Autistic young man's fight to become a civil servant in Euskadi

A ruling by the High Court of Justice of the Basque Country reopens the debate on the interpretation of disabilities in public employment.

Generic image of a legal document and a gavel in a courtroom.
IA

Generic image of a legal document and a gavel in a courtroom.

A ruling by the High Court of Justice of the Basque Country has jeopardized the job continuity of a 22-year-old autistic man working as a service assistant at the Vitoria City Council, sparking a debate on the interpretation of disabilities in public employment.

The case of a 22-year-old autistic man, who passed a public examination and whose continuity in public employment is now at risk following a ruling by the High Court of Justice of the Basque Country, has brought to the forefront a debate that extends beyond the courts: how disabilities are interpreted in access to public service and what happens when regulations and reality do not align.
The judicial decision upholds his exclusion from a public employment offer reserved for people with intellectual disabilities. This reverses a previous ruling that allowed him to join as a service assistant at the Vitoria City Council, a position he obtained after passing the selection process and currently holds. The conflict arises precisely from this: the call was aimed at people with intellectual disabilities, and the young man, with a recognized 49% psychic or adaptive disability and an autism diagnosis, was first excluded, then admitted by judicial resolution, and finally removed again after the TSJPV ruling.

"I am a very uncomfortable mother because they told me my son would not be able to speak, read, or do anything."

the young man's mother
The family's lawyer, Adolfo Godoy, places the case in a broader context, highlighting the discrepancies between laws and legal operators. He advocates for the evolution of diagnostic categories and their proper interpretation, considering the degrees of autism. Furthermore, he raises a structural critique of the public employment access system, pointing out that administrations often set the minimum percentage and the high unemployment rate among autistic individuals.
Meanwhile, the young man's family is keeping the judicial process open. Following the TSJPV ruling, they plan to appeal to the Supreme Court if the appeal for cassation interest is admitted, then to the Constitutional Court for a possible violation of the principle of equality, and ultimately to the European Court of Human Rights if necessary. In parallel, the young man continues to work, and his family has chosen to preserve his stability and minimize his exposure to the judicial conflict.