"I will always fight if my son's rights are violated again!" says Nana Gulua, the mother of 5-year-old Daniel.

Because of Nana’s commitment and the efforts of the Partnership for Human Rights (PHR) supported by USAID/PROLoG and the USAID Rule of Law Program, a legal precedent was established that state agencies, which violate the rights of the child with a disability will have to pay damages. 

The case started in July 2019, when Nana applied for Daniel to be granted the legal status of a person with a disability, which would give him access to certain state-funded services and benefits. Daniel was not yet two years old, and the request was refused by the Senaki Mental Health Center because: "...according to the existing legislation, Down syndrome was not a basis for granting disability status. Also, considering their development, it was impossible to determine other mental retardation in children under the age of three." 

The State Regulation Agency for Medical and Pharmaceutical Activities and the Senaki District Court agreed with the Mental Health Center’s refusal. However, Nana did not stop fighting to protect her son's rights; without a lawyer, she took the case to the Kutaisi Court of Appeals.

On June 9, 2020, the Kutaisi Court of Appeals made an important decision, noting that: "refusal to conduct a medical and social examination to determine the disability status due to the fact that Down Syndrome is not on the list of diseases…contradicts the Constitution of Georgia, international agreements, legislation, and by-laws and limits the rights guaranteed by these acts." The court held that even a child under the age of three with Down Syndrome must be assessed to determine whether he should be granted status as a person with disability, which resulted in Daniel being assessed given that status. 

With this decision, the Kutaisi Court of Appeals showed that the existing outdated medical model of granting status of person with disability violates the rights of persons with disabilities and that in accordance with the UN Convention on the Rights of Persons with Disabilities, the court can annul such an illegal decision.

It was at this stage that the lawyers of PHR got involved in the protection of Daniel's rights, applying to Senaki District Court for compensation for the damage caused to Daniel due to the Mental Health Center’s refusal to grant him the status of a child with disability, which caused him to be denied a social pension.

On December 29, 2022, Senaki District Court Judge Darejan Kvaratskhelia satisfied Daniel’s request and ordered the Senaki Mental Health Center to pay 3,820 GEL in damages for its initial failure to assess whether Daniel was person with disability and the resulting denial of services. 

PHR considers this decision a precedential decision that gives all children who were denied the status in violation of the law the opportunity to apply to the court for the protection of their rights, access to necessary social and medical services, and compensation for damages incurred.