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WHEELCHAIR

Disabled student loses legal battle against France’s ‘discriminatory’ trains

A wheelchair-using student has been dismissed by a Toulouse judge after he sued France’s national rail body for not using trains designed to allow disabled people access to the carriage toilet or cafeteria.

Disabled student loses legal battle against France's 'discriminatory' trains
Kévin Fermine suffers from Little's syndrome, a type of cerebral palsy. Photo: AFP

French law student and activist Kévin Fermine decided enough was enough after numerous train trips from the southern French city to Paris, always unable to gain access to the toilet or the train cafeteria during the 7-hour journey. 

“I’m 26 years old. How much longer before I can travel freely by train?” he’s quoted as saying by France BFM TV station.

The young man, who suffers from Little's Disease (a form of cerebral palsy), decided to take the matter to court, arguing SNCF was harnessing a form of “discrimination” against him and all other wheelchair-bound passengers.

“The SNCF forces people with reduced mobility to be placed in the middle of the carriage passageway, forcing other passengers to step over them to reach their seat,” he said in a press release.

“They also switch off the assistance buttons meant for people with disabilities”.

“I have urinated myself in the past, just because I couldn’t go to the bathroom.

I can't move from the beginning to the end of my trip. I hardly ever have access to the train cafeteria. I'm a prisoner trapped in my spot. It's really very degrading, I can’t stand it anymore”.

READ ALSO: Why is the Paris Metro still out of bounds for disabled people? 

Fermine's lawyer told the judge that SNCF was “in breach of the rules relating to the accessibility of people with reduced mobility”, demanding €20,000 in damages for his client. 

But SNCF’s attorney Alexandra Aderno stressed at the hearing that the public rail company was under no obligation to comply “until 2024”.

“The 2015 law allows SNCF to propose a calendar of changes, it was approved by the State in 2016 and it will extend over 9 years,” she pleaded before Toulouse’s Civil Court. 

The law allows SNCF to gradually implement “its infrastructure changes, services and materials” in accordance with those pertaining to the accessibility of the disabled. 

The judge agreed with SNCF’s case and dismissed Fermine’s claim, ordering him instead to pay all the legal costs of the rail company for the case. 

The decision represents another insult for France’s disabled community, who since 2015 have been particularly irate by the government’s decision to push back the deadline by which public transport and buildings had to be wheelchair friendly by nine years.

That was at a time when only 15 to 40 percent of the buildings that were required to improve their disabled access had done so.

FIND OUT MORE: Anger as France delays wheelchair access laws 

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COURT

Pharmacies in Germany must offer ‘barrier-free’ access to people with disabilities

All pharmacies in Germany must offer “barrier free” access so that people with disabilities can enter them without outside help, according to a new ruling from the Düsseldorf Administrative Court.

Pharmacies in Germany must offer 'barrier-free' access to people with disabilities
An entrance to this pharmacy is not possible without outside help. Photo: Peter Reichert, BSK

Disability advocates consider the ruling a victory which positions them well to champion better access at other service providers, particularly in the medical industry, said the Bundesverband Selbsthilfe Körperbehinderter (Association for the self-assistance of people with physical disabilities, or BSK) in a statement.

The case came about when a pharmacy owner – complaining about current operating regulations – said that a five centimetre barrier between the pavement and the entrance was enough for a person with a physical disability to cross. Yet the court struck down his argument on Tuesday.

“In its ruling, the Administrative Court clarified that “barrier-free” [as its referred in current regulations] basically requires that steps, thresholds and other obstacles be removed so that people with a wheelchair can enter without assistance,” Dunja Fuhrmann, of the BSK in Saarland, told The Local.

“A step – no matter what the difference in height – can be an obstacle for many people dependent on a wheelchair, but also for people with other physical disabilities, which cannot be overcome without help,” said the BSK in a statement.

READ ALSO: At last: Germany passes major disabled rights reform

Previously “well-intentioned suggestions” such as a mobile ramp in combination with a radio bell at the entrance, or the assistance of the staff, are not enough, they added.

The BSK is also advocating for improvement in other infrastructural issues, such as better access on long distance buses and in tourist attractions, in addition to daily services including post offices.

Post offices are another daily service which can pose barriers for people with physical disabilities in Germany. Photo: Peter Reichert, BSK

The German parliament (Bundestag) in 2016 passed comprehensive reform legislation to expand rights for the 7.6 million people who live with severe disabilities in Germany.

Most of them (61 percent) had physical disabilities, such as internal organ problems (25 percent), reduced arm or leg functioning (13 percent), back problems (12 percent), or visual impairment such as blindness (5 percent).

The 400-page legislation includes such measures as simplifying the application process for disability benefits, and allowing benefit recipients to save more of their own money.
 

What do you think that Germany can do to improve its access for people with physical disabilities? Let us know in the comments or email us

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