Icelandic Disability Alliance's statement regarding European Court of Human Rights' case "Arnar Helgi Lárusson v. Iceland"



Icelandic Disability Alliance's statement regarding European Court of Human Rights' case "Arnar Helgi Lárusson v. Iceland"

We reproduce below the Icelandic Disability Alliance‘s statement on the case “Arnar Helgi Lárusson v. Iceland“:

The Grand Chamber of the European Court of Human Rights must make clear that accessibility is a human right

The European Court of Human Rights delivered a judgment in the case of Arnar Helgi Lárusson v. Iceland on 31 May 2022. The case concerns the lack of wheelchair access to two buildings housing public arts and cultural centres. The Court held that the lack of wheelchair access was liable to affect the applicant’s right to personal development and right to establish and develop relationships with other human beings and the outside world, and that the matter fell within the ambit of “private life” within the meaning of Article 8 of the European Convention on Human Rights (ECHR). It followed that Article 14 of the ECHR, which prohibits discrimination in the enjoyment of the rights and freedoms protected by the ECHR, was applicable.

Despite holding that the applicant had clearly identified two particular buildings which appeared to play an important role in the local life in his municipality, and despite finding that the lack of access to them had hindered the applicant’s participation in a substantial part of the cultural activities in his community, the Court nevertheless concluded that there had been no discrimination against the applicant in the enjoyment of his right to private life under Article 8 contrary to Article 14. Instead, the Court held that a requirement to accommodate the applicant would  have imposed on the State a “disproportionate or undue burden”.

The Court‘s reasoning is at odds with the guidance provided by the Committee on the Rights of Persons with Disabilities on the interpretation of the Convention on the Rights of Persons with Disabilities (CRPD) in General Comments No. 2 and 6, and difficult to reconcile with the wording of Article 14 of the ECHR, which clearly states that „[t]he enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.“ The Court‘s judgment implies that the physical exclusion of a disabled person from any meaningful participation in „a substantial part of the cultural activities“ in their community does not amount to discrimination within the meaning of Article 14 of the ECHR.

A request for referral of the above case to the Grand Chamber of the European Court of Human Rights is currently pending. If the request is granted, the case will be re-examined by the Grand Chamber, which will deliver a new judgment in the case. The Court is expected to reach a decision on whether or not to allow the request for referral to the Grand Chamber in the coming days.

The Icelandic Disability Alliance is gravely concerned by the reasoning and conclusion reached by the European Court of Human Rights in the present case and considers a fresh examination of the case by the Court‘s Grand Chamber to be of the utmost importance. For millions of Europeans, the European Court of Human Rights has been a stalwart defender of human rights. Sadly, that has not always been the case for persons with disabilities. The Court‘s failure in this case, and in previous cases, to recognize the equal rights of persons with disabilities unfortunately recalls the very acts of marginalization and discrimination against which the ECHR is intended to offer protection.

The European Court of Human Rights does not accept interventions from third parties at the referral stage. Direct contact with the Court is therefore not encouraged at this time. However, the Icelandic Disability Alliance urges all stakeholders and allies to join the Alliance in expressing concern regarding the views adopted by the European Court of Human Rights in this case and to raise awareness regarding the Court‘s apparent failure to fully recognize the rights of persons with disabilities inherent in the ECHR‘s prohibition against discrimination.

Nothing about us without us.

 

Contact:

The Icelandic Disability Alliance (obi@obi.is)

Thuridur Harpa Sigurdardottir (thuridur@obi.is), Chairperson of the Icelandic Disability Alliance

Bergthor Heimir Thordarson (bergthor@obi.is), Vice-Chairperson of the Icelandic Disability Alliance