Prominent Disability Caselaw Links
Prominent Disability Case Law
The Convention on the Rights of Persons with Disabilities (CRPD) entered into force on May 3, 2008. Thus, caselaw based on the Convention has yet to develop. The CRPD ensures the equal legal capacity of persons with disabilities, and their right to live in the community. The cases below were decided without reference to the CRPD but illustrate similar principles:
Dawson v. Canada Post Corporation (2008 CHRT 412008/10/03). Ruling by the Canadian Human Rights Commission that the failure to accommodate a woman with autism violated her rights under the Canadian Human Rights Act.
Mental Disability Advocacy Center v. Bulgaria(Complaint No. 41/2007). Ruling by the European Committee of Social Rights that Bulgaria violated the human rights of children with intellectual disabilities under the European Social Charter by institutionalizing them in settings without equal access to education.
D.H. and Others v. The Czech Republic (Application no. 57325/00) (13 November 2007). Ruling by the European Court of Human Rights that the Czech Republic violated the European Convention on Human Rights and Fundamental Freedoms by assigning non-disabled Roma children to segregated special education schools.
Case of Shtukaturov v. Russia (Application no. 44009/05) (27 March 2008) Ruling by the European Court of Human Rights that Russia violated the European Convention on Human Rights and Fundamental Freedoms through several acts that deprived an individual with mental disabilities of his legal capacity, including placing him in an institution.
Olmstead v L.C. 527 U.S. 581 (1999). Ruling by the United States Supreme Court that persons with disabilities are entitled to live in the least restrictive environment and to participate in their communities.
This section will be updated as rulings are handed down that reference the Convention on the Rights of Persons with Disabilities and enforce its principles.
The following organizations are actively involved in bringing law suits and publishing reports of human rights violations against persons with disabilities, especially persons with intellectual and psycho-social disabilities: