Administrative Court of Appeal of the Republic of Armenia (administrative case - VD5/0260/05/23, available by the following link) rejected the appeal against the decision of the Administrative Court on the requirement to oblige it to make a decision on the establishment of a third disability group and, among other things, it also put the Annual Report of the Human Rights Defender for 2023 as the basis of its reasoning.
In particular, the Administrative Court of Appeal attracted attention to the problems associated with the recognition process of a person with disabilities, the provision of targeted services and means of support arising from the needs of each person as a result of the assessment, represented by the Annual Report of the Human Rights Defender for 2023.
Accordingly, it was noted: ''During 2023 the Office of the Human Rights Defender also received complaints that a person in the same health condition was recognized as a person with disability in one case, and in the next year, even being in a worse state of health, was not recognized, or a lower disability group was defined for the latter.
During 2023, many complaints were addressed to the Defender regarding the issue. Complainants reported that the circumstances of making such decisions were not certain for them. In connection with the above, the Human Rights Defender attaches great importance to following this principle in the process of administration which will exclude an unequal approach to the same factual circumstances, if there is no basis for their differentiation.
The Defender also emphasizes that the decision made must contain all the essential factual and legal circumstances that the competent authority was given grounds to make an appropriate decision''.
So, such an approach reinforces the need to solve the problems mentioned in the Defender's reports and is aimed at strengthening guarantees for the protection of citizens' rights.
Հայերեն
