57 judgments found.

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

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 T-974/10

Country: Colombia
Year: 2010
Court: Constitutional Court
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Séptima de Revisión de Tutelas noviembre 30, 2010, M.P.: Jorge Ignacio Pretelt Chaljub, Sentencia T-974/10 (Colom.).
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Mental health, Poverty
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to education, Right to health
Facts:

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

Tags: Access to health care, Access to treatment, Child development, Children, Disabled, Health expenditures, Health funding, Health insurance, Low income, Mental retardation, Minor, Out-of-pocket expenditures, Pediatric health, Physically challenged, Poor, Subsidies, Underprivileged
Download Judgment: Spanish

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

Payel Sarkar v. Central Board of Secondary Education and Ors

Country: India
Year: 2010
Court: High Court of Calcutta
Citation: AIR 2010 Calcutta 74
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Mental health
Facts:

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

Tags: Blind, Child development, Children, Disabled, Examination, Handicapped, Health care professionals, Health care workers, Physically challenged, Psychiatry
Download Judgment: English

Toussaint v. Canada (Attorney General)

Country: Canada
Year: 2010
Court: Federal Court
Citation: (2010) FC 810
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines, Poverty
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to health, Right to life
Facts:

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

Tags: Access to health care, Access to medicines, Access to treatment, Diabetes, Emergency care, Essential medicines, Examination, Health funding, Health regulation, Humiliating treatment, Immigrants, Immigration, Indigent, Kidney disease, Low income, Migrants, Physically challenged, Poor, Pulmonary disease, Testing, Underprivileged
Download Judgment: English

Boyle v. SCA Packaging Ltd.

Country: United Kingdom
Year: 2009
Court: House of Lords
Citation: [2009] UKHL 37
Health Topics: Disabilities
Human Rights: Freedom from discrimination
Facts:

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

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