CYIL vol. 15 (2024)

VIOLETA VASILIAUSKIENĖ, BIRUTĖ PRANEVIČIENĖ the complaint or request has been dealt with, he/she will be informed of the findings and decisions in a form acceptable to him/her. Complaints and requests submitted in writing and the decisions taken shall be recorded in a separate register. The Social care norms indicate that no means shall be used to restrict a person’s freedom to express his or her opinions, preferences or criticisms of problems arising from the provision of social care, to which the social care institution shall respond promptly and constructively. 113 Complaints to the Equal Opportunities Ombudsperson. The complaints may be filed regarding discrimination on the basis of disability. Each natural and legal person has the right to file a complaint with the Equal Opportunities Ombudsperson concerning a violation of equal rights. The Ombudsperson assesses if the person has experienced discrimination been based on grounds of discrimination as provisioned by laws (disability is one of these grounds) and have the contested actions happened in one of the forbidden discrimination domains (provision of services is one of the domains). 114 In the course of the investigation or upon completion of the investigation, the Equal Opportunities Ombudsperson may take a decision: 1. to refer the investigation material to a pre-trial investigation institution or the prosecutor if elements of a criminal act have been established; 2. to address an appropriate person and make a recommendation to discontinue the actions (inactions) violating equal rights; 3. to address an appropriate person or institution and make a proposal to amend or repeal an administrative act or decision (or part of it) violating equal rights; 4. to initiate administrative proceedings; 5. to reject the complaint if the violations indicated in it have not been corroborated; 6. to issue a warning for the committed violation; 7. to impose an obligation on operators of advertising activity to terminate the unauthorised advertisement and to establish the terms and conditions for the discharge of this obligation; 8. to apply to Administrative Tribunal with an application requesting investigation of compliance of a regulatory enactment (or part thereof), general act adopted by religious community and association, political party, political organisation or association with the Law on Equal Treatment and the Law on Equal Opportunities for Women and Men. The decision of the investigation shall be communicated to the complainant and the person whose actions (inactions) or adopted administrative act or decision have been contested. Conclusions The concept of disability varies significantly depending on social, historical, and political contexts. There isn’t a single, universally accepted definition, which impacts the legal and social treatment of individuals with disability. The UN Convention on the Rights of Persons with Disabilities (CRPD) defines disability broadly, including long-term physical, mental, intellectual, or sensory impairments that, when interacting with various barriers, hinder full

113 Description of Social Care Norms n (74), Annex 4, Art 24. 114 Law on Equal Opportunities n (93), Art. 16.

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