Court strikes down parts of disability assistance law

The Constitutional Court on Thursday struck down several provisions of a law regulating personal assistance for people with disabilities, delivering a significant setback for the government.

The ruling followed a challenge by a group advocating for families with children with disabilities, which argued that parts of the law were discriminatory and overly restrictive.

The court agreed, annulling three key provisions. One denied children with disabilities the right to a personal assistant if one of their parents had been granted caretaker status. Another excluded children who are unable to attend school from receiving assistance. The third imposed a cap on the number of hours of personal assistance, which the court said must instead be determined based on an individual’s actual needs.

All three provisions were struck down.

“The Constitutional Court confirmed what we have been saying all along — that parts of the law are discriminatory,” said Suzana Rešetar, president of the Sjena Association, which brought the case. While welcoming the decision, the group said it was bitter that such an extensive legal fight had been necessary.

Minister of Labor, Pension System, Family and Social Policy Marin Piletić said the government would respect the ruling.

“I do feel the need to apologize,” Piletić said. “We passed the Personal Assistance Law and the Inclusion Bonus with the intention of including everyone. We will do everything we can to correct the shortcomings. If this requires an apology or my resignation, I have no issue with that.”

The ministry must now amend its rules and procedures to bring them into line with the court’s decision.