Guberina and Gherghina: the two sides of the Court’s disability jurisprudence

This guest post was written by Constantin Cojocariu, human rights lawyer specialised in disability and transgender rights, who acted as the applicants’ representative in both cases reviewed in this article.

The Court’s disability jurisprudence generally concerns the management of compulsion in institutional settings, including with respect to detention/institutionalisation, forced medical treatment or restraint or incapacitation. On the other hand, the gamut of issues facing people with disabilities living in the community is comparatively underrepresented. In that sense, several judgments delivered in 2016 (one of which – Çam v Turkey, has been recently reviewed on this blog) provide an interesting addition to the Court’s disability canon. This post reviews two of those judgments, with contrasting outcomes – Guberina v Croatia, concerning the discriminatory application of taxation rules to a disabled child and his family in Croatia, and Radi and Gherghina v. Romania, concerning the conditions of employment of personal assistants in Romania.

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