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Ombudsperson Qelaj discussed human rights with persons with disabilities

02/11/2022

Pristina, November 2, 2022 – The Ombudsperson, Mr. Naim Qelaj visited the non-governmental organization “Handikos” where he met the leaders of the organization and their member, Mr. Faruk Kukaj, whose lawsuit was recently partially approved by the Basic Court in Pristina for discrimination based on disability.

This lawsuit is the first lawsuit in the country that has been filed based on allegations of discrimination against persons with disabilities, regarding access and free movement in public infrastructure. In this way, the defendant, the municipality of Pristina, is forced, due to discrimination and inaction in the absence of providing basic conditions in public spaces and access to public facilities for persons with disabilities, to compensate the damage caused – materially, in the name of violation of dignity.

The Ombudsperson said that this case should be an additional motivation for other persons with disabilities to seek justice and create the conditions for receiving their services in a dignified manner. He added that in this case many obligations fall on the responsible authorities to react and avoid these consequences.

Mr. Kukaj said that he has felt discriminated since his childhood due to lack of access to public facilities and took the courage to sue the municipality of Pristina to change the situation. He added that all citizens should fight for their rights.

The director of Handikos, Mr. Afrim Maliqi spoke about the violation of the rights of persons with disabilities, particularly regarding access to public infrastructure and free movement in general. He added that there are four other citizens with disabilities who have sued the municipality of Pristina, since 2018, specifically for access to public spaces and free movement.

The legal adviser of the case at the Ombudsperson’s Institution, Mr. Besart Elshani described the chronology of the case, emphasizing that the case has been carefully analyzed and on December 2, 2021, the Ombudsperson sent the legal opinion to the Basic Court in Pristina in the capacity of friend of the court (amicus curie).