„Discomfort not only for me but also for the child“
According to the mother who submitted to the Service, the “Gabijėlė” building is not accessible to people using wheelchairs, so she is forced to remain on the sidelines of the kindergarten community.
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As the woman said, the situation worsened especially last year when her child’s group was moved from the modular annex to the second floor of the main building. Because of this, she could not personally take her child to the group or pick them up for the entire school year. In addition, according to the complainant, she also had difficulties participating in kindergarten celebrations, as these often took place in areas inaccessible to her.
According to the complainant, she had to ask other parents to carry her up the stairs or miss events in which her child participated. The woman indicated that communication with the educators or the institution’s administration was also problematic – she had to do this in the corridors because the way to the offices was only via stairs.
“Such situations demean dignity and cause discomfort not only to me but also to the child. It is no secret that he also feels uneasy when his mother cannot personally accompany him or participate in the concert,” the woman said.
The complainant pointed out that she contacted the Vilnius City Municipality about these problems back in 2023. During that time, some changes were made in the kindergarten, but according to the woman, the situation has essentially not changed. Moreover, as the complainant stated, in correspondence with the municipality, she was promised that the institution would be adapted by the end of 2025, but this has not been done so far.
Placed in a worse position due to disability
When the Service began the investigation, representatives of both the Vilnius City Municipality and the “Gabijėlė” nursery-kindergarten acknowledged that the building is only partially accessible. It was also noted that the situation was assessed, and many works were carried out, such as the installation of an elevator, a ramp, a slope, and an adapted toilet.
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In addition, it was indicated that another elevator will be installed in the institution, which will ensure full access to the second floor of the building. It is planned that the installation work of this elevator will be completed soon, by the end of July.
According to the Service’s lawyer Karolis Čepas, it is understandable that adaptation processes may take time; however, during the investigation, sufficient data was collected showing that the complainant experienced discrimination due to disability, and she was prevented from participating in her child’s education process on equal terms with other parents.
According to K. Čepas, in cases where accessibility cannot be ensured for objective reasons, the service provider must ensure individual adaptation of appropriate conditions.
“In this case, it could have been organizing kindergarten events in premises accessible to the complainant, for example, in the gym where parent meetings take place. However, according to the investigation data, no such actions were taken, despite the fact that the institution has known about the complainant’s needs for a long time. On the contrary – the kindergarten administration moved the complainant’s child’s group to the second floor of the building, which is inaccessible to her,” said the lawyer.
The “Gabijėlė” nursery-kindergarten and the institution’s owner, Vilnius City Municipality, were found to have violated the Equal Opportunities Act, and they were recommended to fully adapt the nursery-kindergarten premises. The Service additionally recommended that the municipality take measures to gradually ensure the accessibility of all educational institutions on its territory for persons with disabilities.
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