Foster Application Rejection on Basis of Disability Illegal, Says Court
The Child Protection Agency was wrong to reject an application submitted by Freyja Haraldsdóttir to foster a child without even giving her the opportunity to attend a course for people interested in fostering children, RÚV reports. This was the ruling of the Court of Appeals, or Landsréttur, and overturned the previous ruling made by the District Court.
The decision to reject Freyja’s application was based, among other things, on the agency’s assessment that she did not fulfill the requirement of being in overall good health. (Freyja, who is a former Bright Future MP and disability rights activist, has a genetic disorder called Osteogenesis imperfecta.) The agency also stated that there is no information or research available on how foster situations work out when the foster parent utilizes user-led personal assistance services, as Freyja does.
According to Landsréttur, laws related to people with disabilities state that in relevant situations, a person’s general health should be assessed without reference to their disability. User-led personal assistance services are, moreover, aimed at helping the recipient overcome limitations in their daily lives to whatever extent is possible and to better allow them to participate in society to the fullest extent.
Landsréttur determined that Freyja’s application had been rejected on the basis of her disability and was, therefore, illegal. This then renders the Child Protection Agency’s decision invalid.