The Inclusion Handicap association is delighted this Tuesday with a new legal victory for students in Switzerland. A young apprentice commercial employee recently won his case before the Administrative Court of the canton of Saint-Gall. The St. Gallen authorities refused in 2023 to give him more time to take certain written exams in a vocational school.
The apprentice had requested this because he is dyslexic and already benefited from such a measure at compulsory school. But the requirements could not be lowered, according to the Canton because “reading and writing are part of the elementary basic skills essential to the profession of CFC commercial employee”, relates Inclusion Handicap.
The Cantonal Court fully accepted the young man’s appeal. He notably considered that during written exams, this apprentice could only “demonstrate his real abilities thanks to the extra time granted, and that this is the only way to compare his level with that of other students”. The bank which trains the apprentice in question also said it was “extremely satisfied” with his work.
The association believes that the outcome of this case is a new important step to “strengthen the rights of people with disabilities in the field of the Swiss training system”. In May, a French-speaking student from the University of Bern, also dyslexic, won before the Federal Court. The establishment had refused to be more flexible on the deadlines set for an entrance test which gives access to veterinary medicine studies. This decision set a precedent since the Saint-Gallois Court referred to this judgment to motivate its decision, specifies Inclusion Handicap.
“Not preferential treatment”
Granting accommodation to pupils or students with disabilities is called a “compensation for disadvantages” measure. This flexibility is enshrined in the UN Convention on the Rights of Persons with Disabilities, ratified by Switzerland. This right “does not constitute preferential treatment but a means of guaranteeing equal opportunities”, recalls the site we claim, which works in favor of the rights of people with disabilities.
