R v. DAI
Country: CanadaYear: 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
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
ZH v. The Commissioner of Police for the Metropolis
Country: United KingdomYear: 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
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
Case 0005-08-AN
Country: EcuadorYear: 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
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
Case 0028-10-TI
Country: EcuadorYear: 2011
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 0028-10-TI, July 22, 2010
Health Topics: Disabilities, Health care and health services, Health systems and financing, Occupational health, Sexual and reproductive health
Human Rights: Right to health, Right to social security
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
Case 115
Country: BulgariaYear: 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
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
Case 828/2011
Country: SpainYear: 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
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
Case D-358/2009
Country: BelarusYear: 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
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
Centre For Health, Human Rights and Development (CEHURD), et al. v. The Attorney General
Country: UgandaYear: 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
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
Dr. Ajith C.S. Perera v. Attorney General and Others
Country: Sri LankaYear: 2011
Court: Supreme Court
Citation: S.C. (FR) No. 221/2009
Health Topics: Disabilities
Human Rights: Freedom from discrimination
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
Dupuy, Daniel Oscar et al. v. Sanatorio Modelo Quilmes et al.
Country: ArgentinaYear: 2011
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: D. 640. XLIV.
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to housing, Right to life, Right to social security
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