نقش انجمن ها در حمايت حقوقي از معلولان با نگاهي به قضيه پروش

The Role of NGOs in Legal Protection of Persons with Disability: With Special Reference to the Case of Nicola Perruche

Neither intervention nor the impact of the NGOs in political, social, legal and cultural fields of the developed societies can be denied. NGOs active in supporting persons with disability are not exception to this. Such NGOs may offer their support by playing an active role in the legislative process, as well judiciary proceedings. The case of Nicola Perruche- a child born with disability- is one of the most controversial cases which led to the decision of "Cour de Cassation, Assemblee Pleniere" of France, as well as a French piece of legislation. "Cour de Cassation, Assemblee Pleniere" considered him to be entitled to compensation. The decision has not been welcomed by the related NGOs, and, consequently, the French legislator consulted the NGOs to pass a piece of legislation offsetting decision of the "Cour de Cassation, Assemblee Pleniereʹs" decision. Unhappy with elimination of the doctorsʹ civil liability and transferring it to the social bodies by that law, once again NGOs lobbied for amendment of the law, the result of which was the enactment of 2005 law. Careful examination of the case and subsequent legal events would offer valuable lessons to the Iranian judiciary bodies, the legislator, as well as the Iranian NGOs active in the field.