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COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES

Jurisprudence

CRPD - 12th session (15 September – 3 October 2014) Geneva

Reference Case Name Articles invoked Subject Matter Procedural issues Outcome Documents

CRPD/C/12/D/10/2013

Ms. S.C.

CRPD
3 (paras. (b) and (e); 4 (para. 1 (a), (b), (d) and (e); 5 (paras. 1 and 2); and 27 (para. 1 (a) and (b)

Employer policy allowing for demotion after prolonged medical leave.

___

Inadmissibility

Full case
E | F | S | C | A

CRPD/C/12/D/5/2011

Ms. Marie-Louise Jungelin

CRPD
5 and 27

Recruitment process, reasonable accommodation in the workplace and facts and evidence.

 

Views non-violation

Full case
E | F | S | C | A

CRPD - 11th session (31 March - 11 April 2014) Geneva

Reference Case Name Articles invoked Subject Matter Procedural issues Outcome Documents

CRPD/C/D/2/2010

Liliane Gröninger et al.

CRPD articles 3, 4, 5, 8 and 27

Failure to promote the right to work by failing to facilitate the inclusion of a person with disabilities into the labor market. - Views – violation Full case

E S R C

CRPD/C/11/D/8/2012 Mr. X. v. Argentina CRPD articles 9; 10; 13; 14, párrafo 2; 15, párrafo 2; 17; 25; y 26 Denial of home arrest, conditions of detention, and access to adequate medical care and rehabilitation for persons with disabilities while in detention. 2, para. (d) and (e)  Views – violation Full case

E  F S R A

CRPD - 10th session (2 to 13 September 2013) Geneva

Reference Case Name Articles invoked Subject Matter Procedural issues Outcome Documents
CRPD/C/10/D/4/2011 Zsolt Bujdosó and five others v. Hungary

CRPD articles 12 and 29

Failure by the State party’s authorities to eliminate discrimination on the ground of disability, and to respect the obligation to guarantee to persons with disabilities political rights, including the right to vote, on an equal basis with other citizens. - - Full case

E  F S R C A

CRPD - 9th session (15 to 19 April 2013) Geneva

Reference Case Name Articles invoked Subject Matter Procedural issues Outcome Documents
CRPD/C/9/D/1/2010 Szilvia Nyusti, Péter Takács and Tamás Fazekas v Hungary

CRPD articles 5, paras. 2 and 3; 9 and 12, para. 5

OPCRPD article 2(e) and (f)

Failure by the State party’s authorities to eliminate discrimination on the ground of disability by a private credit institution and to ensure that persons with visual impairments have an unimpeded access to the services provided by the ATMs on the equal basis with the other clients. Level of substantiation of a claim; ratione temporis Views – violation Full case

E F S  R C A

CRPD- 8th session (17 to 28 September 2012) Geneva

Reference Case Name Articles invoked Subject Matter Procedural issues Outcome Documents
CRPD/C/8/D/6/2011 Kenneth McAlpine v. The United Kingdom of Great Britain and Northern Ireland CRPD articles 4 (1 (d) and (e); 5 (2); 8 (1 (b); 12 (4); 22 (1); 27 (1 (a)
OPCRPD articles 2 (c); (e) and (f)
Redundancy procedure of the author as an employee with diabetes mellitus (type 1 diabetes) The facts occurred prior to the entry into force of the OPCRPD for the State party; issues have been examined by another procedure of international investigation or settlement; the complaint is manifestly ill-founded or not sufficiently substantiated Inadmissibility - article 2, paragraph (f), of the Optional Protocol Full case

E F S C A

CRPD- 7th session (16 to 20 April 2012) Geneva

Reference Case Name Articles invoked Subject Matter Procedural issues Outcome Documents
CRPD/C/7/D/3/2011 H.M. v Sweden CRPD articles 1; 2; 3; 4; 5; 9; 10; 14; 19; 20; 25; 26 and 28
OPCRPD article 2(e)
Refusal to grant building permission for the construction of a hydrotherapy pool for the rehabilitation of a person with a physical disability on grounds of incompatibility of the extension in question with the city development plan Non-substantiation of claims; Views – violation Full case

E  F  R  S C A

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