The Foundation For The Defense Of Citizens Against State Abuses (FACIAS) has won a new lawsuit in a case in which the Foundation demanded the rights of people with disabilities to benefit from modern social services regulated by current and applicable rules.
The High Court of Cassation and Justice ruled in favor of FACIAS and obliged the Romanian Government to amend the methodological norms for the application of Law no. 448/2006, as well as Government Decision no. 1.002/2019 on the organization of the National Authority for the Rights of Persons with Disabilities, Children and Adoptions.
The High Court's decision has a direct impact on the quality of life of thousands of vulnerable citizens who are entitled to effective support and a dignified life in the community.
FACIAS showed before the supreme court that the lack of implementing rules established by GEO no. 114/2021 made it impossible to implement all the provisions of Law no. 448/2006. In its decision, the court confirmed that the lack of updated methodological rules left the rights provided by the law for people with disabilities only at a theoretical level, without the necessary tools for implementation. Government Decisions no. 268/2007 and no. 1.002/2019 remained unadapted to social developments and European standards, affecting the way services for persons with disabilities are financed and evaluated.
A key point of this High Court victory is the reform of the deinstitutionalization process. The court's decision will lead to the creation of the legal framework needed to close large dormitory-type residential centers and replace them with sheltered housing and family-type homes. For this transition to be possible, legislation needs to be coherent and up-to-date so that the restructuring of large centers can take place in parallel with the development of modern alternatives in the community. The state is now obliged to regulate how these people will be moved, assisted and truly integrated into society.
It is also essential that the authorities carry out rigorous, effective and timely checks to prevent any form of abuse of social service recipients and to ensure that the responsible institutions are genuinely fulfilling their protection mission in accordance with the rules in force.
FACIAS calls on the Government to implement the High Court's decision without delay and to publish a calendar for the amendment of the relevant legislation. Rapid implementation of these measures is essential to ensure that people with disabilities benefit from services that enable them to live a life with dignity, real support and opportunities for inclusion in the community.