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Decision of the European Ombudsman on complaint 1033/98/VK against the European Parliament
Odluka
Slučaj 1033/98/VK - Otvoren Srijeda | 18 studenoga 1998 - Odluka donesena Četvrtak | 29 travnja 1999
Strasbourg, 29 April 1999
Dear Mr W.,
On 2 October 1998, you made a complaint to the European Ombudsman against the European Parliament. You alleged that the Parliament's information for visitors as published on the Internet was discriminatory against disabled persons.
On 18 November 1998, I forwarded the complaint to the President of the European Parliament. The Parliament sent its opinion on 1 February 1999 and I forwarded it to you with an invitation to make observations, if you so wished. I did not receive any observations from you.
I am writing now to let you know the results of the inquiries that have been made.
THE COMPLAINT
The complainant is a disabled person who has read the following text on the Internet concerning the Parliament's provisions for disabled visitors:
- "The European Parliament also welcomes disabled visitors. However, access is subject to certain conditions. For their own safety, disabled visitors must be assisted by an accompanying person."
The complainant put forward that this text was discriminating for the following reasons:
- It is not necessary to emphasise that disabled persons also have access to the European Parliament. This would differentiate disabled persons from other persons.
- Secondly, the complainant alleged that the access of disabled persons did not need to be subject of special provisions and that it was inappropriate to demand the presence of an accompanying person as the disabled person would know best, whether this was actually necessary.
The complainant stated that he wrote to the visitors' service of the Parliament and that he did not receive any reply.
Against this background, the complainant lodged the complaint with the European Ombudsman. He put forward that the Parliament should abolish the discriminating text.
THE INQUIRY
The Parliament's opinion
In its opinion, the Parliament in substance stated that the text in question originates from the provisions of the French legislation on the access of disabled persons to public buildings. Its aim was to improve the mobility of visitors in wheelchairs and of those with impaired vision within the building.
The Parliament stated further that it checked the text in question and that it decided that a revision of the text was necessary. A new version of the Internet text will be issued in connection with the other Community Institutions. Meanwhile, the paragraph in question was taken off the Website.
The complainant has been informed about this development by e-mail of 17 November 1998.
THE DECISION
1 The alleged discriminatory provision for disabled visitors to the Parliament
1.1 The complainant felt discriminated against by a text which the Parliament published on the Internet. This text stated that also disabled persons could visit the Parliament and that there were special rules for their access; they were to by accompanied by another person when visiting the Parliament.
1.2 The complainant put forward that this text was discriminatory as there was no need for special rules for disabled persons. In particular, the demand for an accompanying person would, in the eyes of the complainant, not reflect the real need of a disabled person, as his/her handicap could vary and as there might not be a need for such an accompanying person.
1.3 The Parliament stated that the text in question was examined. As a result of this, the Parliament deemed it necessary to revise the text. The Parliament stated that a new version would be produced in cooperation with the other Community Institutions and that the text in question was removed from the Website. It further stated that the complainant was informed about this development by e-mail of 17 November 1998.
1.4 It appears therefore that the Parliament has taken measures to remove the text in question and to produce a new more appropriate text.
2 Conclusion
The Ombudsman considers that the Parliament has taken steps to settle the matter. The Ombudsman has therefore decided to close the case.
The President of the European Parliament will also be informed of this decision.
Yours sincerely
Jacob SÖDERMAN
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