Rights of persons with disabilities
All Updates
B.M. v. Spain, no. 25893/23
Compulsory committal of the applicant to a psychiatric hospital, approved by a court after a hearing held via Zoom due to the COVID-19 pandemic, and without an in-person examination by a court-appointed doctor.
Judgment
Krpelík v. the Czech Republic, no. 23963/21
Criminal conviction of an intellectually disabled person based on pre-trial statements made in the absence of a lawyer and interpreted as a waiver of his right to be represented, causing non-pecuniary damage in the form of distress and frustration.
Judgment | Legal Summary
Á.F.L. v. Iceland, no. 35789/22
Alleged failure of the authorities to provide the disabled applicant with reasonable accommodation in the form of support measures to assist him in taking care of his daughter, which resulted in his being deprived of custody.
Judgment
Martinez Fernandez v. Hungary, no. 30814/22
Involuntary detention and treatment of an elderly woman with dementia in a psychiatric hospital for six days.
Judgment
I.C. v. the Republic of Moldova, no. 36436/22
Alleged labour exploitation and sexual abuse of the applicant, a woman with intellectual disabilities, after her removal from State care and placement with a family on a farm, against the background of a general institutional passivity and/or lack of awareness of the phenomenon of violence against women with disabilities in the respondent State.
Judgment
Petrosyan v. Armenia, no. 51448/15
Death in detention, allegedly by suicide, of the applicant’s son who had been suffering from mental health issues.
Judgment
M.T.S. and M.J.S. v. Portugal, no. 39848/19
Guardianship proceedings in which the first applicant’s brother, rather than the first applicant, was appointed as the guardian of their mother (the second applicant), who had previously indicated, by a notarized act, that she wanted the first applicant to take care of her personal affairs and bank accounts.
Judgment
Clipea and Grosu v. the Republic of Moldova, no. 39468/17
De facto involuntary stay and treatment in a psychiatric hospital under inhuman and degrading material conditions, and ineffective and discriminatory investigation thereof.
Judgment
E.T. v. the Republic of Moldova, no. 25373/16
Inability of the applicant, declared totally incapacitated owing to her mental illness, to bring a court action aimed at restoring her legal capacity.
Judgment
S. v. the Czech Republic, no. 37614/22
Reasonable accommodation of an autistic child’s special needs in primary school.
Judgment
İ.G. v. Türkiye, no. 32887/19
Ineffective investigation into rape of applicant suffering from intellectual and physical disabilities.
Judgment
Djeri and Others v. Latvia, nos. 50942/20 and 2022/21
Alleged discrimination against Russian-speaking children with special needs as regards the use of State language in pre-school education.
Judgment
Sahraoui and Others v. France, no. 35402/20
Death in prison of a drug-addicted prisoner as a result of intoxication by prescribed and non-prescribed drugs.
Judgment | Legal Summary
L.T. v. Ukraine, no. 13459/15
Criminal proceedings against the applicant resulting in her committal to a psychiatric facility.
Judgment
V.I. v. the Republic of Moldova, no. 38963/18
Involuntary placement in a psychiatric hospital and psychiatric treatment of a 15-year-old orphaned child with a mild intellectual disability.
Judgment
Diaconeasa v. Romania, no. 53162/21
Withdrawal of the provision of a State-funded personal assistant for a physically disabled individual resulting in a severe loss of autonomy.
Judgment
Bogdan v. Ukraine, no. 3016/16
Validity of a waiver of the right to a lawyer signed by a person addicted to drugs and suffering from withdrawal symptoms.
Judgment | Legal Summary
Miranda Magro v. Portugal, no. 30138/21
Indication to take general measures due to structural issues arising in the context of the enforcement of preventive detention measures in prison facilities, in order to secure appropriate living conditions and the provision of suitable and individualised forms of therapy to mentally ill persons.
Judgment | Legal Summary
V v. the Czech Republic, no. 26074/18
Respondent State’s failures due to a psychiatric hospital patient dying following his repeated tasing by the police and the administration of a tranquiliser by a nurse.
Judgment | Legal Summary
A.A.K. v. Türkiye, no. 56578/11
Placement of the applicant under guardianship, following a procedure which concluded that she suffered from a mental disorder hindering her legal capacity.
Judgment
Calvi and C.G. v. Italy, no. 46412/21
Legal-protection measure imposed on an elderly person and his placement in nursing home in social isolation for three years.
Judgment | Legal Summary
T.H. v. Bulgaria, no. 46519/20
Primary school’s response to aggressive and disruptive behaviour of a child with developmental disorder.
