69 judgments found.

R v. DAI

Country: Canada
Year: 2012
Court: The Supreme Court of Canada
Citation: [2012] SCC 5
Health Topics: Disabilities, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The Crown alleged that the complainant, a 26-year-old woman with the mental age of a three to 6-year-old was repeatedly sexually assaulted by her mother’s partner D.A.I during the four years that he lived in their home. The Crown sought to call the complainant to testify about the alleged assaults. The trial judge found that …Read more

Tags: Assault, Competence to testify, Differently abled, Disabled, Handicapped, Incapacity, Incompetence, Law enforcement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Psychology, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Violence against women
Download Judgment: English

ZH v. The Commissioner of Police for the Metropolis

Country: United Kingdom
Year: 2012
Court: Central London County Court
Citation: [2012] EWHC 604 (QB)
Health Topics: Disabilities, Mental health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to privacy
Facts:

At the time of the events involved in the case, ZH was a sixteen-year-old boy who suffered from autism and epilepsy. ZH was taken on a pool visit where he became fixated by the water. His carers and the pool staff could not touch him because he would have reacted adversely. The pool manager called …Read more

Tags: Differently abled, Disabled, Handicapped, Law enforcement, Mental disability, Police
Download Judgment: English

Case 0005-08-AN

Country: Ecuador
Year: 2011
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 0005-08-AN, April 2, 2009
Health Topics: Disabilities
Human Rights: Freedom from discrimination, Freedom of movement and residence
Facts:

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

Tags: Disabled, Handicapped, Physically challenged
Download Judgment: English Spanish

Case 115

Country: Bulgaria
Year: 2011
Court: Commission for Protection against Discrimination in Republic of Bulgaria
Citation: CPAD. 2011. Judgment No. 115.
Health Topics: Disabilities
Human Rights: Freedom from discrimination
Facts:

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

Tags: Blind, Disabled, Handicapped, Physically challenged
Download Judgment: English

Case 828/2011

Country: Spain
Year: 2011
Court: Supreme Court
Citation: STS 828/2011
Health Topics: Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to work
Facts:

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

Tags: Disabled, Employment, Handicapped, Health insurance, Physically challenged
Download Judgment: English Spanish

Case D-358/2009

Country: Belarus
Year: 2011
Court: Constitutional Court
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to education, Right to favorable working conditions, Right to food, Right to health, Right to housing, Right to social security, Right to work
Facts:

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

Tags: Aged persons, Disabled, Elderly, Handicapped, Health funding, Informed choice, Long-term care, Non-consensual testing and treatment, Older persons, Patient choice, Physically challenged, Senior citizens, Social security
Download Judgment: English Belarusian

Centre For Health, Human Rights and Development (CEHURD), et al. v. The Attorney General

Country: Uganda
Year: 2011
Court: Constitutional Court
Citation: Constitutional Petition No. 64 of 2011
Health Topics: Disabilities, Mental health, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

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

Tags: Compulsory confinement, Cruel and unusual punishment, Degrading treatment, Differently abled, Disabled, Handicapped, Humiliating treatment, Involuntary commitment, Involuntary confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation
Download Judgment: English

Dr. Ajith C.S. Perera v. Attorney General and Others

Country: Sri Lanka
Year: 2011
Court: Supreme Court
Citation: S.C. (FR) No. 221/2009
Health Topics: Disabilities
Human Rights: Freedom from discrimination
Facts:

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

Tags: Disabled, Handicapped, Physically challenged
Download Judgment: English

Case 2010-2 QPC

Country: France
Year: 2010
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2010-2 QPC, June 11th 2010
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to social security
Facts:

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

Tags: Abortion, Abortion counseling, Access to health care, Children, Compensation, Disabled, Handicapped, Health insurance, Health regulation, Infant health, Minor, Misdiagnosis, Therapeutic abortion
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Ministry of Health v. Atkinson

Country: New Zealand
Year: 2010
Court: High Court
Citation: [2010] NZHC 1216
Health Topics: Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
Facts:

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

Tags: Access to health care, Budget, Disabled, Handicapped, Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Physically challenged, Reimbursement, Social security, Subsidies
Download Judgment: English