The European Court of Justice has strengthened the right to self-determination of people with disabilities. If you are looking for a personal assistant, you can specify age requirements. The judges do not see this as a case of age discrimination.
According to a court ruling, people with disabilities are allowed to choose a personal assistant of the same age. Such a choice is not a case of age discrimination, decided the European Court of Justice (ECJ) in Luxembourg. Those affected “must be able to decide how, where and with whom they live,” the judges explained.
The verdict is based on the case of a student who needs support in all areas of her everyday life. An assistance service provider placed a job advertisement for the then 28-year-old in June 2018. We were looking for a female assistant between the ages of 18 and 30. A 50-year-old woman, whose application was unsuccessful, felt discriminated against because of her age and took her to court.
Unequal treatment may be justified
The German Federal Labor Court then asked the Luxembourg Court how protection against discrimination based on age and protection against discrimination based on disability can be reconciled.
The ECJ judges have now declared that unequal treatment based on age can be justified. The wishes of people with disabilities are important. A personal assistant in the same age group can fit into the personal and social environment more easily. Age requirements for a personal assistant were part of the right to self-determination.
Max Bauer, SWR, tagesschau, December 7th, 2023 12:41 p.m
With information from Max Bauer, ARD legal editor