Swiss court rejects special assistance for student with disabilities
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Swiss court rejects special assistance for student with disabilities
The Swiss Federal Court has rejected an application for special assistance from a student with disabilities at the federal technology institute ETH Zurich. Such assistance would inadmissibly lower the requirements for studying, it ruled.
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The complainant, born in 1964, has suffered from a cognitive impairment since an accident in 1995. After studying biology, he began a Master’s degree in environmental sciences at ETH Zurich in 2019.
The student had applied for disability-related compensation: he was to receive 20% funding towards personal assistance for administrative and technical work. This was not assistance with research or studying for exams, but assistance with collecting, organising and printing lecture documents.
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However the application was rejected by ETH Zurich, the internal appeals committee and the Federal Administrative Court. The Federal Supreme Court has now also rejected the student’s appeal. It points out that various national and international provisions stipulate that Switzerland must actively promote equal opportunities for people with disabilities in the field of education. In this context, assistance could also be considered.
In the present case, however, such assistance would lead to an inadmissible reduction in the requirements associated with studying, according to the judges.
The ETH Zurich Master’s degree programme in Environmental Sciences is designed to enable students to work independently using scientific methods. The required competences include the ability to collect information and data in order to understand problems and the competence to use this information.
Accommodation costs
The court ruled that the work for which the student would receive support also contributes to the successful completion of his studies. The ability to find one’s way around a particular degree programme is a core competence of university graduates.
On the other hand, the court allowed an appeal brought by the complainant in separate proceedings. He had demanded compensation from ETH Zurich for his accommodation costs during a field seminar. He claimed that he had to travel in advance due to his disability and needed a quiet room in order to be able to concentrate. He had therefore booked a bed and breakfast and requested payment of CHF388.
The Federal Court found that the Federal Administrative Court had failed to examine whether the complainant actually needed such a room and whether the state’s limited resources justified paying this bill. The case has therefore been referred back to the lower court.
Translated from German with DeepL/sb
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