The Commission has used its legal competence to submit a request to the Primary Civil Court in Skopje, in order to be enabled to act in the court proceedings for protection against discrimination as a friend of the court (amicus curiae).
The procedure in question considers protection against discrimination of public interest (action popularis) and was initiated by the Helsinki Committee for Human Rights – it refers to discrimination against persons with disabilities in access to and within polling stations.
The Commission, as a professional equality body, in its application to be included in the court proceedings as a friend of the court, provided an interpretation of the articles of the UN Convention on the Rights of Persons with Disabilities relating to the issue of appropriate adjustment, universal access, equality and non-discrimination vis a vis access to polling stations and enabling persons with disabilities to exercise their right to vote, as part of the political and public life of persons with disabilities. Additionally, in this submission, the Commission provided a brief overview of the case law of the European Court of Human Rights in cases in which the Court established the presence of discrimination on the ground of disability, due to unsafe appropriate adjustment.
Amicus curiae or a friend of the court is a professional entity, organization or body, that is not a party to the litigation, but with its expertise, experience and information in a particular field can advise the court on a particular legal matter that is the subject of litigation.
▶️ If you want further information on how equality bodies can appear in the capacity of a friend of the court, read this publication, issued by the Moldovan Equality Council and the Council of Europe: https://rm.coe.int/0900001680932030