natgillin/translations-raw huggingface dataset:
In the absence of binding legal provisions, the Ombudsman did not find maladministration in the fact that the complainant's daughter could not be educated in a European School.
In the absence of binding legal provisions, the Ombudsman did not find maladministration in the fact that the complainant's daughter could not be educated in a European School.
The Ombudsman nevertheless found that the financial aspects of the situation constituted an unjustified discrimination, and he therefore made a recommendation that the Commission should take the necessary steps to ensure that parents of children with special educational needs who are excluded from the European Schools because of their degree of disability are not required to contribute to the educational costs of their children.
The Ombudsman nevertheless found that the financial aspects of the situation constituted an unjustified discrimination, and he therefore made a recommendation that the Commission should take the necessary steps to ensure that parents of children with special educational needs who are excluded from the European Schools because of their degree of disability are not required to contribute to the educational costs of their children.
Summary of the complaint and the Ombudsman's inquiry
Summary of the complaint and the Ombudsman's inquiry
On 25 July 2002 a Commission official whose daughter has special educational needs complained to the Ombudsman.
On 25 July 2002 a Commission official whose daughter has special educational needs complained to the Ombudsman.
The complainant stated that her daughter joined the European School Brussels II in September 1997 and received assistance under that school' special educational needs programme during the school years 1998-99 and 1999-2000.
The complainant stated that her daughter joined the European School Brussels II in September 1997 and received assistance under that school' special educational needs programme during the school years 1998-99 and 1999-2000.
In June 2000 the school's Board of Directors decided that the child's needs would not be met at the school and she was accepted in the Special Education Unit of the 'International School' of Brussels in September 2000.
In June 2000 the school's Board of Directors decided that the child's needs would not be met at the school and she was accepted in the Special Education Unit of the 'International School' of Brussels in September 2000.
Based on Commission guidelines the complainant was obliged to pay a percentage of the costs of the child's education at that fee-paying school.
Based on Commission guidelines the complainant was obliged to pay a percentage of the costs of the child's education at that fee-paying school.
The complainant noted that the Statute of the European Schools, which provides that the ir role is to promote the education of European Institutions' staff, does not mention that some children with disabilities can be excluded because of their disabilities.
The complainant noted that the Statute of the European Schools, which provides that the ir role is to promote the education of European Institutions' staff, does not mention that some children with disabilities can be excluded because of their disabilities.
According to the complainant the Commission is partly responsible for the situation, because it has a seat on the Board of Governors of the European Schools and is involved in issues concerning the Schools' budget.
According to the complainant the Commission is partly responsible for the situation, because it has a seat on the Board of Governors of the European Schools and is involved in issues concerning the Schools' budget.
In its opinion of 6 January 2003 the Commission addressed the allegations made by the complainant.
In its opinion of 6 January 2003 the Commission addressed the allegations made by the complainant.
The Commission underlined that European Schools, unlike most national education systems which have special centres for children with disabilities, only comprise standard educational establishments.
The Commission underlined that European Schools, unlike most national education systems which have special centres for children with disabilities, only comprise standard educational establishments.
Despite this limitation the European Schools are sympathetic towards the difficulties faced by children with special educational needs.
Despite this limitation the European Schools are sympathetic towards the difficulties faced by children with special educational needs.
Since 1987 remedial courses and guidance centres have been put in place, and since 1989 each school has "advisory groups", which assess the specific needs of each child.
Since 1987 remedial courses and guidance centres have been put in place, and since 1989 each school has "advisory groups", which assess the specific needs of each child.
As a result of the Commission's intervention, the section of the Schools' budget devoted to children with special educational needs has doubled from 1996 to 2002.
As a result of the Commission's intervention, the section of the Schools' budget devoted to children with special educational needs has doubled from 1996 to 2002.
As regards the particular case of the complainant's daughter, the European School Brussels II had concluded that it could not satisfy her needs, and the Commission considered that the policy of the School, having done everything it could in accordance with existing procedures, was not discriminatory.
