CRPD/C/17/D/27/2015
3.2
The author further claims that since 2007 she has been deprived of a life and of
effective participation and inclusion in society due to her post-surgical illness, in breach of
her rights under article 10 of the Convention.
3.3
The author also claims that her rights under article 12 of the Convention have been
violated as the court system failed to acknowledge the serious concerns that she had raised
in relation to her clinical negligence claim before the County Court in 2013. She claims that
it was impossible for her to provide expert evidence in support of her claims before the
Court as she had not received a definitive diagnosis of her medical condition. She further
argues that the medico-legal reports prepared for the hearing before the Court were not
based on medical facts. In relation to her request for judicial review before the Cardiff High
Court, the author also claims that the High Court failed to ensure that her right to exercise
legal capacity was safeguarded. She claims that the High Court failed to recognize that she
was a disabled person who had acquired secondary disabilities that developed into multiple
rare disorders and that the treatment she had received in Germany in 2012 was the only
effective treatment available. The author further claims that the General Medical Council is
not an independent and impartial authority and that it does not fulfil its statutory duty of
ensuring that proper standards of medical practice, knowledge and skills are maintained.
3.4
The author submits that her rights under article 15 of the Convention have been
violated, as she claims that she has been “continuously punished” for an act of medical
negligence. She states that the intensity and duration of the physical pain that she has
suffered following a massive loss of cerebrospinal fluid and the development of a
pseudomeningocele has subjected her to ill-treatment and torture in the health-care setting.
She alleges that such acts have been defended by the State party authorities and amount to
cruel, degrading and inhuman treatment, which has caused an unnecessary deterioration of
her health and intensified her physical pain and suffering.
3.5
The author also claims that her rights under article 17 of the Convention have been
infringed as the State party authorities were informed about the severity of her post-surgical
suffering and did not take all reasonable steps necessary to protect her physical and mental
integrity.
3.6
The author also claims a violation of her rights under article 19 of the Convention,
alleging that she has been deprived of the right to live independently and in society as her
disability has had a serious impact on her quality of life.
3.7 The author further claims a violation of her rights under article 23 of the Convention,
noting that her mother has had to give up her profession as a qualified teacher in order to
care for the author full-time. She notes that her family’s finances have been exhausted on
financing private consultations for her in the State party and abroad and that they now have
no further funds to support the medical treatment that she still urgently needs.
3.8
The author claims a violation of her rights under article 24 of the Convention, as she
had to give up her post-graduate studies at the University of Oxford due to the illness she
has suffered as a consequence of the surgery in 2007 and as she has been unable to resume
her studies owing to her disability.
3.9
The author also claims that her right to health care under article 25 of the
Convention has been violated, as she has not been able to access the specialist health
services needed for early identification and intervention of her post-surgical illness. She
notes that this has led to the onset of serious medical conditions and rare neurological
disorders. She claims that her health has deteriorated since 2007 and that no ongoing
management plan and specialist referral has been offered by the State party. She claims that
the neuroscientific community in the State party has failed to keep up to date with
breakthroughs in global research and has also failed to integrate international services in
treatment in order to ensure a health-care service of a high standard and quality.
3.10 The author finally claims a violation of her rights under article 26, as she has not
obtained a definitive diagnosis in the State party and therefore is unable to access
rehabilitation, and under articles 27 and 30, as her deteriorating health has prevented her
from obtaining employment and from enjoying cultural life.
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