Prishtina, 4^th april – The Ombudsperson published a Report with Recommendations on complaints lodged by the complainants G.R., N.S. and H. K., concerning conditioning with membership in the Kosovo Blind Association, in order to gain the booklet of blindness with the aim to benefit from right and benefits  guaranteed by the Law No. 04/L-092 on Blind Persons.

In the course of reviewing the given case, the Ombudsperson finds that complainants’ conditioning with membership in the KBA, against their will, places blind persons without membership in an unequal position, in relation to blind persons, members of the Association, as well as deprives them from the right to enjoy the benefits deriving from the Law on Blind Persons. Consequently, such practice breaches constitutional provisions as well as represents violation of the Law No. 05/L-021 on Protection from Discrimination. Furthermore, this conditioning is in contradiction with the Law No. 04/L-092 on Blind Persons itself, which in Article 4, paragraph 1, guarantees: “Blind persons are protected from all kinds of exploitation, discrimination, abuse, insult, ridicule and enjoy the rights and freedoms equally with others based on international standards for human rights.”

This case also comprises infringement of Article 44, paragraph 1, of the Constitution, which stipulates: “The freedom of association is guaranteed. The freedom of association includes the right of everyone to establish an organization without obtaining any permission, to be or not to be a member of any organization and to participate in the activities of an organization”; and also is in contradiction with the Law No. 04/L-57 on Freedom of Association in Non-Governmental Organizations, respectively with Article 3, paragraph 1, which stipulates: “Every person in Kosovo shall enjoy the full rights to freedom of association and establishment of NGO.”; and paragraph 2: “No person shall be required to associate involuntarily and no person shall be discriminated against in any way because of any decision to associate or not to associate.”

The aim of the recommendation report is drawing attention of the Ministry of Labour and Social Welfare (MLSW) for the need of undertaking actions for amendment of the Law No.04/L-092 for Blind Persons, actually Chapter III, which determines Groups, Benefits from the Status of the Blind, Evidence and Medical-Social Commission, according to which, the responsibility for issuance of a special booklet of blindness, as a document, proof for benefit from this Law.

Until such amendments done, the KBA is recommended to equip with booklet of blindness all persons who have the Decision of Medico-Social Commission, without conditioning them with membership.

Public Inofmration Office – OIK