Bucharest, December 10th, 2015. International Human Rights Day brings a victory for the rights of children with disabilities – a civil fine for the kindergarten that discriminated and harassed Răducu.
The National Council for Combating Discrimination (CNCD) has released its final statement in Radu’s case, who was subject to humiliating and degrading treatment in the kindergarten he was attending, represented in the case by the European Center for the Rights of Children with Disabilities (CEDCD).
Radu is 5 years old and was diagnosed with attention deficit hyperactivity disorder. For many years, his parents have made major efforts for his recovery in a private therapy center. In 2014, Radu was declared suited for mass education by experts and doctors. He is having a spectacular evolution, being verbal and independent in his basic needs.
In September 2014, his mother has enrolled him in Kindergarten no.224, informing the kindergarten personnel about Radu’s situation. Furthermore, she discussed with Radu’s teacher about her child, explaining the major progress the child has made and offering her support for little aspects regarding his attention deficit or his hyperactivity. From the beginning, the teacher’s attitude was hostile, telling the mother that the child “should not be in kindergarten, because of his problems … he can’t sit still … isn’t focused … and if you don’t leave, I will.”
From October 2014 to the beginning of 2015, things have gotten worse, the child was subject to humiliating treatment, did not receive support and necessary adjustments, while the parents were under constant pressure to withdraw their child from kindergarten. In this regard, the Romanian Agency for Quality Assurance in Pre–university Education (ARACIP), informed by CEDCD, established the absence of adaptation measures and the failure to comply with mandatory standards regarding the education of a preschooler with special educational needs.
Although the teacher had resigned from kindergarten, shortly after our organization informed the responsible authorities, the National Council for Combating Discrimination found that little Radu was both discriminated and harassed, in the sense that “a series of the child’s rights have been violated, among which may firstly be mentioned THE RIGHT TO DIGNITY AND THE RIGHT TO QUALITY EDUCATION … by creating an INTIMIDATING, HOSTILE AND DEGRADING ENVIRONMENT for the child”.
“The decision of CNCD in the case of little Radu is very important for the case-law on the matter, not only because it imposes a fine and establishes the discrimination and harassment, but because it introduces the obligation for quality education, as is stated in the UN Convention on the Rights of Persons with Disabilities. An important victory for all children with disabilities and for Răducu and his family.
We hereby salute the decision of CNCD, but we express our concern regarding the individual opinion of three members of the Management Board, who support and promote a medical perspective which stigmatizes and is in in clear breach with the provisions of the UN Convention on Rights of Persons with Disabilities, pleading so called danger represented by a child of only 5 years of age, whose alleged acts would probably not be considered a problem, if it wasn’t for his disability (pushing, throwing toys, damaging sanitary objects)”, states Madalina Turza, president of CEDCD.
Contact person:
Madalina TURZA
Email: madalina.turza@cedcd.ro
Mob: 0737545955
Fax: 021/7952465
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