As regards the particular case of the complainant's daughter, the European School Brussels II had concluded that it could not satisfy her needs, and the Commission considered that the policy of the School, having done everything it could in accordance with existing procedures, was not discriminatory.
In relation to the financial contribution to be made by parents of certain children with special educational needs, the Commission underlined that if an official applies for assistance under budget line A-4103 ("supplementary aid for the disabled"), Article 5a of the provisional guidelines stipulates that he/she must make a contribution depending on taxable family income.
In relation to the financial contribution to be made by parents of certain children with special educational needs, the Commission underlined that if an official applies for assistance under budget line A-4103 ("supplementary aid for the disabled"), Article 5a of the provisional guidelines stipulates that he/she must make a contribution depending on taxable family income.
According to the Commission the financial contribution of the complainant came to 5% of the expenses occurred.
According to the Commission the financial contribution of the complainant came to 5% of the expenses occurred.
As regards the need to provide parents of children with special educational needs with information, the Commission stated that it will ensure that such details henceforward are included in the information given to new officials both before they take up their posts in the institutions and when they start work.
As regards the need to provide parents of children with special educational needs with information, the Commission stated that it will ensure that such details henceforward are included in the information given to new officials both before they take up their posts in the institutions and when they start work.
In her observations to the Commission's opinion the complainant considered that if the European Schools are unable to cater for some children with special educational needs their budget should entirely finance the education of those children in an alternative establishment.
In her observations to the Commission's opinion the complainant considered that if the European Schools are unable to cater for some children with special educational needs their budget should entirely finance the education of those children in an alternative establishment.
The complainant suggested that the European Schools should cover all educational costs of children with special educational needs who have to be transferred to an alternative education system.
The complainant suggested that the European Schools should cover all educational costs of children with special educational needs who have to be transferred to an alternative education system.
She underlined that the Commission, as guardian of the Treaties, should ensure implementation of Community legislation on combating all types of discrimination on the ground of disability, and that the European Schools are in breach of Article 14 of the Charter of Fundamental Rights of the European Union
She underlined that the Commission, as guardian of the Treaties, should ensure implementation of Community legislation on combating all types of discrimination on the ground of disability, and that the European Schools are in breach of Article 14 of the Charter of Fundamental Rights of the European Union
" Article 14
" Article 14
Right to education
Right to education
Everyone has the right to education and to have access to vocational and continuing training.
Everyone has the right to education and to have access to vocational and continuing training.
This right includes the possibility to receive free compulsory education.
This right includes the possibility to receive free compulsory education.
3.The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right." .
3.The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right." .
After an evaluation of the opinion and observations the Ombudsman did not consider that the Commission had responded adequately to the complaint.
After an evaluation of the opinion and observations the Ombudsman did not consider that the Commission had responded adequately to the complaint.
The Ombudsman concluded that by requesting a contribution from the complainant to the educational costs of her child who had been excluded from the European Schools because of her degree of disability the Commission did not ensure respect for the principle of equal treatment.
The Ombudsman concluded that by requesting a contribution from the complainant to the educational costs of her child who had been excluded from the European Schools because of her degree of disability the Commission did not ensure respect for the principle of equal treatment.
The Ombudsman therefore proposed that the Commission should ensure that the complainant was not required to contribute to the educational costs of her child.
The Ombudsman therefore proposed that the Commission should ensure that the complainant was not required to contribute to the educational costs of her child.
In its reply to the Ombudsman the Commission explained that, if approved, a new scheme involving certain changes in the current guidelines on additional help for people with disabilities was to enter into force on 1 May 2004 The Commission also argued that the present regime could not be viewed as discriminatory because parents of other children, who for pedagogical reasons cannot attend a European School, must also look for alternative schools and these alternative schools are also subject to charges which are not fully reimbursed.
