With the assistance of the law firm, a case was won, awarding compensation for pecuniary damages suffered as a result of discrimination based on disability against a blind child by a municipal body.
Discrimination based on disability: case and court decision
An ordinance of the municipality and the municipal council introduced an additional requirement for the provision of a social service (assistant) to children with disabilities, requiring the child to need technical means to receive a higher number of points in the ranking in order to be included in such a service. As a result of this addition, children with impaired vision are practically excluded from the social service. In fact, for a certain period of time, the possibility of using such a service was not included at all for blind children, and about a year later a replacement program was created, which provided the possibility of fewer hours for a personal assistant, as well as lower pay.
The child’s father filed a lawsuit for discrimination based on disability, which ultimately ended with a decision of the Commission for Protection against Discrimination, confirmed by a final decision of the Supreme Administrative Court, which acknowledged that the introduction of an additional requirement for the need for a technical means to obtain a higher number of points actually constitutes discrimination.
Again at his request and with the assistance of the law firm, a case was filed for compensation for the pecuniary damages suffered as a result of the discrimination against his child based on disability.
The Administrative Court, considering the case, reasoned that while the child was completely excluded from the program, he was completely deprived of social service precisely because of the act of discrimination based on disability. For this reason, it awarded compensation precisely for this period, determining the amount to be the remuneration that should have been determined for the assistant.
With the pronouncement of the court decision, all expenses for legal assistance made by his legal representative were also awarded in favor of the child.
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Law Firm “Silvia Petkova” provides qualified legal assistance in cases of discrimination based on disability, religion, political beliefs, personal status, gender, race, ethnicity, ethnic origin, sexual orientation, gender identity.
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