Public Defender Submits Amicus Curiae Brief on Alleged Discrimination of Child with Disabilities to City Court
On May 19, 2017, the Public Defender submitted amicus curiae brief to Tbilisi City Court with regard to alleged discrimination of a child with disabilities. The applicant's interests are being defended in the court by the Partnership for Human Rights organization.
According to the factual circumstances of the case, the child is suffering from severe mental retardation with behavioral disorder that requires treatment. The child was enrolled in one of the day care centers. In 2014, the child's condition significantly deteriorated, as a result of which, the center stopped to deliver services to the child, since according to the Government’s decree N138 of March 30, 2015, the day center subprogram does not provide safety of children with similar problems and does not satisfy their individual needs. The mentioned is not envisaged either in the Government decree N102 (February 26, 2016) on Approval of Social Rehabilitation and Child Care State Program 2016. Finally, the child was enrolled in the home care program. The applicant indicates that the home care program cannot help the child to develop, as the child’s contact with the social environmental is restricted.
In the amicus curiae brief, on the basis of the standards established by the Constitutional Court and international institutions, the Public Defender presented a test of detection of indirect discrimination and drew attention to the burden of proof of the parties in the cases of discrimination, as well as the principle of reasonable accommodation.