Paralympian sues Belgian rail for no train access by wheelchair

Belgian Paralympic boccia player Francis Rombouts has filed a lawsuit against the public railroad company NMBS/SNCB because he cannot take the train in his hometown of Tielen. The case, dragging on for years, was heard yesterday at the Brussels Court of Appeal.

And to make it even more painful, Rombouts could not enter the courtroom because it is not adapted for wheelchair users.

NMBS/SNCB maintains the need for resources itself

Rombouts lives in Tielen but works one day a week in Turnhout and has to train in Ghent weekly. The platforms of the Tielen train station are accessible to wheelchair users, but because it is an unmanned station, there is no assistance.

Because of the difference in height between the platforms and the trains, which, depending on the type of train, is 8 to 21 centimeters, a ramp is needed, and consequently, Rombouts cannot get on the train in his electric wheelchair.

Trained personnel

According to European regulations, in unmanned stations such as Thielen, the NMBS/SNCB must provide reasonable assistance if trained personnel are on board the train to do so and if such assistance is requested at least 24 hours in advance.

Moreover, according to Unia, an independent public institution that fights discrimination and promotes equal opportunities, the NMBS/SNCB perpetuated this need for aid by ordering trains in 2015 and 2020 whose height differs from the platforms: “In other words, for a wheelchair user, these trains are not accessible from any platform in Belgium without assistance. Since a train set lasts about 30 years on average, it will take at least until 2050 before wheelchair users can take those trains without assistance.”

One-third of stations are accessible

“Accessibility is a top priority for NMBS/SNCB,” said the railroad company’s lawyer. “By 2032, 176 train stations will be autonomously accessible to wheelchair users, and work is underway to install ramps in current railcars. But for the height or accessibility of the platforms, NMBS/SNCB is not responsible; that is Infrabel.”

Still, according to the lawyer, the NMBS/SNCB serves some 550 stations in Belgium and makes all reasonable efforts to ensure accessibility. Still, it cannot provide a guarantee based on a personal case.

It thereby ensures a geographical distribution of stations that are accessible to wheelchair users and considers that there are sufficient alternatives for Rombouts to get around, such as the (flex)buses of De Lijn. However, the Mechelen court last year found the Flemish public transport company guilty of structural discrimination against people with disabilities.

Oh irony

A ruling is due March 17th at the latest. The Rombout case received an initial verdict in 2017 but has not been heard on appeal until now. To make matters worse, the courtroom where the trial took place was also not accessible to a wheelchair user. Eventually, the case was moved to another room.

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