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The Central Clinic Case – Accessibility

2010 / 06 / 28 Tags:

“This visit to the clinic was not any different from the others. Together with my daughter we go there for ten years. Although the years go by, the conditions remain the same, but we change – my daughter is growing, while I am getting older. I am scared of the thought that very soon my daughter will become too heavy for me to carry her upstairs to the doctor” 

– H., applicant in the case


Proceedings initiated: 2010

Proceedings closed: 2010

Case in brief: the clinic was not accessible for persons with disabilities

Outcome of the case: Vilnius city municipality was requested to move the polyclinic to other, accessible premises


Facts of the case:

An 11 years old girl with severe physical disability preventing her from walking was diagnosed with symptomatic epilepsy and child cerebral palsy. Her mother and herself have been going to the Lukiškės branch of the “Central Clinic” every month (or even more often) for over 10 years, however the premises of the building of the clinic were inaccessible – there was no parking lot for persons with disabilities, no elevator inside the building and no personnel to help the mother to carry her daughter to the third floor, where the pediatrician’s office was located.

Legal proceedings:

Entrance to the Central Clinic (premises of Lukiškės branch)

In April 2010, the girl’s mother, acting on behalf of her disabled daughter, filed a complaint with the Equal Opportunities Ombudsman. In the complaint prepared by the Human Rights Monitoring Institute, the applicant alleged that the “Cental Clinic”, acting as a service provider, failed to meet its obligation under Article 8 of the Law on Equal Treatment, i.e. “to provide consumers with equal access to the same <…> services”. This resulted in indirect discrimination of the disabled girl, and discrimination by association of her mother.

On 28 June 2010, the Equal Opportunities Ombudsman decided to recommend Vilnius Municipality to provide the “Central Clinic” with facilities adapted to the needs of persons with disabilities.

 

Case-files:

Decision of the Equal Opportunities Ombudsman’s Office (in Lithuanian)