"You have told us that it is a little more difficult for you than for the rest of the boys and girls to pay attention in class, to study, to obey your mom and dad, to listen to your brother, not to get angry, suddenly, without knowing why." This is how the particular vote issued by the magistrate Gloria Poyatos begins in a ruling by the Social Chamber of the Superior Court of Justice of the Canary Islands (TSJC), which recognized the degree of disability of a ten-year-old child diagnosed with Asperger's syndrome.
The magistrate disagreed with the majority opinion of the Chamber, which understood that judicial language should not be adapted "to make it understandable for its recipient," a ten-year-old child. Poyatos expressed in her particular vote an explanation of the sentence adapted to the minor: "The adaptation of language to judicial resolutions when they affect minors is not an option of the judge but an obligation."
"You have told us that [...] it is also difficult for you to follow, in general, the pace of activities at home, on the street or at school. We have studied your case and you are absolutely right, we are going to support you because now we understand why it is more difficult for you to do things," the magistrate emphasized.
Finally, she advised the minor "do not stop studying and doing the daily tasks of school, because it will help you to understand yourself better and thus you can share games, tasks, sports, excursions and other activities with your friends from school or outside of school."
The Court ratified the degree of disability of the minor
The minor's mother requested in 2021 the recognition of the degree of disability. The following year, a technical team ruled that the child had a 15% disability, while the following year the Department of Social Welfare did not recognize any.
His mother challenged the decision of the Department, relying on a psycho-pedagogical report from a private office that indicated that the minor showed "alarm signals" and could suffer from Autism Spectrum Disorder. These symptoms were verified by different clinical tests. Finally, after several medical consultations, the minor was diagnosed with Asperger's.
The Social Court number 4 of Las Palmas recognized the minor with 45% disability. However, the Department of Social Rights, Equality, Diversity and Youth of the Government of the Canary Islands appealed the ruling.
Finally, the Social Chamber of the TSJC has ratified the judgment of the Court of Arrecife and has condemned the public administration to pay costs, for a total of 800 euros.
