On Thursday 12 September, the second hearing will take place in the case in which The Foundation For The Defense Citizens Of The Citizens Against State Abuses (FACIAS) has sued the Romanian government, demanding the urgent implementation of crucial legislative changes for the rights of people with disabilities.
In a recent development, FACIAS has petitioned the court to compel the government to amend two pivotal pieces of legislation in a manner that is consistent with the tenets of the law.
- Government Decision No 23/2022 on the organization and functioning of the Ministry of Labour and Social Solidarity.
- Government Decision 234/2022 on the organization and functioning of the National Authority for the Protection of the Rights of Persons with Disabilities.
The legislative amendment (Law No. 96/2023) to the existing legislation (Law No. 448/2006) on the protection and promotion of the rights of persons with disabilities requires the government to implement the requisite amendments within 30 days of the new regulations coming into force. This deadline, which was set on 19 May 2023, has now elapsed.
Despite the imperative nature of this legal obligation, the government is once again failing to adopt the necessary measures. FACIAS emphasises the importance of these changes, which address critical issues for people with disabilities, including:
- To ensure that educational establishments and institutions are accessible for all by providing specific adaptations for each type of disability.
- Educational establishments and institutions provide at least one accessible toilet for disabled persons, persons with locomotor disabilities and persons with reduced mobility.
- In addition, the provision of ramps and/or, where appropriate, electronic or automated access systems, elevators or lifts is recommended.
However, the Government has repeatedly invoked procedural objections, including a lack of interest, a lack of capacity, and an inadmissibility of the action. These objections have been rejected by the court. Rather than pressing for the implementation of the legislative amendments, the Government has argued that there has been no refusal to grant FACIAS's application. This argument relies on the special procedures for drafting Government Decisions. Additionally, the Government has argued that the court cannot compel the Government to adopt the necessary measures. This is despite the fact that the law requires the Government to do so.
FACIAS considers this unacceptable, as the law obliges the government to act promptly and adopt the necessary measures to protect people with disabilities, a vulnerable segment of society that cannot be ignored. In a context where the legislation is clear and the legal deadline has been exceeded, FACIAS strongly urges the court to intervene and compel the government to comply with its legal obligations.