Inclusivity Lawsuit
Inclusivity Lawsuit — is a legal claim filed in court demanding the removal of discriminatory barriers and ensuring equal access to facilities, services, or opportunities for persons with disabilities and other groups with limited mobility.
This concept covers situations where institutions, developers, or infrastructure owners fail to comply with inclusivity requirements established by the current legislation of Ukraine.
Legislative Framework
Claims regarding violations of inclusivity principles are based on the following key legal acts:
-
Law of Ukraine “On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine”
→ Article 26: ensuring unobstructed access to social infrastructure facilities. -
Law of Ukraine “On Construction Norms”
→ Requires mandatory compliance with DBN V.2.2-40:2018 “Accessibility of Buildings and Facilities”. -
Law of Ukraine “On Prevention and Counteraction to Discrimination in Ukraine”
-
Civil Code of Ukraine
→ Provides the possibility to file a lawsuit to eliminate obstacles in the use of property or services.
Typical Grounds for a Claim
An inclusivity lawsuit may be filed in cases of:
-
Absence of ramps, elevators, or lifts in public buildings (shopping centers, administrative offices, educational institutions).
-
Violations of DBN standards on door width, corridors, ramp slopes.
-
Failure to provide inclusive services in public institutions, banks, hospitals, etc.
-
Lack of duplication of audio or visual information for people with hearing or vision impairments.
-
Discriminatory actions of an employer who failed to adapt the workplace.
Who Can File a Claim?
-
A person with a disability whose right to unobstructed access has been violated.
-
A legal representative of a minor or incapacitated person.
-
Authorized public organizations.
-
The Commissioner of the Verkhovna Rada of Ukraine for Human Rights (Ombudsman).
What Should a Claim Include?
-
Description of the violation (with references to specific facilities, facts of discrimination).
-
Reference to legal norms.
-
Evidence (photos, inspection reports, expert conclusions, refusals from authorities, etc.).
-
Demands to the defendant — eliminate barriers, bring the facility into compliance with DBN, compensate moral damages, etc.
Court Practice
Ukrainian courts have already developed certain positive practices regarding claims for violation of inclusivity principles. Most often, courts oblige defendants to:
-
Install ramps, elevators, tactile strips.
-
Carry out reconstruction taking into account the needs of persons with disabilities.
-
Provide compensation for moral damages caused by discrimination.
Common Mistakes When Preparing a Claim
-
Lack of proper evidence of violation (reports, photos, videos required).
-
Incorrect formulation of demands (too general or unrealistic).
-
Failure to take DBN technical standards into account.
-
Filing against the wrong defendant (e.g., tenant instead of building owner).
How to Avoid Inclusivity Disputes?
For developers, shopping mall owners, condominium associations, and local authorities it is important to consider the requirements of DBN V.2.2-40:2018 already at the design or reconstruction stage. In particular:
-
Inclusive restrooms.
-
Accessible entrances and emergency exits.
-
Tactile navigation, information boards.
-
Parking spaces for persons with disabilities.
Related Services from GlobalBud Ukraine
-
Infrastructure audit for compliance with DBN
→ Technical audit of facilities -
Designing inclusive solutions
→ Design services -
Legal support in inclusivity disputes
→ Legal consultations
Contact GlobalBud Ukraine
The company GlobalBud Ukraine has experience in implementing projects in compliance with all inclusivity requirements. Our specialists — engineers and lawyers — will help:
-
Assess the risks of non-compliance with DBN.
-
Prepare or challenge a claim.
-
Provide full court representation.
We work with both legal entities and individuals, including international companies. Reliability. Competence. Results.
