Facultatea de Drept / Faculty of Law
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Item Discriminarea indirectă, pe criteriul de dizabilitate, a avocaților în acces la asistența medicală obligatorie [Articol](CEP USM, 2023) Meșter, VitalieIndirect discrimination is any apparently neutral provision, action, criterion or practice that has the effect of putting one person at a disadvantage compared to another person based on the criteria stipulated by law, unless that provision, action, criterion or practice is justified objectively, through a legitimate purpose and if the means to achieve that purpose are proportionate, adequate and necessary. In this line of ideas, the rule that obliges all lawyers to pay the mandatory medical assistance insurance premium, although it seems to be neutral, has the effect of disadvantaging lawyers with disabilities (having a deteriorated state of health, more limited possibilities to work, higher expenses for maintaining health, etc.) compared to lawyers without disabilities, thus generating a treatment contrary to the provisions of art. 16 in conjunction with art. 47 of the Constitution.Item Asigurarea egalităţii în drepturi a persoanelor cu dizabilităţi – un deziderat necesar incluziunii sociale [Articol](CEP USM, 2021) Meșter, VitalieEnsuring equal rights for people with disabilities is a precondition for the social inclusion of these people in all aspects of life. Disability is not a diagnosis that qualifies the person. Disability is an evolving concept and that it results from the interaction between people with lasting physical, mental, intellectual or sensory disabilities and the barriers of attitude and environment that prevent their full and effective participation in society on an equal basis with others.