“This is a milestone victory for equality for people with disabilities,” immediately rejoices Inclusion Handicap, the umbrella association of Swiss organizations for people with disabilities. Indeed, a dyslexic student has just won at the Federal Court (TF) against the University of Bern. The establishment had refused to grant him more time for the entrance test which gives access to veterinary medicine studies.
The young woman had registered in 2021 for this numerus clausus exam. And she had asked that additional time be given to her to complete it, in order to compensate for her medically certified dyslexia. But the Uni refused her request, and the candidate failed the test. She had therefore decided to take action against the university at all levels. Without success.
But on Tuesday, after intense deliberations, the TF this time admitted its appeal – by 3 judges against 2 – and referred the case to the Administrative Court of the canton of Berne. He will now have to have an expert opinion established to know whether “compensation for the disadvantage” in the form of additional time is compatible with the numerus clausus test. “On the basis of the results, he will rule again on the candidate’s appeal,” he said.
Dyslexia is a written language disorder characterized by persistent difficulty learning and practicing reading, despite normal or even higher intelligence, according to the French-speaking Swiss Dyslexia Association. Around 5 to 10% of Swiss people are dyslexic. A third of them would have high intellectual potential. A hereditary predisposition to this disorder has further been established.
Inclusion Handicap is confident: “Compensation for disadvantages aims to guarantee equal opportunities between students with and without disabilities, and to compensate for the fact that dyslexic students need more time to read,” recalls- She. But their ability to think and act quickly is not limited. “Without compensation, they cannot demonstrate their real abilities and are therefore discriminated against,” explains Cyril Mizrahi, lawyer for the association. In Great Britain and the USA, these extra hours are a matter of course, he recalls.
Important milestone towards equality
The case of this student represents one of the first major cases of the “we claim” project carried out by Inclusion Handicap and its member organizations. This project aims to conduct strategic trials to help people with disabilities assert their rights in Switzerland. The association has high hopes for the TF. “A favorable judgment would sustainably strengthen the right of those affected to compensation measures and would constitute an important milestone towards equality in the field of training.”