In its reply to the Ombudsman the Commission explained that, if approved, a new scheme involving certain changes in the current guidelines on additional help for people with disabilities was to enter into force on 1 May 2004 The Commission also argued that the present regime could not be viewed as discriminatory because parents of other children, who for pedagogical reasons cannot attend a European School, must also look for alternative schools and these alternative schools are also subject to charges which are not fully reimbursed.
Since requirements for parents to contribute to the educational costs are not necessarily linked to disability the Commission considered that the additional financial contribution should not be regarded as discriminatory and pointed out that if children with disabilities are excluded it is not because of their disability, but because the severity of their disability is beyond the school's ability to cope with them.
Since requirements for parents to contribute to the educational costs are not necessarily linked to disability the Commission considered that the additional financial contribution should not be regarded as discriminatory and pointed out that if children with disabilities are excluded it is not because of their disability, but because the severity of their disability is beyond the school's ability to cope with them.
Since the cost of alternative establishments is considerable, and having regard to the existing budgetary restrictions, a limited contribution is required by the parents based on their financial situation.
Since the cost of alternative establishments is considerable, and having regard to the existing budgetary restrictions, a limited contribution is required by the parents based on their financial situation.
However, the Commission announced its intention to decrease the financial burden for the complainant.
However, the Commission announced its intention to decrease the financial burden for the complainant.
According to Article 3(5) of the Statute of the European Ombudsman
According to Article 3(5) of the Statute of the European Ombudsman
In this case the Ombudsman forwarded the Commission's reply to the proposal for a friendly solution to the complainant.
In this case the Ombudsman forwarded the Commission's reply to the proposal for a friendly solution to the complainant.
The complainant restated the facts of the case and underlined that the obligation to contribute to her daughter's education was linked to the fact that her daughter has disabilities.
The complainant restated the facts of the case and underlined that the obligation to contribute to her daughter's education was linked to the fact that her daughter has disabilities.
She argued that the Commission's references to future initiatives are irrelevant as is the question of other children leaving the European Schools for other, pedagogical, reasons.
She argued that the Commission's references to future initiatives are irrelevant as is the question of other children leaving the European Schools for other, pedagogical, reasons.
Her situation concerns a child who was refused an education because of her disability, and thus was asked to pay for part of her education, and in contrast to the figures referred to by the Commission she noted that her contribution amounts to 15% of the costs.
Her situation concerns a child who was refused an education because of her disability, and thus was asked to pay for part of her education, and in contrast to the figures referred to by the Commission she noted that her contribution amounts to 15% of the costs.
The discrimination occurs purely because of her disability and in the view of the complainant the Commission had been guilty of a complete neglect of its responsibilities to its staff and their dependants.
The discrimination occurs purely because of her disability and in the view of the complainant the Commission had been guilty of a complete neglect of its responsibilities to its staff and their dependants.
The Draft Recommendation
The Draft Recommendation
In accordance with Article 3(6) of the Statute of the Ombudsman, the Ombudsman addressed a draft recommendation to the European Commission on 27 February 2004.
In accordance with Article 3(6) of the Statute of the Ombudsman, the Ombudsman addressed a draft recommendation to the European Commission on 27 February 2004.
In this connection the Ombudsman noted that children of EU staff, including children with special educational needs whose needs can be met by the European Schools, have the right to be admitted to the European Schools.
In this connection the Ombudsman noted that children of EU staff, including children with special educational needs whose needs can be met by the European Schools, have the right to be admitted to the European Schools.
Hence, these EU officials do not have to make any contribution to the costs of their children's education.
Hence, these EU officials do not have to make any contribution to the costs of their children's education.
In contrast, the Commission does not cover the full educational costs of children with special educational needs who are excluded from the European Schools because of their degree of disability.
In contrast, the Commission does not cover the full educational costs of children with special educational needs who are excluded from the European Schools because of their degree of disability.
The Ombudsman pointed out that the principle of non-discrimination and equal treatment is a fundamental principle of Community law.
