The applicant was a Poland national with sight disability. He was taken by police officers to a sobering-up center as a result of an allegation made by post-office clerks that he was drunk and  disturbed at the post-office after checking his boxes on 5 May 1994. His conditions were recorded and he was assessed as …Read more

The Respondents, L. C. and E. W., both mentally disabled women, brought proceedings against the State alleging that the State’s failure to place them in a community-based program, after their treating professional had determined that such a placement was appropriate, violated Title II of the Americans with Disabilities Act of 1990 (ADA). Title II of …Read more

X was discharged from the Australian Defence Force (ADF) after he tested positive for HIV, in accordance with an ADF policy that sought to avoid transmission of HIV between soldiers. He subsequently filed a complaint with the Human Rights and Equal Opportunity Commission (the Commission), claiming his discharge constituted unlawful discrimination under the Disability Discrimination …Read more

Martha Susana Schauman de Scaiola filed a suit against Dr. Juan Manuel Padrón and the Regional Hospital of Río Gallegos of the Government of the Province of Santa Cruz to hold them responsible for her son’s death, due to medical malpractice. She claimed liquidated damages due to her suffering caused from the death of her …Read more

After disclosing she was HIV-positive on a patient registration form, Respondent Abbott was informed by her dentist, Petitioner, of his policy against filling cavities of HIV-infected patients. Petitioner offered to perform the work at a hospital with no added service fee, but with the cost of the use of the hospital’s facilities borne by Respondent. …Read more

The Respondent, Yeskey, brought this claim against Pennsylvania’s Department of Corrections alleging that his exclusion from a prison Motivational Boot Camp because of his medical history of hypertension violated the Americans with Disabilities Act of 1990 (ADA). ADA Title II prohibited a “public entity” from discriminating, excluding or denying benefits to a “qualified individual with …Read more

The plaintiff (Sidney Abbott), an asymptomatic HIV-individual, brought a discrimination suit against the defendant (Randon Bragdon), a dentist who refused to fill the plaintiff’s cavity in his dental office. Plaintiff asserted that this refusal of dental treatment was a violation of the American with Disabilities Act (ADA), 42 U.S.C. §12182 (1994), and the Maine Human …Read more

Michael Barry was an 81-year-old man who suffered from a number of disabilities and lived alone within the Gloucestershire County Council (the Council). Barry was originally assessed as requiring a number of home care services, but after budgetary cuts the Council informed Barry that they would no longer be able to perform cleaning and laundry …Read more

Robin Eldridge, John Warren, and Linda Warren were each born deaf. They alleged that the provincial government of British Columbia’s failure to provide funding for sign language interpreters for deaf persons when they received medical services violated the right to equality contained in s. 15(1) of the Canadian Charter of Rights and Freedoms.   Medical …Read more

IW was a member of the incorporated association known as People Living With AIDS (WA) Inc. (PLWA). PLWA applied for planning approval from the City of Perth for the use of premises as a daytime drop-in center for persons infected with or affected by HIV/AIDS. The City, via its executive body, the Council, refused the …Read more

Julian (J), a former fighter pilot, and Drake (D), who had become a naturalized New Zealand citizen in 1964, had been incarcerated by Japan during the Second World War in conditions where torture and maltreatment took place regularly. It was claimed that, as a direct consequence of this, they still suffered residual disabilities and incapacities. …Read more

Plaintiff, Yin, brought an action against her employer, the State of California Employment Department, to prohibit them from requiring her to release her medical records, submit to an examination, and be subject to discipline for refusing to do so. Yin had a “prolonged and egregious history of absenteeism and a record of on-the-job illnesses.” She …Read more

The Ontario Government provides funding for both secular public and Roman Catholic separate schools in the province under the Education Act 1990 (Ont), but contributes nothing to the funding of private religious schools. Several parents who, in accordance with their religious beliefs, send their children to private religious schools sought declarations that the Government’s failure …Read more

The applicant was a Finnish national who had retired from the military after receiving a shrapnel wound in his back during his service in the wars between Finland and the Soviet Union. Although the State Office for Accident Compensation (Compensation Office) acknowledged that the shrapnel wound was a “military injury” for purposes of compensation under …Read more