Judgment | Legal Summary
Berisha v. Switzerland (dec.), no. 4723/13
Expense cap for the care of a person with serious disabilities at home.
Decision | Legal Summary
G.M. and Others v. the Republic of Moldova, no. 44394/15
Forced abortions and birth-control measures carried out on intellectually disabled women residents in a psychiatric asylum.
Judgment | Legal Summary
Bierski v. Poland, no. 46342/19
Father’s contact with incapacitated adult son. Applicability and merits.
Judgment | Legal Summary
Kaganovskyy v. Ukraine, no. 2809/18
Conditions of confinement at a psychoneurological residential institution of a vulnerable person with mental disorder.
Judgment
Thörn v. Sweden, no. 24547/18
Conviction and fine for unauthorised cannabis production for personal treatment of chronic pain.
Judgment | Legal Summary
Traskunova v. Russia, no. 21648/11
Heightened protection required for participation of mentally ill persons in clinical trials, with particularly strong safeguards.
Judgment | Legal Summary
Arnar Helgi Lárusson v. Iceland, no. 23077/19
Lack of wheelchair access to two public buildings. Applicability and merits.
Judgment | Legal Summary
Dragan Kovačević v. Croatia, no. 49281/15
Refusal to award a person with mental disorder the costs of their successful constitutional complaint.
Judgment | Legal Summary
Laniauskas v. Lithuania, no. 48309/19
Continued detention of visually impaired convicted prisoner.
Judgment
Normantowicz v. Poland, no. 65196/16
Special-needs prisoner's medical care and length of the examination of his request for a licence for prison leave on health grounds.
Judgment
Gonçalves Monteiro v. Portugal, no. 65666/16
Disappearance of an 18-year-old woman with schizophrenia and suicidal tendencies. Applicability and merits.
Judgment | Legal Summary
Reyes Jimenez v. Spain, no. 57020/18
National law requiring written consent before a surgical operation; medical procedures that resulted in a significant deterioration in the applicant’s physical and neurological health.
Judgment | Legal Summary
Anatoliy Marinov v. Bulgaria, no. 26081/17
Loss of the right to vote due to partial guardianship order.
Judgment | Legal Summary
Jivan v. Romania, no. 62250/19
No personal assistant for an old disabled applicant.
Judgment
N.M. and Others v. France, no. 66328/14
No compensation for a child born disabled as a result of a fault during the prenatal diagnosis, through retrospective application of the law. Applicability and merits.
Judgment | Legal Summary
Negovanović and Others v. Serbia, nos. 29907/16 and 3 others
Different legal treatment for people with disabilities in the world of sports.
Judgment | Legal Summary
Sy v. Italy, no. 11791/20
Detention for two years in an ordinary prison of an applicant suffering from psychiatric disorders.
Judgment | Legal Summary
Savran v. Denmark [GC], no. 57467/15
Applicability: deportation of a seriously ill alien and the necessity of the Paposhvili threshold test.
Judgment | Legal Summary
N. v. Romania (no. 2), no. 38048/18
Applicant’s full legal incapacitation and change of legal guardian.
Judgment | Legal Summary
W.A. v. Switzerland, no. 38958/16
Additional preventive detention after having served final conviction in ordinary prison of a mentally ill serious offender.
Judgment | Legal Summary
Toplak and Mrak v. Slovenia, nos. 34591/19 and 42545/19
Voting procedure for disabled voters.
Judgment | Legal Summary
Badalyan v. Azerbaijan, no. 51295/11
Serious mental injuries detected after long captivity, allegedly due to ill-treatment during detention.
Judgment
Hasáliková v. Slovakia, no. 39654/15
The defence rights of an accused with slight intellectual disability.
Judgment
Denis and Irvine v. Belgium [GC], nos. 62819/17 and 63921/17
Compulsory confinement of offenders with mental disorders (Article 5 § 1 (e) and Article 5 § 4) and the adoption of a new law.
Judgment | Legal Summary
M.K. v. Luxembourg, no. 51746/18
Placement under protective supervision of an elderly and vulnerable person on the grounds of "extravagant spending". Interpretation of national law by reference to a foreign former law.
Judgment | Legal Summary
Caamaño Valle v. Spain, no. 43564/17
Judicial disenfranchisement of applicant's daughter with intellectual disability.
Judgment | Legal Summary
Epure v. Romania, no. 73731/17
Detention in a maximum security prison of a detainee with permanent disability and history of self-aggression.
Judgment
D.C. v. Belgium, no. 82087/17
Psychiatric internment on the basis of case file documents, the applicant refusing to undergo an expert evaluation. Hearings in camera.
Judgment