The Ombudsman pointed out that the principle of non-discrimination and equal treatment is a fundamental principle of Community law.
As laid down in Article 21(1) of the Charter of Fundamental Rights of the European Union
As laid down in Article 21(1) of the Charter of Fundamental Rights of the European Union
"Article 21 (1)
"Article 21 (1)
Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited." and Article 13(1) of the EC Treaty
Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited." and Article 13(1) of the EC Treaty
"Article 13 (1)
"Article 13 (1)
Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation." , any type of discrimination based on grounds of disability is prohibited.
Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation." , any type of discrimination based on grounds of disability is prohibited.
The Ombudsman considered therefore that the different financial treatment which the Commission gives officials with children with special educational needs, who are excluded from the European Schools, is based solely on grounds of disability and thus discriminatory.
The Ombudsman considered therefore that the different financial treatment which the Commission gives officials with children with special educational needs, who are excluded from the European Schools, is based solely on grounds of disability and thus discriminatory.
As regards the exclusion of certain children from the European Schools for pedagogical reasons, the Ombudsman considered that the factual and legal circumstances of such children are not comparable to those of children with special educational needs, who are excluded from the European Schools because of their degree of disability.
As regards the exclusion of certain children from the European Schools for pedagogical reasons, the Ombudsman considered that the factual and legal circumstances of such children are not comparable to those of children with special educational needs, who are excluded from the European Schools because of their degree of disability.
Concluding that the different financial treatment provided by the Commission to officials with children with special educational needs who are excluded from the European Schools because of their degree of disability is discriminatory, and consequently constitutes an instance of maladministration, the Ombudsman made the following draft recommendation:
Concluding that the different financial treatment provided by the Commission to officials with children with special educational needs who are excluded from the European Schools because of their degree of disability is discriminatory, and consequently constitutes an instance of maladministration, the Ombudsman made the following draft recommendation:
"The Commission should take the necessary steps to ensure that parents of SEN children who are excluded from the European Schools because of their degree of disability are not required to contribute to the educational costs of their children."
"The Commission should take the necessary steps to ensure that parents of SEN children who are excluded from the European Schools because of their degree of disability are not required to contribute to the educational costs of their children."
In the absence of any legal provisions on the subject the Ombudsman could not conclude that the Commission had failed to act properly by not ensuring that the European Schools provide education programmes for all children with special educational needs of EU officials.
In the absence of any legal provisions on the subject the Ombudsman could not conclude that the Commission had failed to act properly by not ensuring that the European Schools provide education programmes for all children with special educational needs of EU officials.
The Ombudsman therefore concluded that there appeared to be no maladministration as regards this aspect of the complaint.
The Ombudsman therefore concluded that there appeared to be no maladministration as regards this aspect of the complaint.
In regard to the complainant's allegation that the Commission failed to make clear in the information concerning the European Schools that some children with special educational needs can be excluded the Ombudsman concluded, taking note of the Commission's assurance that all necessary steps would be undertaken to provide officials with appropriate information, that no further inquiry in relation to this aspect of the complaint seemed to be necessary.
In regard to the complainant's allegation that the Commission failed to make clear in the information concerning the European Schools that some children with special educational needs can be excluded the Ombudsman concluded, taking note of the Commission's assurance that all necessary steps would be undertaken to provide officials with appropriate information, that no further inquiry in relation to this aspect of the complaint seemed to be necessary.
In the course of the inquiry the Ombudsman received a significant number of additional complaints which involved similar facts and raised identical allegations.
In the course of the inquiry the Ombudsman received a significant number of additional complaints which involved similar facts and raised identical allegations.
The Commission was informed and asked to submit an opinion on them.
The Commission was informed and asked to submit an opinion on them.
The Commission chose to reply jointly to all of them through its detailed opinion in the present case.
The Commission chose to reply jointly to all of them through its detailed opinion in the present case.
The European Commission's detailed opinion and additional information
The European Commission's detailed opinion and additional information