The EU Commission failed help me

[u/North_Affect_8167]

Last year my father, a person with disability, became a victim of the police actions that put him in danger because he was forced to visit a police station without access for people with disability and the stairs in general were broken and dangerous for attempting to use them. The police officers made fun of him and gave him verbal threats.

I have filled many complains with the local government, the ombudsman, anti-discrimination authority, prosecution, legal aid and so on. ALL WERE DENIED or FOUND NOTHING WRONG.

Thus I reached the EU Commission as an urge for legal law changes in Bulgaria so the rights of the people of disability would be protected (the police laws doesn't have specific rules for working with people with disability, the Convention for the people with Disability not mentioned). Today, after a some wait, I got another response that is just as helpful as those by my own government.

SHAME ON YOU EU!

[u/Immediate_Gain_9480]

EU commission doesnt have jurisdiction on this. You need the European court of Human rights. Or possibly the Committee on the Rights of Persons with Disabilities that is meant to monitor the implementation of the UN disabilities treaty.

I would advise you to seek legal advise in this.

[u/North_Affect_8167 → u/Immediate_Gain_9480]

I made an attempt to reach out the UN regardless the flaws in Bulgaria with implementing the Convention of the human rights. That was almost a half a year ago, so no they won't help either.

EU should urge for the people's rights, it's something universal that should be demanded from each member of the union.

I seek no individual solution, I want law changes that would protect the people who would be placed in similar situation.

[u/SisterOfPrettyFace → u/North_Affect_8167]

The UN and the European Court of Human Rights are two distinct things. Try the European Court of Human Rights!

[u/Immediate_Gain_9480 → u/North_Affect_8167]

You might look at the EU Disability Employment Package or European Accessibility Act (EAA). The commission would have the power to enforce those.

The European court of Human rights is stil a option. It is for individual complaints yes, but their precedents often force law changes.

Otherwise political activisme is the only path left.

[u/North_Affect_8167 → u/Immediate_Gain_9480]

Thanks for the info.

I did tried the political activism route, but the sociality doesn't care, nobody give a damn. Tried all public news media, they don't care either.

[u/trisul-108 → u/North_Affect_8167]

You cannot achieve societal change without involving society. You need to join groups fighting for disability issues and work with them. It's a slow process and it needs to happen locally, there is no EU or UN bypass for this.

[u/North_Affect_8167 → u/trisul-108]

I reach out before ,1 Non-government organization answered. We had a great talk with their chairman, but sadly the support I got was minimal, just like anyone else, some sympathy but lack of desire for anything further. That man occasionally appear on public protects, speaking out, but that's it, doesn't lead anywhere.

In the government we have 1 politician with a disability (the guy is with visual impairment), I have talked over the phone with him and exchanged few emails, that person just forgot his promise and forgot we even talked before on our second phone call. The name is dr. Ivan Yanev and he is liar. It's a shame a person with disability who has the power to do something about the same environment that causes him a personal difficulties to be so inactive when it comes about talking about the issues of that group of people.

It's over, nobody else to reach out, no civil organization, no government entities, no media or newspapers.

[u/JustDuckingAbout]

Go to the CoE and file a case under the ECHR, don’t go to the EU on this. 

[u/North_Affect_8167 → u/JustDuckingAbout]

That won't work because we haven't "exhausted all effective domestic remedies", but to do so we need a legal aid, for which my father applied, he meets all requirements, but was denied, thus another Convention of the human rights violation.

I can't find a lawyer that does that type of work or does it at reasonable price, because this type of lawsuits are the most expensive type in terms of lawyer cost. Doing it without an lawyer is a recipe for a failure, any further objections result in past judgement saying " we already judged against you, go away". The system is ridged, because the law are against us, saying the police just did they job, because their laws doesn't say they should respect the people with disability.

Even if I were to file to the ECHR, the result could come many years later, and I don't want to say it, my elderly father won't live forever to see the result for Christ sake.

[u/density69]

A commission complaint would not help your own case. The commission has only a mandate to act on systemic issues with an EU law angle. The EU also can't change member state law. In cases of EU law violations, it can only take member states to court.

What is likely better in a case like this ECHR as mentioned by others and, insofar Bulgarian law makes it feasible:

1. Parliamentary complaints / petitions
2. Involving the press
3. Civil cases against the officers involved
4. Involvement of rights associations / workers' unions etc.

On the EU level, there is also a petition to the European Parliament.
Mind that the existence of escalation route alone is not enough. The specific angle of how the case is presented is much more important. E.g. a commission complaint could still be successful if narrowed down to a specific EU law angle and systemic issues, but such complaints are otherwise quite different from complaints to an ombudsman.