Armenia’s appeals court on November 19 significantly weakened protections against disability-based discrimination and further restricted access to justice for people undergoing disability assessment.
The court overturned a progressive ruling by a lower court and held that discrimination “on the basis of disability” can only occur under the law if a person has already been formally recognized as having a disability. This means people applying for disability status or who haven’t applied for formal recognition, and who are arguably the most vulnerable, are not protected by the law.
The case was brought in 2023 by the Disability Rights Agenda, a disability rights organization, challenging Armenia’s new functionality assessment mechanism, to which people have to submit for formal recognition of having a disability. The mechanism, intended to replace the outdated disability assessment system, fails to consider that an individual’s disability may stem from or be exacerbated by barriers related to the physical environment, information and communication, lack of support, and discriminatory attitudes. It also lacks sufficient transparency. As a result, people seeking disability status cannot understand how decisions about their cases are made or meaningfully challenge them.
The organization relied on a 2021 legal amendment allowing organizations of people with disabilities to file cases on behalf of an unidentified group of beneficiaries.
The Court of First Instance accepted the case, recognizing the organization’s standing, and found that excluding environmental factors from disability assessments contradicted Armenia’s disability rights and functionality assessment laws. While the court did not rule on the transparency issue, its decision set an important precedent for protecting the rights of people seeking disability status.
The Court of Appeal’s reversal is at odds with Armenia’s international human rights obligations. According to the UN Committee on the Rights of Persons with Disabilities, discrimination “on the basis of disability” includes discrimination against people who have a disability, had one in the past, who have a disposition to a disability in the future, or who are presumed to have. States are obligated to protect against discrimination and ensure access to effective remedies.
Human Rights Watch has previously documented barriers people with disabilities face in accessing justice in Armenia, finding that it does not sufficiently guarantee judicial protection.
The government should urgently prioritize adoption of a robust anti-discrimination law with strong procedural safeguards and provide adequate training and resources to the judiciary. It should also revise the disability assessment system to ensure transparency and incorporate environmental factors.
