condition to worsen. The plaintiff went to the Regina …Read more

The plaintiff filed a suit against the concessionary company of the National Route N°12 for liquidated damages because the plaintiff was victim of a car accident when a horse crossed the Route in the middle of the night and he resulted injured. The First Instance Court of the City of Posadas admitted the suit. The respondent …Read more

The appellant, a woman suffering from multiple sclerosis, brought a claim against New Zealand’s Ministry of Health for discrimination contrary to s. 123(2) of the Human Rights Act, 1993. She claimed that if her disability had been caused by accident rather than illness, she would have received significantly greater disability benefits from the government under …Read more

A, a Russian national, was a former practicing member of the Moscow bar. On 29 March 2006 a Moscow district court authorized the criminal prosecution of A in connection with his alleged participation in the embezzlement of property and shares of several oil companies in the late 1990s. On 5 April 2006 Russian authorities searched …Read more

Citizens’ Association “Polio Plus” (the Association) challenged provisions of the Law on Mental Health (the Law) that regulated whether or not a person with mental illness would be given the right to possess personal items, such as clothing or items for hygiene, while resident in a mental health facility. These provisions stipulated that certain persons …Read more

This appeal concerns whether a doctor owes a tort law duty of care to a future child subsequently born of the doctor’s patient. Dr. Ramji prescribed Accutane to Dawn Paxton, mother of the plaintiff, Jamie Paxton, on the understanding that Dawn would not become pregnant while taking the drug. Due to her husband’s failed vasectomy, …Read more

The applicant was a Russian national who had been suspected of instigating a murder and arrested. He was released on bail a year after his arrest. After his release, the media reported that he was a criminal. Three months later, the applicant was convicted of the charge and sentenced to 8 years of imprisonment and …Read more

This case concerned whether there was unlawful discrimination under New Zealand’s Human Rights Act (1993) (“HRA”), where legislation provided financial support for a disability arising from an accident, but not for a disability arising from a degenerative process or the manifestation of a disease. Ms. Trevethicks (Plaintiff) suffered from multiple sclerosis. She could only drive …Read more

This case has comes after Decision No. 1 and before the judgment of the High Court. The Plaintiff challenged the government’s interpretation of the definition of “disability” in s.21(1)(h) of the Human Rights Act (“HRA”). The New Zealand government distributed different levels of funding to people with the same types of disabilities depending on the …Read more

E.E., an adult, was in a car accident in 1992. As a result of this accident, she entered into an irreversible vegetative coma. E.E. was not clinically dead, defined as the “irreversible  cessation  of  all  encephalon  functions,” but was clinically in a permanent vegetative state (PVS). She was kept alive through force-feeding by means of …Read more

Applicant alleged a violation of Article 8 (right to respect for private and family life) of the Convention when she had been refused a therapeutic abortion considered legal under the Family Planning Act of Poland–when the pregnancy is thought to endanger the mother’s life, as was the case here. Applicant suffered from severe myopia and …Read more

The applicant, an Icelandic national was born physically and mentally handicapped at the National and University Hospital (NUH). Linking the cause to possible mistakes on the part of the hospital staff, the applicant’s parents brought judicial proceedings on her behalf against the State of Iceland. The District Court found that the State was liable and …Read more

A minor diagnosed with progressive muscular dystrophy was denied access to a special Municipal transportation service called the ATENDE program because he was not yet using a wheelchair. The ATENDE program was instituted to meet the needs of handicapped people who could not otherwise access common public transportation. The Health Department of Sao Paulo, on …Read more

The plaintiff’s mother filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State for the discriminatory treatment of a Bolivian girl with a disability. The girl was born in Bolivia and migrated to Argentina. She requested a pension from the National State because of her disability. The National Social Security …Read more

The applicant was a Romanian national who had hemophilia and second degree disability. He had been examined  by the Medical Expert Reports and Occupational Rehabilitation Board (the Board) under the Ministry of Employment and Social Welfare (the Ministry) every year and issued with a temporary certificate that enabled him to receive certain entitlements, indicating his …Read more

In January 2000, Mrs. X went to the Royal Women’s Hospital (“the Hospital”). She was 32 weeks pregnant, and, after a multiple ultrasounds, it was confirmed that her baby had skeletal dysplasia (“dwarfism”). In February, a fetal reduction procedure was done and the baby was born by stillbirth. After termination, the fetus was found to …Read more

Vicki Yisraeli was gradually going deaf, and was diagnosed as having hearing at a level 15% of that of a healthy person. She sought a cochlear implant procedure to save her hearing. However, to obtain one, she was required under the Second Supplement of the National Insurance Law, 1994 (the Law) to pay a participation …Read more

The Applicant was a multi-handicapped child suffering from “Down Syndrome, a congenital heart defect and a delayed thyroid disorder”. He was being treated for his condition and, in the absence of treatment, it was expected that his physical and mental condition would deteriorate.  Applicant had applied for a grant of residence, which was denied by …Read more

T and W applied for support pursuant to the Ontario Disability Support Program Act, 1997 (‘the Act’). Their applications were denied by the Director of the Program and an internal review confirmed the Director’s decision. The Social Benefits Tribunal (‘the Tribunal’) dismissed the appeals pursuant to s 5(2) of the Act based on its finding …Read more

Terry Buffet, a male service member in the Canadian Armed Forces wanted to use his employment benefit for in vitro fertilization (IVF) because of reasons of his infertility. The Canadian Forces (CF) provided insurance for military members, but not for their family members. CF did, however, provide coverage of IVF to female military members. Upon …Read more

The Appellants, Leonel and others, were persons living with HIV. They applied for and were granted offers for flight attendant positions with American Airlines (American). Upon discovery of their HIV-positive status, American rescinded Appellants’ job offers, citing their failure to disclose information during their medical examinations. The Appellants had originally been given conditional offers of …Read more

The applicant was diagnosed with asbestosis and various other pulmonary diseases by the Labour-Expert Medical Commission (LEMC) in November of 1989. The Commission determined that the applicant qualified for second-degree disability. After a deterioration of the applicant’s health, in December of 1997, the LEMC categorized the applicant’s disability as first degree without the need for …Read more

The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Lionel and Christine Draon. AP-HP admitted liability for its negligence, and the Draons submitted an application to the Paris Administrative …Read more

The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Didier and Sylvia Maurice. Mr. and Mrs. Maurice submitted an application to the Paris Administrative Court for an assessment of …Read more

Applicant, a German national, alleged violations under Article 5 (right to liberty and security of person), Article 6 § 1 (right to a fair hearing) and Article 8 (right to respect for his private and family life) of the European Convention on Human Rights concerning her involuntary placement and medical treatment in a private clinic …Read more

In 2002, the ASSOCIATION AGAINST HANDIPHOBIA brought this challenge to Article L. 2123-2 of the Public Health Code, which allows for a guardian judge to impose contraception, sterilization and pregnancy termination on people with mental disabilities after rigorous review. The Association claimed the law was unconstitutional, a violation of the Declaration of the Rights of …Read more