In Kostanay, a court has protected the rights of a second-group disabled person without a re-examination deadline, who is equated to veterans of the Great Patriotic War, reports the website infohub.kz.
The Specialized Interdistrict Administrative Court of Kostanay Region upheld the man's lawsuit against the Department of the Committee for Regulation and Control in the Sphere of Social Protection of the Population. The plaintiff demanded to recognize as illegal the refusal to adjust his individual habilitation and rehabilitation program and to oblige the department to include personal hygiene items in it.
It was established that the man has a second-group disability without a re-examination deadline, equated to the disability of Great Patriotic War veterans. The cause of disability is related to ionizing radiation exposure during military service.
Medical documents indicate that the plaintiff's health condition is complex and long-term. However, the defendant refused to provide the necessary personal hygiene items.
The court noted that Article 26 of the Convention on the Rights of Persons with Disabilities, ratified by the Law of the Republic of Kazakhstan dated February 20, 2015, requires taking effective measures to ensure maximum independence and full inclusion of persons with disabilities in all aspects of life, including through comprehensive habilitation and rehabilitation services.
The court concluded that national legislation on rehabilitation must align with the goals of the Convention. Refusing items intended for compensation and maintaining hygiene, despite repeated medical recommendations, solely due to formal restrictions of the information system or mechanical application of the disability group criterion, does not ensure the goal of maximum independence and dignity of the disabled person.
The court decision has not yet entered into legal force.