Parents of children with disabilities are waging a relentless battle with the system. Fortunately, the results are becoming visible as well, as in the case of the Sjena Association, which requested a constitutional review of the Personal Assistance Act
By a unanimous decision, the Constitutional Court repealed several discriminatory provisions of the Act, thereby preventing the denial of a fundamental human right—the right to personal assistance services—to children and persons with the most severe disabilities.
We spoke with Suzana Rešetar, president of the Sjena Association, about the Constitutional Court’s decision and the drafting of a new regulation with the force of law.
Did the Sjena Association expect the Constitutional Court to deliver a historic decision?
– Honestly, we did expect it, because it was a legal and moral necessity. Not because we believe the system always works, but because the violations of rights were so obvious that they could no longer be ignored. With this decision, the Constitutional Court merely confirmed what we have been warning about for years—that fundamental human rights cannot be conditioned by administrative capacity or the labor market.
What message does this decision send to the Croatian public?
– The message is clear: human rights are not charity. Persons with disabilities are not a burden on the system, but holders of rights guaranteed by the Constitution. The state exists in order to ensure the conditions for exercising those rights, not to look for excuses to deny them.
To what extent will this decision make life easier for persons with disabilities and their families?
– For many families, this decision means the difference between mere survival and a dignified life. Personal assistance is not a luxury; it is a prerequisite for independence, inclusion, and a basic quality of life. This decision brings hope, but also an obligation for the state to finally implement this right in practice.
Not everyone is pleased with the decision. How do you respond to the claim that expanding the number of beneficiaries will reduce the availability of personal assistants, who are already in short supply?
– Such a claim dangerously replaces the real issue and is usually a spin. The shortage of assistants is not a problem caused by persons with disabilities, but the result of years of state neglect—poor working conditions, low wages, and a lack of systematic planning. You cannot restrict the rights of one group because the system, or public policies, have failed to do their job.
What is the solution to the shortage of assistants in certain areas?
– The solution is well known; it has simply been ignored for years: improving working conditions and wages for assistants, a national recruitment campaign, more flexible models of assistance in smaller communities, and long-term planning instead of crisis firefighting. The state must take responsibility rather than shifting the burden onto the most vulnerable.
What do you expect from the regulation with the force of law announced by Prime Minister Andrej Plenković?
– We expect the regulation not to be cosmetic, but implementational. It must clearly secure funding, remove obstacles, and ensure that the Constitutional Court’s decision is carried out without further delays or bureaucratic traps. Anything else would be yet another betrayal of the trust of persons with disabilities.
The Sjena Association has announced its participation in drafting a new Personal Assistance Act. Do you stand by that decision?
– Absolutely. But not pro forma. We are ready to cooperate only if the voices of persons with disabilities and their families are genuinely taken into account, not used as an alibi. This law must be shaped by those who live personal assistance every day—not only by those who administer it from their offices.
