Juan Ramón Herraiz, 48 years old, prevents him from being a garbage dump, after approving his opposition, for his status as a person with diabetes.Behind this decision could be an alleged labor discrimination due to its medical condition by the municipal cleaning company of the Terrassa City Council.
Juan Ramón is a person with type 1 diabetes for 15 years.A couple of months ago, the tests were presented to obtain a public place in the municipal company of Terrassa Ecoequip Sociedad Anónima Municipal, in the province of Barcelona.
To these evidence there were more than 2000 people and Juan Ramón obtained the fifth place as can be seen in this provisional list that is published on the Internet for the same public company Link = 5518480E-4F9B-4BDF-AE06-B6B6882583BE & AMP; Groupid = 16
A few days later he was called to the relevant medical examination and his high glycosylated hemoglobin gave away his type 1 diabetes. The medical report signed by Dr. María Angeles Riba Gorina considered that Juan Ramón was not suitable for being cleaning pawn in the night service ofThe municipal Cleaning Company Ecoequip.In other words, I could not work in as a garbage dump because it has diabetes.
There is the curious circumstance that Juan Ramón was already working on that same cleaning service as a garbage dump a few months ago through the job bag.Moreover, for four months he was driving the garbage truck and no one denied him to do so for his status as a person with diabetes.In fact, Juan Ramón has shared with Channel Diabetes a letter of recommendation in which his good work is highlighted as a driver of a garbage truck of the Ecoequip company.
It is true that in the public tender bases it is explained that one of the requirements will not suffer a physical disease or limitation that prevents the normal exercise of its function.And that is where the debate arises.Is diabetes a limiting disease to be a garbage dump at night in Terrassa?
Juan Ramón's defense
In the last hours we have known that Addeisa (Association for Social Integration and Defense of the Rights of People with Diabetes) will put everything in his hand to attend to Juan Ramón, study if the inapture to perform the shift at night manifestedFor the mutual and corroborated by the company, it has a legal basis and, in case it does not have it, to raise what type of judicial actions can be initiated because there would be no reason not to admit in the workplace to which it opts, being able to enter theAttitude of the company in contradiction with the principle of equality and non -discrimination of article 14 of our Constitution, so it is studied to initiate a judicial protection procedure of fundamental rights.
Once again a person with diabetes is again discriminated against for their condition when opting for a position in a public company, in this case to the dump of the Terrasa City Council.
rights of people with diabetes
Currently, in Spain, exclusions in certain public access jobs to the administration for people with diabetes are established according to criteria that demonstrate the total ignorance of this disease.In addition, this fact is still produced in the access criteria, either at the local, autonomous or state level, as a consequence of the current regulations that continue to be governed by criteria not adapted to the current scientific reality.Juan Ramón's case is a clear example of this.
“Diabetes cannot be the cause of generic exclusion of a job, but the physical conditions of each applicant should be valued, in relation to the attitudes required for each position and, bySo much, not to be based on possible or potential problems that could occur in each job, ”said Fede Andoni Lorenzo president now just one year on one of his visits to the Congress of Deputies.
And, in his opinion, discriminate against a person for suffering from diabetes, "it would be the same as doing so by belonging to an ethnic minority"
It is necessary to remember that currently there is a non -law proposition, approved in Congress, which establishes that diabetes should not be the generic cause of exclusion in public employment.
And if we go to international legislation, non -discrimination is articulated as a basic principle of the Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948 and also defended by the International Labor Organization, among others.
If we jump to the national norm, discrimination is evidently prohibited in our article 14 of the Constitution.The Spaniards are the same before the law, without any discrimination against birth, race, sex, religion, opinion or any other personal or social condition or circumstance.
