Disability (Persons with)

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O’Donoghue v. Minister for Health & Ors, [1993] I.E.H.C.2 (Ir.)

Applicant Paul O’Donoghue was born in November 1984 and contracted Reyes Syndrome, a serious viral infection, at eight months old, suffering brain damage as a result.

Disability Advocates, Inc. v. David A. Paterson and Others, 653 F.Supp.2d 184 (2009)

Disability Advocates, Inc. (DAI) brought a suit before the U.S. District Court (NY) asserting that New York State discriminated against individuals with disabilities in violation of the ADA’s integration mandate, which requires that individuals with mental illness residing in adult care facilities in New York receive services in the most integrated setting possible in order to increase interaction with the broader community.

Glor v. Switzerland

Glor, was declared unfit for mandatory military service or the alternative civil service offered to conscientious objector due to diabetes. He was ordered to pay a tax for exemption from military service, as he fell below the 40% disabled threshold for exemption from the tax. The tax was for a non-negligible amount assessed over several years. Glor claimed a violation of his rights under Article 14 in conjunction with Article 7 of the European Convention on Human Rights for discrimination on the basis of a disability.

Arab NGO Network for Development (ANND)

Country:

Lebanon

Working Group(s) / Area(s) of Work:

Women & ESCR

Corporate Accountability

Economic Policy

OP-ICESCR

Economic and Social Rights Academic Network UK and Ireland (ESRAN-UKI)

Country:

United Kingdom

Working Group(s) / Area(s) of Work:

OP-ICESCR

Decision T-974/10. Writ for the protection of constitutional rights. Piedad Cristina Peña, on behalf of her daughter, María Alejandra Villa, vs. Entidad Promotora de Salud (EPS) Coomeva. File T-2.500.563

The mother of an intellectually disabled girl initiated a tutela action because her daughter had been diagnosed with cognitive deficit and microcephaly, and she could not afford the recommended integrated program of therapy and special education. The Constitutional Court accepted to review the case and ordered EPS Coomeva to coordinate with local education agencies to obtain a comprehensive medical assessment of the minor, as well as to determine the medical and educational services required for her disability.

Decision T-051/11. Writ for the protection of constitutional rights. Julio David Pérez vs. Mayor's Office of Montería. File T-2650185

Complainant is hearing impaired and had completed the first semester in the Primary School Teacher's College at Montería, but was not able to continue on past the first year because based on the applicable law (paragraph 3, Art 9 of Decree 366/2009) established that a minimum presence of 10 students with hearing disabilities was necessary to require sign language interpreters in educational institutions.

Western Cape Forum for Intellectual Disability v. Government of the Republic of South Africa & Government of the Province of Western Cape, Case no: 18678/2007

The applicant is a body that represents over 150 member organizations that provide care for children living in the Western Cape who have severe and profound intellectual disabilities. In the Western Cape, the only available education for children who are severely and profoundly intellectually disabled occurs at "Special Care Centers" operated by non-governmental organizations. There are an insufficient number of such Special Care Centers and the children who are not able to obtain care at these centers receive no care at all.

Reyes Aguilera, Daniela v. Argentina

The case was filed in March 2003 to force the Comisión Nacional de Pensiones Asistenciales (national agency in charge of welfare pensions) to grant a disability pension to Daniela Reyes Aguilera, a Bolivian girl who has a disabling condition preventing her from moving legs and arms, speaking, and eating on her own. Article 1, paragraph "e" of Decree 432/1997, which requires foreign citizens to prove legal residence in Argentina for at least twenty years in order to qualify for disability pensions, was contested as unconstitutional.

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