Incapacity Rights Commissioner Welcomes Courtroom Ruling Affirming Incapacity Rights

Disability Rights Commissioner Paula Tesoriero welcomes the Labor Court’s decision in her judgment on Fleming v. Attorney General, published today.

In her decision, Judge Inglis clarified the Ministry of Health as the employer of Ms. Christine Fleming, a mother who supports her disabled adult son Justin.

The Ministry of Health’s policy of financing family care stipulated that the disabled person must in all cases be the employer.

According to Paula Tesoriero, the judgment of the Court of Justice has supported the Commission’s claim that the one-size-fits-all approach to politics is not always compatible with a human rights-based approach.

“We are pleased that the Court has recognized the importance of ensuring that policies are accessible and enable the effective participation of the disabled people they affect, and that it has recognized the United Nations Convention on the Rights of Persons with Disabilities in the judgment applied, “she said.

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“I also note that while the Court found that there are many disabled people willing to take on the role of employer, Justin did not because of the nature of his handicap.

“This ruling confirms that it is the government’s duty to ensure that rights to measures affecting disabled people are applied in accordance with their human rights obligations.

“We acknowledge some of the reforms recently launched by the Ministry of Health in the region and look forward to working with the Ministry, disabled people and their families to ensure that a human rights-based approach is paramount.”

The Human Rights Commission intervened in the case. Under the Human Rights Act, the Commission can request the courts to participate in cases that raise important legal issues.

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