In September 2008, the Salzburg area District Authority, representing
two minors, petitioned the Oberndorf District Court for increased child
support. Following swift preliminary proceedings, by mid-February
2009 all the information required for a decision had been assembled. However, a court decision was not issued until nine months
later. The Ministry of Justice attributed the delay to the fact that the
judicial officer handling the case had been sick, and that judicial
officers overall were having to handle an above-average workload.
Nine months
for a decision
Principle of equal treatment
ALLOWANCES FOR DISABLED STUDENTS
Pursuant to the Student Support Act, students with disabilities
are entitled to additional student allowances. The amounts are
based on the type and extent of disability, the goal being to
cushion the additional financial burden faced by disabled students during their period of study. The details are set forth in law,
and stipulate that those with hearing disabilities receive larger
student allowances than those with visual impairment or those
in wheelchairs.
Basically it should not be feasible to treat one group of disabled students differently from another group of disabled students. To be lawful, and in particular to be in conformity with the principle of equal
treatment, the differing treatment would have to be justified by the
facts. The AOB essentially cannot see any facts that might justify the
different treatment as it is described above.
Different treatment
not justified
The Ministry of Science and Research, within whose realm of responsibility this matter falls, has presented arguments seeking to justify
this unequal treatment, by drawing attention to the findings of a working group in which representatives from organisations for the disabled participated. By contrast with those with visual impairment and
those in wheelchairs, those with hearing disabilities do not receive
any financial support pursuant to the Federal Care Allowance Act. At
the same time, this group has to bear substantial additional costs
during their period of study, e.g. the costs of sign language interpreters, and those costs are not reimbursed from other sources. The
Ministry refers to working group findings
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