The European Court of Human Rights published today, rather unexpectedly, the judgment in the Grand Chamber case Gherghina v Romania, in which I represented the applicant, concerning the lack of accessibility and failure to provide reasonable accommodation to a wheelchair-using student.
Unfortunately, the Court rejected our arguments to the effect that Romania lacks effective remedies allowing people with disabilities the chance to challenge non-compliance with accessibility duties. Accordingly, the Court declared the case inadmissible for failure to exhaust domestic remedies.
While this is disheartening, I can only hope that on another day, the Court will find the resources to look beyond the surface and connect to the realities of being disabled in Romania, requiring a less formalistic approach, more attuned to the universal values that the Convention is supposed to protect. More detailed comments to follow.
The decision is available here.
