Personal Assistance as an Element of the Constitutional Protection of the Rights of the Individual

Abstract

The article analyses standards for the protection of an individual’s rights in cases concerning personal assistance for people with disabilities, as developed in the case law of administrative courts. The study aims to demonstrate that, despite the programme-based and optional nature of this form of support, administrative courts consistently limit the discretion of commune authorities by strengthening the obligation to apply constitutional and procedural guarantees for the protection of individuals. The article argues that the case law of administrative courts leads to the gradual constitutionalisation of personal assistance, which is increasingly treated as an element of the standard for the protection of the dignity, independence and equal treatment of people with disabilities. The analysis covers competence relations within the commune, the obligation to issue administrative decisions and the importance of review by administrative courts. The methods employed in the study include the dogmatic legal method and an analysis of the case law of provincial administrative courts, supplemented by elements of constitutional interpretation. The article also assesses proposed statutory solutions and presents de lege ferenda proposals.