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The Court’s parens patriae jurisdiction allows it to order the deprivation of a child’s liberty for protective purposes where statutory powers are inadequate
23 April 2013
Summary The Supreme Court of Victoria has held that a Court’s exercise of parens patriae jurisdiction can allow it to grant orders substantially restricting the liberty of a child where...
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Magistrates must inquire before imprisoning people with special circumstances for unpaid fines
4 March 2013
Summary The Court of Appeal held that there is a duty on Magistrates to inquire into whether infringement offenders have disabilities such as mental illness or intellectual disability, or other...
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Overrepresentation of ethnic minority children in remedial schools reveals racially discriminatory practices
29 January 2013
Summary The European Court of Human Rights (ECHR) has found that Hungary’s procedures for placing children in schools for children with mental disabilities resulted in discrimination against the Roma, curtailing...
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Failure to consider mental health in detention decision
27 September 2012
The UK High Court has recently considered the lawfulness of the detention of a mentally ill person. Facts The claimant was born in Rwanda and was of Tutsi ethnicity. He...
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Support worker breached prohibition against cruel or degrading treatment by dragging man with disability across carpeted hallway
15 August 2012
Davies v State of Victoria [2012] VSC 343 (15 August 2012) Summary In a landmark decision, Justice Williams of the Supreme Court found that the conduct of a disability support...
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Disability hate crimes and the State’s responsibility to protect the vulnerable
24 July 2012
Ðordević v Croatia [2012] ECHR 1640 (24 July 2012) Summary The European Court of Human Rights considered an application against the Republic of Croatia lodged by the first applicant, a...
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UN Committee on the Rights of Persons with Disabilities requires individual circumstances be considered to prevent discrimination
21 May 2012
HM v Sweden, UN Doc CRPD/C/7/D/3/2011 (21 May 2012) Summary HM v Sweden is the first decision of the UN Committee on the Rights of Persons with Disabilities. The Committee...
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