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Blind alone because of brain damage
The blind can also be blind without any interference with the eye or the optic nerve. Even if they can not properly process sensory impressions solely because of brain damage, the Landessozialgericht (LSG) of Lower Saxony-Bremen submitted a claim to registration of the mark "Bl" for "Blind" in the handicapped ID card on Monday, 18 December 2017, clear judgment (Ref .: L 13 SB 71/17). The Celle judges thus joined the jurisdiction of the Federal Social Court (BSG) in Kassel.
New ruling strengthens the rights of the blind. (Image: Peterchen / fotolia.com) In the specific case, a ten-year-old girl from the district of Leer had sued. The child is severely brain damaged because of a metabolic disorder. As a result, the girl can not process visual stimuli in the brain. The child does not react to optical stimuli and it usually keeps its eyes closed. When she opens her eyes, the ten-year-old turns her pupils upwards.
The State Office for Social Affairs, Youth and Family rejected the registration of the mark "Bl" in the severely handicapped ID card. The girl was not really blind, because there was no disturbance of the visual apparatus. Rather, only the brain can not sufficiently recognize and process visual sensory impressions.
However, this is also considered "blind", emphasized the LSG in its judgment of 22 November 2017. The court referred to a judgment of the SPA of 11 August 2015 (Ref .: B 9 BL 1/14 R, JurAgentur message from the day of the judgment). According to this, a specific visual disorder on the visual system is no longer a prerequisite for being recognized as "blind". According to BSG, it is crucial that the loss of vision has been determined. This could also brain damaged as "blind" apply, the visual stimuli can not handle.
Brain-damaged and "only" blind people would have to be treated equally under the Basic Law and the UN Convention on the Rights of Persons with Disabilities, the Celle judges also warned. fle / mwo