A new precedent a new victory for rights of children with disabilities

Bucharest, 27 march 2014 - The decision of Craiova's Court of Appeal - a new favorable ruling for the rights of children with disabilities. Craiova's Court of Appeals ruled irrevocably in the favor of Maria and her family's in the appeal action that contested the classification of her disability degree.

Maria is almost two years and she has Down syndrome. One year ago, the girl's parents have gone through the difficult process of obtaining the disability certificate. Even though the parents submitted to the Evaluation Committee the documentation that confirmed the type of disability and the urgent need for permanent supervision of the child, the Child Protection Services Dolj (DGASPC Dolj) decided that Maria was not eligible for the first degree, despite the fact that she is totally dependent on her parents, that she undergoes kinetic therapy and needs constant special care.

Actually, the first degree certificate attests the need for a permanent care-taker for disabled children who are not independent (self-dependent) and that they need adult assistance in their in daily activities.

The little girl’s family, with the help of The European Centre for the Rights of Children with Disabilities (ECRCD) contested the unfair classification given by DGASPC Dolj, and after a long legal battle,  Craiova's Court of Appeal ruled against the DGASPC Dolj decision and issued an irrevocable resolution in favor of little girl.

The restrictive and tendentious evaluation of children with disabilities applying for a disability certificate is a constant practice for DGASPC, the hidden objective being to lower and limit the financial expenses and not the real needs of these children.

This is the second favorable irrevocable ruling in the matter of disability degree certificate that the parents of children with disabilities obtained with the help of ECRCD. Currently, many other cases are being tried in the country.

ECRCD alerts on two major issues: on one hand, that there is a very serious problem with the legislative frame regarding the methodology of issuing the disability certificates for children and, on the other hand, even under the limitations of the current legal context, the assignment of the disability degree should be in accordance with the level of autonomy of each child, and not the budgetary limitations.

“The state allowance for children with disabilities and the benefit for the care-takers should not be seen as favors or as a goodwill act granted by the authorities and evaluation committees. They should reflect the degree of dependence to a parent and the nature of the special needs for care and development. In the absence of a functional specialized services system, the care-taker benefits are the only option to access essential therapies for the normal development of disabled children. We encourage all parents of children with disabilities that need 24 hour assistance to refuse the violation of their rights and to appeal to judicial authorities. The DGASPC decisions can be contested in court in a term of 30 days from their issue date.” , said Madalina Turza, president of ECRCD.  

The European Centre for the Rights of Children with disabilities (ECRCD) welcomes the decision of  Craiova's Court of Appeal and expresses the hope that in the future, the rights of children with disabilities will be the subject of an equitable assessment, both in letter and in spirit of the law.

Contact : Madalina Turza

madalina.turza@cedcd.ro/old

Mob: +40737545955

www.cedcd.ro/old