In order to be more explicit and to treat the problem from a practice view, Supreme Court

of Justice Decision1 regarding discrimination of special needs people, will be more than suitable.

The Claimant asks for stopping discrimination against him, to issue the ID card, and to
taking reasonable accommodation measures by the Respondent, represented by Migration Office
and asylum of Ministry of Interior.

The Claimant is a person with special needs, who’s permission to stay in Republic of
Moldova as a citizen, has expired, and he was put into special regime, into asylum, which is
contrary to his rights. The court, The Appeal Court, have found his action as unreasonable und
groundless. But, The Supreme Court of Justice decided that the appeal is admissible and the
claimant’s ask has to be fulfilled, mentioning that “the courts must indicate sufficiently clarity the
reasons on which they base their decisions, and given the character determinant of its conclusions
to specify the notions, which implies an appreciation of facts subject to examination”, and “the
notion of a fair trial imposes as the court not only to briefly motivate his decision, but to
effectively examine the problems essentials that are subject to appreciation and not content to try
pure and simply the conclusions of one of the parties”.

As we see, our judicial body tried to defend the persons with special needs, which is a
very important think for our society. Because in a democratic and solid society, the right of
person with special need must be respected and protected, in so far as the other’s rights are
respected and protected by the law and the state.

1
http://jurisprudenta.csj.md/search_col_civil.php?id=52238&fbclid=IwAR2IW52WTtkEiV-
Xbv1z269PNdJX0lkOnvOM7hzbuqC6L1NhFzUZe6FNgTc