Prishtinë, 28 December 2023 – The Ombudsperson concluded that the obligation to undergo a medical reassessment of disability for paraplegic and tetraplegic persons violates human dignity, and is contrary to the principles of the rule of law, as well as the legitimate expectations of the beneficiaries of the Law on Status and Rights of Paraplegic and Tetraplegic Persons.

These findings came from the report with Ex officio recommendations no. 521/2022 regarding the legal basis of the reassessment by the Commission for the Evaluation and Determination of Procedures for the Recognition of the Status and Rights of Paraplegic and Tetraplegic Persons.

Ombudsperson’s Recommendation Report aims to draw attention of the Ministry of Finance, Labor and Transfers with regard to the issues related to the legal basis of the re-assessment of disability by Commission for Assessment and Determination of Procedures for Recognition of the Status and Rights of Paraplegic and Tetraplegic Persons according to Law No. 05/L-067 on the Status and the Rights of Persons with Paraplegia and Tetraplegia.

The Report aims also to set the emphasis on the legal basis for re-assessment by the Commission for Assessment in Regulation (GRK) No. 07/2017 on the composition, functions, responsibilities of the Assessment Commission and the determination of the procedures for recognition of the status and the rights of paraplegic and tetraplegic persons.

The Ombudsperson ascertains that the Law on the Status and the Rights of Persons with Paraplegia and Tetraplegia does not determine the reassessment of the status of paraplegic and tetraplegic persons and that the reassessment, groups of beneficiaries and reassessment deadlines are defined by Article 9 of Regulation (GRK) No. 07/2017.

Based on this situation, the Ombudsperson recommends the Ministry of Finance, Labor and Transfers to amend and supplement the Regulation (GRK) No. 07/2017 on the Composition, Functioning, Responsibilities of Assessment Commission and Determination of Procedures for Recognition of the Status and Rights of Paraplegic and Tetraplegic Persons, so that  provisions which determine reassessment of first group paraplegic and tetraplegic persons every five years to be removed from this Regulation as well as reassessment of a second group beneficiaries to be done just in specific cases, when the nature of the disease is declining rapidly, and as a result there is a deterioration of the health condition.

Additionally, the Ombudsperson has provided recommendation to the Ministry to initiate procedures for amendment and supplementing of the Law No. 05/L-067 on the Status and Rights of Paraplegic and Tetraplegic Persons so that the rights and liabilities related to paraplegic and tetraplegic persons are specified by a law adopted by the Assembly and not by Regulations issued by the Government.

Read full report here -> https://bit.ly/3H2cm5L