anty law for disabled

LoveCoke

A friend who is disabled and on disability allowance and having to pay for medication with med card has no internet

He asked me to find out if there is any way to take a legal action to europe court of human rights in ralation to cutback on disability allowance or things like free electricity or generaly how disabled are paying for the crooks who robbed the country

He says even peole like new beginnings are only interested in people who lost home etc. no one supports disabled

LowKeyReturn

The range of subjects that lawyers and law academics are interested in is as about as diverse as you'd ever come across. Start with FLAC and PILA (google it) and go from there.

LoveCoke

LowKeyReturn wrote: »

The range of subjects that lawyers and law academics are interested in is as about as diverse as you'd ever come across. Start with FLAC and PILA (google it) and go from there.

Thanks heard of FLAC but not PILA will google. But is there any way something like that could be done

LowKeyReturn

I've no idea - I very much doubt it Article 45 is non justiciable and states have a right to make their own social policy. If you wanted to make a case you'd probably want to identify a specific breach such as denial of access to the internet or telephone etc.

All this is the ramblings of someone seeking legal enlightenment by primarily drinking beer so take it for what it's worth.

Cody Pomeray

An applicant must ordinarily exhaust the domestic legal remedies open to him, i.e. the High Court and the Supreme Court in this jurisdiction. only after these avenues have been explored can an applicant be heard by the European Court.

An applicant could make a direct application to the European Court in a situation where he could demonstrate that a domestic remedy can not be effected.

In my opinion, there may be some grounds for taking such a position, given that the Disability Rights Convention (upon which I am assuming an applicant would primarily rely) has no direct application in Irish law, and the High Court has recently held that, taken in light of Constitutional requirements (Art. 29.4), it is difficult to see how the Disability Rights Convention can give rise to any justiciable legal rights.

It is impossible to speculate on the legal merits of any claim because we haven't established what rights are claimed to be denied or infringed.

Pro Hoc Vice

Cody Pomeray wrote: »

An applicant must ordinarily exhaust the domestic legal remedies open to him, i.e. the High Court and the Supreme Court in this jurisdiction. only after these avenues have been explored can an applicant be heard by the European Court.

An applicant could make a direct application to the European Court in a situation where he could demonstrate that a domestic remedy can not be effected.

In my opinion, there may be some grounds for taking such a position, given that the Disability Rights Convention (upon which I am assuming an applicant would primarily rely) has no direct application in Irish law, and the High Court has recently held that, taken in light of Constitutional requirements (Art. 29.4), it is difficult to see how the Disability Rights Convention can give rise to any justiciable legal rights.

It is impossible to speculate on the legal merits of any claim because we haven't established what rights are claimed to be denied or infringed.

Not trying to be pedantic (maybe just a little bit I accept) but there are a number of European Courts, ECJ, ECHR ECA. The UK media and to a lesser extent the Irish media are often quoting one when the mean the other.

Cody Pomeray

European Court of Human Rights, obviously.

LoveCoke

Thanks everyone. i do not really know enough to know what rights are claiming to be infringed. I will ask if he can elaborate. He just askeme to find out if any action could be taken to challenge the way disabled are being cut back on and medicine has to be partially paid for even though he has a medical card an dhe has been cut back on free electricity allowance

He cannot work and that is genuine. And things ar every tight