Human Rights Case Studies

OurKingdom's Human Rights Story

By On 06/02/2010
OurKingdom is the British blog of openDemocracy, the global website committed to openness, human rights and high quality reporting, debate and analysis of world affairs.
OurKingdom is the UK section. We are a group blog about the future of the UK, especially its constitutional, democratic and multi-national futures. For example, we have played a notable role in examining the...

RADAR: Our Human Rights Story

By RADAR On 06/02/2010

Our ambitions are to empower people experiencing ill health, injury or disability, through giving them choice and control over their lives, eliminating disability, poverty, and getting more disabled people into leadership positions so that they can bring about change from within organisations. These ambitions are grounded into the values of the Human Rights Act: freedom, respect, equality, dignity and autonomy.

The Human Rights Act goes where the Disability Discrimination Act...

Using the Human Rights Act to challenge delayed medical trement for man with Down's syndrome

Mrs M has a 61-year-old brother L who was blind through thick cataracts after having been on a waiting list for 18 months. The GP and hospital told Mrs M it would be another nine months before L would receive surgery.

L had been a fiercely independent man with full social life and was a well liked and respected member of his local community. Through the loss of his sight he was no longer able to leave his house alone, take part in his social activities or bathe, shave and dress...

Using the Human Rights Act to challenge the threatened eviction of a woman in labour

A failed asylum seeker was living in accommodation provided by the National Asylum Support Service (NASS). NASS issued a ‘termination of support’ notice to the woman while she was giving birth in hospital. She was a single mother and this was her second child. The notice period expired whilst she was still in hospital and upon return she and her children faced eviction.

After receiving BIHR training, a manager at a voluntary sector organisation suggested to NASS that...

Using the Human Rights Act to support a woman with self-harm history to participate in decisions about her care

By Cambridge House Advocacy On 06/02/2010

A woman who was an inpatient at a mental health hospital in London was very distressed after being told she could not close the door to her room because she was under 24 hour observation. She felt this infringed her right to a private life, protected by the Human Rights Act (Article 8 ECHR).

The woman’s advocate explained to her that in addition to its ordinary duty of care towards her, under the Human Rights Act the hospital had a positive obligation to protect her right to...

Using the Human Rights Act to support a woman with suicidal tendencies

By Cambridge House Advocacy On 06/02/2010

A woman was discharged from a mental health hospital in London before she felt she was ready for this. She had suicidal tendencies and was anxious about a delay in scheduling her follow-up care review meeting which did not take place within seven days of her discharge as required by the Care Programme Approach guidelines.

In addition to Standard 7 of the National Service Framework for Mental Health on preventing suicide, her advocate invoked her right to life (Article 2) protected...

Using the Human Rights Act used to challenge the blanket use of tilt-back chairs in a nursing home

An NHS nursing home in London had a practice of routinely placing residents in special ‘tilt-back’ wheelchairs, regardless of their mobility needs. This meant that residents who were able to walk unaided were stopped from doing so. This had a severe impact on their ability to make choices about everyday activities, as well as their capacity to feed themselves and use the bathroom.

A consultant pointed out to staff that their failure to consider the different mobility...