Simon Thwaites filed a complaint against the Canadian Armed Forces (CAF), alleging that it discriminated against him under the Canadian Human Rights Act (CHRA) by restricting his employment because of his HIV-positive status. Thwaites enlisted in the CAF in 1980 and by 1986 had risen to the rank of master seaman, a position that primarily …Read more

Schuler (S), who had contributed to the state invalidity insurance from her wages when working, contracted tuberculosis and was granted an invalidity pension when it was determined that she was unfit for work. She gave birth to a son in 1984 and, after being required to undergo a medical examination, her pension was cancelled with …Read more

“Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more

Appellant doctor appealed an award of $808,564.38 to respondent patient. Appellant doctor had operated on the right eye of respondent patient in an attempt to improve its appearance and restore some sight as respondent patient’s right eye had been sightless from a previous injury. The lower court had found that appellant doctor had operated with …Read more

John Doe brought a lawsuit against the Federal Bureau of Investigation (FBI) and Agent Held alleging that they discriminated against him by ceasing to send agents to him for physical examinations because of his AIDS. John Doe was a physician who gave physical examinations to FBI agents and to potential agents in the hiring process. …Read more

  The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia.  In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more

The Respondent, Arline, an elementary school teacher, brought suit against a local public school board alleging the school had violated § 504 of the federal Rehabilitation Act of 1973  (the Act) when they dismissed Arline after she suffered a third relapse of tuberculosis in two years. The following statutory provisions were relevant to Arline’s complaint: …Read more

The Richmond Hill Insane Asylum in Grenada was bombed by military aircraft belonging to the United States in 1983. Petitioners, including Disabled Peoples’ International, presented the names of sixteen persons who were killed and six who were injured and claimed that the deaths and physical injuries of the mental patients were caused by purposeful armed …Read more

In response to increasing projected state Medicaid costs, the directors of the Tennessee Medicaid program decided to implement a number of cost saving measures. Among these measures was a proposed reduction in the number of annual days of inpatient hospital care covered by the program from 20 to 14 days per fiscal year. Respondents, Tennessee …Read more

The Respondents, Cleburne Living Center (CLC) and others, brought suit against the City of Cleburne (the City) and a number of its officials, alleging that a zoning ordinance, and its application, violated the equal protection rights of CLC and its potential residents. CLC intended to lease a building for the operation of a group home …Read more

The applicant, a father of a mentally handicapped woman, found himself unable to institute criminal proceedings against an individual who had sexually assaulted his daughter due to a gap in the domestic criminal laws of the Netherlands, which required the victim to file the complaint herself. Although the victim was more than sixteen years of …Read more

The Respondents brought this suit challenging the constitutional validity of § 1903(f) of the Social Security Act (the Act); they claimed it violated the equal protection component of the Fifth Amendment. Under the Medicaid program, States were required to provide Medicaid coverage to certain individuals described as the “categorically needy” and, at their discretion, could …Read more

Respondent, Romeo, a severely mentally retarded adult male, was involuntarily committed to the Pennhurst State School and Hospital (Pennhurst), pursuant to the applicable involuntary commitment provision of the Pennsylvania Mental Health and Mental Retardation Act. While at Pennhurst, Respondent was injured on several occasions through his own violence and the reaction of other residents. He …Read more

Plaintiff Magnolia Lyons, a blind woman, brought action against defendant physician, Eugene Grether, for damages resulting from “breach of his duty to treat” on the claim that the defendant’s waiting room was a public place within the White Cane Act so that she had a right to have her guide dog with her. Plaintiff, her …Read more

The applicant argued that the refusal of the authorities to give her disabled daughter a medical card constituted a breach of her daughter’s right to life guaranteed by Article 2 (right to life) of the European Convention of Human Rights (“the Convention”). The applicant’s daughter suffered from a serious deformation of the larynx, which prevented …Read more

Ms. Nash brought an action for compensation under the Victorian Worker’s Compensation Act 1928 (the 1928 Act) against her former employers, Sunshine Porcelain. She claimed compensation was payable after she contracted silicosis in the workplace. Sunshine Porcelain Potteries employed Ms. Nash in the years 1931-38. During her time as an employee of Sunshine Porcelain, Ms. …Read more