The education ministry “continuously and illegally” failed to take the necessary measures to implement legislation for people with disabilities in the education service, the Supreme Constitutional Court said on Friday.
The court said in a ruling that the omissions were made between 2010 and 2015 by the administrators of the pre-employment training programme.
Three teachers with disabilities, on special lists for employment since 2010, could not be appointed to permanent posts without first successfully passing the pre-employment training programme.
Although this was a prerequisite, the training programme did not run from 2013 till 2015.
The court said the administration was bound by law to ensure that 10 per cent of appointments were people with disabilities and take measures so that the training programme was fully accessible to them.
This obligation set out in the law, the court added, overrides any other administrative practice or evaluation of needs and thus any arguments presented by the state are deemed irrelevant.
Particular emphasis was given to the fact that denying disabled people early employment robbed them of seniority, advancement and promotion.
The court said it was now up to the teachers to determine the height of damages and file a case with the district court.
The state’s appeal was thrown out and it was ordered to pay €4,000 to cover legal expenses.
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