Justice confirms the exclusion of a candidate with autism from an opposition for persons with intellectual disabilities in Vitoria-Gasteiz
The TSJPV ruling concludes that it did not officially prove an intellectual disability equal to or greater than 33%, which was required by the basis of the call.
Stock image of the TSJPV.
The High Court of Justice of the Basque Country has agreed withthe City Council of Vitoria-Gasteiz and has confirmed the exclusion of a young man from an opposition to selective tests for persons with intellectual disabilities.
Last year, the City of Vitoria-Gasteiz issued a public employment call for 14 service assistants for persons with intellectual disabilities with a minimum of 33%. The excluded candidate hasa diagnosis of Asperger syndrome with a recognized degree of disability of 49%.
At first, the Administrative Court No. 1 of Vitoria-Gasteiz proved the young man right, considering that all persons with any disabilityaffected by the exercise of their mental duties could be eligible, but the City Council appealed the sentence.
Now the High Court of Justice of the Basque Country has once again proved the City Council right, concluding that the regulation distinguishes different types of disabilityand that, in this case, only persons with officially recognized intellectual disabilities could participate in the proceedings.
The judgement further emphasizes that in such proceedings it is not sufficient to submit medical or personal reports, but that it is essential to have a certificatefrom the competent body. In this case, the court confirms its decision to exclude the young person from the opposition in the absence of this requirement.
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