Brussels, 18/04/2011 (Agence Europe) - The European Disability Forum (EDF) says that an airline refusing to let somebody board a plane because of their disability or reduced mobility despite having a valid ticket and reservation is clearly violating EU Regulation 1107/2006/EC on the rights to air travel of the disabled and people with reduced mobility. The only exception should be that the traveller should meet the applicable safety standards under international, EU or national law.
On Monday 4 April, a wheelchair-bound United Nations rapporteur, Shuaib Chalken, was informed that if he planned to travel unaccompanied, he would not be allowed to board Swiss Air flight LX353 from London to Geneva. Swiss Air's medical department justified this on the grounds that he could not use the lavatory unaccompanied (although the lavatories are not an emergency exit and therefore this was not a flight safety issue). This decision was taken despite the short duration of the flight (only one hour forty minutes) and the fact that Chalken is a seasoned traveller, who regularly flies between London and Geneva. EDF believes that Swiss Air's decision directly violates EU law governing the rights of disabled persons and persons with reduced mobility when travelling by air.
On Monday 11 April, EU Transport Commissioner Siim Kallas released a report on the functioning and effect of this legislation (see EUROPE 10356/10355). This report demonstrates the gravity of discriminatory behaviour such as that experienced by Shuaib Chalken. One of the reasons for publishing the report is that Commissioner Kallas wants to prevent such discrimination against disabled and reduced mobility individuals.
Yannis Vardakastanis, President of EDF, says that in this case, the right to free movement was infringed due to a lack of understanding and awareness of disability issues, and that: “Persons with disabilities cannot yet freely move, work and live in their countries as simply as can other EU citizens. The EU has committed itself to guaranteeing freedom of movement to all citizens; it is now time to deliver this promise to the 80 million Europeans with disabilities as well.” (G.B./transl.fl)