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Anjum Shabbir
7th February 2020
Human Rights Internal Market

CJEU ruling pending on prohibiting a blind person from working as a court assessor: compatible with EU law and the UNCRPD?

The Court of Justice of the EU is due to rule on questions arising from an appeal brought by TC and UB against a Bulgarian state body for protection against discrimination TC, UB v Komisia za zashtita ot diskriminatsia, VA (C-824/19).

The preliminary ruling request was made by the Bulgarian Supreme Court, which asks whether Article 5(2) of the UN Convention on Rights of Persons with Disabilities on equality and non-discrimination, and certain articles of the Equal Treatment (at work) Directive 2000/78 mean that a person who is unable to see is permitted to work as a court assessor and participate in criminal proceedings.

It also asks whether being permanently blind is a genuine and determining requirement for the activities carried out by a court assessor, which would mean a difference in treatment is justified, and therefore not discrimination based on disability.

See the provisions of the Directive in question, and the original wording of the questions published in the Official Journal here..


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