Slovenian Disability Rights Association
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Slovenian Disability Rights Association (Slovenian: Društvo za pravice invalidov Slovenije, or Drupis) is a
disability rights The disability rights movement is a global social movement that seeks to secure equal opportunities and equal rights for all people with disabilities. It is made up of organizations of disability activists, also known as disability advocat ...
organization in
Slovenia Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, an ...
. Its goals are to enhance the implementation of the Convention on the Rights of Persons with Disabilities and to assist persons with disabilities through
awareness raising Consciousness raising (also called awareness raising) is a form of activism popularized by United States feminists in the late 1960s. It often takes the form of a group of people attempting to focus the attention of a wider group on some cause o ...
and impact litigation. Drupis was founded in 2012. Sebastjan Kamenik serves as the president of the Association.


Policy Advocacy

The association participated in disability rights procedures at the Supreme Court and
Constitutional Court of Slovenia The Constitutional Court of Slovenia (in Slovene: ''Ustavno sodišče Republike Slovenije, US RS'') is a special court established by the Slovenian Constitution. Since its inception, the Court has been located in the city of Ljubljana. Jurisdic ...
. In 2014, the Constitutional Court ruled that all
polling place A polling place is where voters cast their ballots in elections. The phrase polling station is also used in American English and British English, although polling place is the building
s in elections should be
accessible Accessibility is the design of products, devices, services, vehicles, or environments so as to be usable by people with disabilities. The concept of accessible design and practice of accessible development ensures both "direct access" (i. ...
for disabled people. Together with a group of disabled persons, In 2016, Drupis initiated another procedure claiming that the new legislation was still not in line with the convention. In 2020, the Constitutional Court rejected most of the applicants' claims and ruled that abandonment of assistive technology and voting machines was in line with the constitution. In months preceding the European Parliament elections of 2019, the Association argued in favor of voting rights of persons with
intellectual disabilities Intellectual disability (ID), also known as general learning disability in the United Kingdom and formerly mental retardation, Rosa's Law, Pub. L. 111-256124 Stat. 2643(2010). is a generalized neurodevelopmental disorder characterized by signif ...
. The Constitutional Court rejected the appeal lodged by the Association and a voter. Slovenian Disability Rights Association has filed an Amicus Curiae brief in Toplak and Mrak v. Slovenia case at the European Court of Human Rights (ECHR). The cases aimed at a ruling which would require all polling places in Europe be accessible.


Toplak and Mrak v. Slovenia

In the Toplak and Mrak v. Slovenia judgment, issued October 2021, the Court ruled that Slovenia had violated two wheelchair users' right to an effective legal remedy in a 2015 referendum on gay marriage. Slovenia's Supreme Court had ruled that voters had not had a right to request accessible polling places ahead of the vote, but only after the election would be over. Slovenia's Supreme Court stated that no court in Slovenia had jurisdiction over such cases. The ECHR found a violation of Article 13 of the
European Convention of Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by th ...
. The Court, however, allowed states to not use equipment which voters with disabilities use for casting secret ballots. "We feel that we are second class citizens othe ECHR," Kamenik commented for
Euractiv Euractiv (styled EURACTIV) is a pan-European news website specialised in EU policies, founded in 1999 by the French media publisher Christophe Leclercq. Its headquarters and central editorial staff are located in Brussels,with further offices in ...
. "Everyone means everyone, and the state should assure the possibility to cast a secret ballot to everyone." Drupis is active in a Council of Europe procedure of execution of the judgment Produkcija Plus v. Slovenia, in which the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
found that lack of public hearings in some Slovenian courts violates rights of the petitioners. Drupis sent its proposals co-signed by six university professors of the
University of Primorska University of Primorska ( Slovenian ''Univerza na Primorskem'', Italian ''Università del Litorale'') is by age and size the third university in Slovenia. It is located in Koper, Izola, and Portorož and is named for the Slovenian Littoral reg ...
,
University of Maribor The University of Maribor ( sl, Univerza v Mariboru) is Slovenia's second-largest university, established in 1975 in Maribor, Slovenia. It currently has 17 faculties. History The university's roots reach back to 1859, when a theological semin ...
, Alma Mater Europaea, and Nova University. The Slovenian authorities responded to the proposal with an action plan. The matter has not yet been decided by the Council of Europe's Committee of Ministers and the case is pending. In November 2019, the Association initiated a
class action A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class actio ...
procedure against Slovenia. It claimed that elections, polling stations, and voting procedures had not been accessible. It requested a compensation of 3000 Euros for each discriminated person. Drupis also submitted a third party intervention in the European Court of Human Rights cases Toplak against Slovenia and Mrak against Slovenia. In January 2020, the Court communicated the cases with the government of Slovenia. The case is ongoing. Drupis supports Kamenik's case filed with the European Court of Human Rights in which he claims that his secret ballot has been violated when Slovenia has not provided proper equipment and instruction during elections.


References


External links

* {{Official, www.drupis.si Disability rights organizations Disability in Slovenia Non-profit organizations based in Slovenia 2012 establishments in Slovenia