Disability certificates: the commission throws the carer out. There are explanations

• The committee decides on the degree of disability. Polish regulations do not specify the right to the presence of a guardian
• The disability assessment application forms provide options for arriving at the adjudicating panel meeting "with assistance", which suggests the possibility of having a companion present
• The UN Convention on the Rights of Persons with Disabilities, ratified by Poland in 2012, includes in Article 3 the issue of respect for the autonomy of the person, including the freedom to make choices and their independence

As Infor writes, the issue of the presence of a guardian or representative of a disabled person during meetings of the commissions assessing the degree of disability or determining the level of need for support is a common problem and a source of legal uncertainty:

• on the one hand, the formal summons to the committee indicates the disabled person by name, which could suggest that only he or she should be present,
• on the other hand, the disability assessment application forms provide options for unassisted arrival, arrival with assistance or inability to arrive unassisted, which clearly indicates the possibility of a companion being present during the examination.

Current national regulations, including the regulation of the Minister of Family and Social Policy of 23 November 2023 on determining the level of support need (Journal of Laws 2023, item 2581), do not regulate this issue unambiguously . This lack of clarity leads to situations in which accompanying persons are asked to leave despite the objection of the disabled person .

In the international context, disabled people often refer to the Convention on the Rights of Persons with Disabilities , adopted by the UN General Assembly in 2006. Poland signed the convention in 2007 and ratified it on 6 September 2012, which means that it is part of the Polish legal order.

The key to this discussion is Article 3 of the Convention, which lists among its general principles respect for inherent dignity, personal autonomy, including freedom to make choices, and respect for the independence of the person. This provision concerns the prohibition of interference in the life of a disabled person in the scope of:

• treatment,
• rehabilitation,
• place of residence,
• education,
• employment.

The question therefore arises - writes Infor - whether asking a guardian to leave violates this principle of self-determination and independence of a disabled person.

The situation is legally fluid, although in the case of medical services there is a clearer position. For example, the Patient Rights Ombudsman has ruled that a patient has the right to request the presence of a family member during a medical examination , except for specific situations, such as operations for aseptic reasons.

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