This is reinforced by the special rapporteur: "Accordingly, international human rights law proscribes any discrimination in access to health care, and the underlying determinants of health, on the internationally prohibited grounds, including health status, which has the intention or effect of impairing the equal enjoyment of the right to health" (26).
US District Judge Marilyn Hall Patel in the Court for the Northern District of California had previously found that "the inaccessibility of Target.com impeded full and equal enjoyment of goods and services offered in Target stores" and has now ruled that the case is eligible for class action status, despite attempts by Target to have the case thrown out.
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. 42 U.S.C. § 12182(a).
Under Article III of the ADA, "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation". 42 U.S.C. § 12182.
The act of March 1, 1875, has reference to the full and equal enjoyment of the accommodations, advantages, facilities of inns, public conveyances, theaters, and other places of public amusements.
It provides that 'all peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind' (ACHPR Art 22(1)).
It is therefore promising that the CRPD requires governments to provide affordable assistive technologies along with necessary services in order to ensure the full and equal enjoyment of all human rights of people with disabilities [ 17].
The ADA prohibits discrimination in the full and equal enjoyment of public accommodations on the basis of disability.
Paragraph 18 identifies and precludes discrimination based on a variety of factors, including "civil, political, social or other status," which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right to health.
So much for America's support of a global agreement "to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities".
