Compensation for an inaccessible architectural environment

What is an inaccessible architectural environment?

The problem of mobility of people with disabilities in populated areas is one of the most significant, despite all the statutory measures and requirements for public infrastructure.

The current regulatory framework is aimed at ensuring the opportunity for people with disabilities to live independently and participate fully in all aspects of life, regardless of whether the health authorities have provided for them to have companions.

In order to achieve equality with all other members of society, there should be no inaccessible environment for them. An accessible environment implies that a person with a disability can enter the facility absolutely independently in the same way as other citizens without disabilities can access it.

The inaccessible architectural environment is buildings, roads, transport and any other outdoor and indoor facilities, including schools, residential buildings, healthcare facilities and workplaces, which are not adapted for independent use by a person with a disability. 

Who is entitled to compensation?

By virtue of the express provision of the law – Art. 5 of The Law on Protection from Discrimination, maintaining an inaccessible architectural structure constitutes a form of discrimination based on the criterion of "disability".

This inaccessible architectural environment results in a violation of the dignity of citizens with disabilities and the creation of a hostile, offensive and threatening environment for them. The result thus described constitutes non-pecuniary damage that is subject to compensation for every citizen who has been prevented from moving independently in an urban environment.

It should be noted that not only citizens who have difficulty moving due to disability have the right to compensation. This is also true for people with visual impairments, for whom the opportunity for independent and safe movement in a public environment must also be ensured. In urban infrastructure, it is mandatory to place the so-called "tactile plates" on sidewalks, which facilitate the movement of people with reduced vision. They should not only be available in pedestrian areas, but also be placed in a way that meets regulatory requirements.

What is the amount of compensation?

The compensation is assessed for each specific case and its amount depends on many factors. As has already become clear, the compensation is due due to the emergence of negative emotions in citizens with disabilities, such as stress, anxiety, a feeling of helplessness and humiliation due to their inability to move in the architectural environment.

The amount of compensation depends on the duration and intensity of the unpleasant emotions experienced, respectively on the number of visits to the relevant place and the nature of the physical difficulties.    

In 2017, the Sofia District Court awarded a citizen 7,000 leva in compensation for non-pecuniary damage suffered due to his inability to enter and shop in a large grocery store with his wheelchair. The store had a stair robot that provided mobility for those in need by attaching a wheelchair to it, but it was not adapted for the victim's wheelchair, as well as for a number of other models.

It should be noted that if an accident occurs as a result of inaccessible infrastructure, compensation for the damages incurred can also be claimed.

What is the order of protection in an inaccessible architectural environment?

1. We are trying to voluntary dispute settlement – we hold a meeting with the responsible person, where we try to negotiate the best conditions for you. After your approval of the parameters of this agreement, we can proceed to its signing.

2. We report to The Commission for Protection against Discrimination to establish the violation committed.

3. We are filing a civil lawsuit., to claim the compensation due to you for material and/or non-material damages. In addition to not owing us any fee in advance, we will also do everything possible to exempt from paying fees and expenses to the court, if the prerequisites for this, provided for by law, are present.

4. In the event of a successful outcome of the case(s), we file a lawsuit and we represent you before a private bailiff, who will assist you in receiving the actual amount awarded by the court decision - through seizure of bank accounts or other appropriate actions.