Armenia’s appeals court on November 19 weakened protections against disability-based discrimination, limiting legal safeguards for people undergoing disability assessments. The court overturned a lower court ruling and determined that discrimination “on the basis of disability” only applies to individuals already formally recognized as having a disability. This leaves those applying for disability status—arguably the most vulnerable—without legal protection.
The case, initiated in 2023 by the Disability Rights Agenda, challenged Armenia’s new functionality assessment mechanism, which replaced the outdated disability assessment system. The new mechanism fails to account for how physical, informational, and social barriers, as well as discriminatory attitudes, can exacerbate disabilities. It also lacks transparency, leaving applicants unable to understand or meaningfully contest decisions regarding their disability status.
Initially, the Court of First Instance accepted the case and recognized the organization’s standing, relying on a 2021 amendment that allows disability rights groups to file cases on behalf of unidentified beneficiaries. That court found that excluding environmental factors from assessments violated Armenia’s disability laws and set an important precedent for protecting applicants’ rights.
The appeals court reversal conflicts with Armenia’s international human rights obligations. The UN Committee on the Rights of Persons with Disabilities clarifies that discrimination includes not only those with recognized disabilities but also individuals presumed to have or at risk of developing a disability. States must protect these groups and ensure access to effective remedies.
Human Rights Watch has highlighted longstanding barriers for people with disabilities in accessing justice in Armenia, noting insufficient judicial protections. Advocates urge the government to adopt a strong anti-discrimination law with procedural safeguards, revise the disability assessment system for transparency and inclusion of environmental factors, and provide adequate training and resources to the judiciary.
