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Diario Euskadi

Aimar, with autism, excluded from Vitoria-Gasteiz City Council job offer

The High Court of Justice of the Basque Country upholds the municipal decision to exclude him from a call for intellectually disabled people.

Generic image of a legal document and a gavel on a desk, with warm lighting.
IA

Generic image of a legal document and a gavel on a desk, with warm lighting.

Aimar, a 21-year-old with autism spectrum disorder and a recognized 49% disability, must withdraw from the Vitoria-Gasteiz City Council's selective process, after the High Court of Justice of the Basque Country upheld the municipal decision to exclude him.

Initially, a court in Vitoria had ruled in favor of Aimar, allowing him to provisionally continue in the process. However, the Vitoria-Gasteiz City Council appealed this decision, and now the TSJPV has sided with the Council, endorsing his exclusion from a Public Employment Offer (OPE) reserved for individuals with intellectual disabilities.
The core of the dispute was whether these positions should be open to anyone with a disability related to mental functions, or if they could be limited, as the City Council argued, to those specifically recognized with an intellectual disability. The Vitoria court opted for a broader interpretation, but the High Court has now supported the municipal reading.
As a result of this ruling, Aimar will have to leave the selective process, and his provisional continuation has been annulled. This means the position will be assigned to another candidate who meets the specific disability type required by the call. This case has opened a profound debate on how the Administration interprets access to public employment for people with ASD.
The only remaining avenue is an appeal to the Supreme Court. In the meantime, the TSJPV's ruling mandates Aimar's exit from the process.

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