Human Rights Defender Addresses Rights of People with Disabilities Denied Pensions

Complaints have been directed to the Human Rights Defender regarding individuals with disabilities or mobility difficulties who have been deprived of their pensions for extended periods due to their inability to visit banks annually in person for cashless payments.

There have been cases where a relative of a bedridden pensioner had to transport the pensioner by car to the bank’s premises to ensure that the bank's video camera could document the pensioner lying in the vehicle, which would allow the continuance of cashless pension payments.

This issue has a long-standing history, and legislative changes have not resolved it. Specifically, the annual reports and statements of the Human Rights Defender have documented that the mechanical suspension of pension payments due to the failure to appear at the bank once a year is contentious. This requirement causes significant difficulties in the lives of people with disabilities or mobility issues, including the elderly.

After numerous public protests, on March 4, 2020, the National Assembly passed an amendment to the law allowing exceptions to the requirement for personal attendance at the bank. It was enshrined that the bank could confirm the presence of a pensioner in the Republic of Armenia without them appearing in person.

Following the outbreak of the new coronavirus (COVID-19) pandemic, the RA Prime Minister's directive extended the deadline for pensioners (beneficiaries) to appear at the bank until September 2020. In September, the Government established that the bank could confirm a beneficiary's presence in Armenia without their personal attendance if it was confirmed through either: 1) a visit by a bank employee to the beneficiary's location in Armenia; or 2) using information technology means in accordance with its internal procedures (verifying the beneficiary’s presence in Armenia).

Studies and ongoing monitoring of complaints received by the Human Rights Defender indicate that, in practice, bank employees do not visit beneficiaries' locations, and not all banks have implemented or utilized information technology means. This means that the amendment has established a discretionary approach, allowing banks to decide if they “can” verify a beneficiary’s presence as a condition for accessing pension rights.

In other words, the obligation to ascertain whether the pensioner is in Armenia has been left to the discretion of the bank, which may or may not carry out this verification. As a result, banks have been entrusted with authority that affects the ability of individuals with disabilities, including the elderly, to receive pensions. However, since this authority is discretionary, it is not properly exercised, leading to violations of human rights.

Overall, the rights of persons with disabilities or mobility difficulties are sensitive in nature, and the state must ensure their rights through the maximal application of its positive obligations. Regarding this specific issue, it is evident that enshrining discretionary powers does not guarantee the protection of human rights, as they are not practically realized.

Moreover, this issue is systemic and also exists in other areas. Given that this specific case concerns people with disabilities or mobility difficulties who are already in vulnerable situations, the state must exercise its positive obligations in a way that enshrines the bank's direct obligations and eliminates any possibility of discretionary approaches.

Therefore, considering that the clear requirement for organizations providing pension payment services is legally assigned to the Ministry of Labor and Social Affairs, in order to fully resolve the issue, changes should be made to legal acts or establish a unified practice in accordance with the law. Thus, the implementation of the legal provisions has not been ensured for the past six months, resulting in ongoing violations of human rights.

The state must establish clear regulations to ensure the complete protection of individuals’ rights regarding pensions, eliminating any possibility or interpretation of selective approaches.

It appears that while concepts of human rights protection, including the elimination of discrimination against people with disabilities, the creation of equal opportunities, and ensuring respect for them have been solidified in various strategic documents over the years, the state’s responsibility for individuals and their specific issues, as well as respect for their specific rights, is not being ensured in practice.