Facua denounces ING for discriminating against people with more than 33% disability

• Consumption Consumers warn Garzón: his client protection law will not stop the record of complaints or prevent abuses in the financial sector

Facua Córdoba

has denounced

for alleged

treatment

by rejecting the contracting of its Mortgage Life Insurance product if the user exceeds 33% disability.

The complaint has been presented to the Ministry of Equality, Social Policies and Conciliation and the General Directorate of Consumption of the Junta de Andalucía and the Prosecutor's Office, as specified on Tuesday by Facua-Consumidores en Acción in a statement in which it criticized the discriminatory treatment that

who wish to take out the Mortgage Life Insurance policy, linked to a mortgage loan, with the entity

are being dispensed

.

In this sense, he stressed that article 8 of the Informative Note and General Insurance Conditions indicates that the interested party, at the time of contracting the policy, must meet, among other conditions, that of not having a Permanent Disability granted or pending. Absolute or some disability greater than 33%, for which the consumer organization regretted that ING Direct came to

.

Facua understands that, with this limitation, it would be incurring in the violation of

opportunities, non-discrimination and universal accessibility, regulated in

, of November 29, which approves the Consolidated Text of the General Law on the rights of people with disabilities and their social inclusion.

This regulation includes in its article 1 the right to "equal opportunities and treatment, as well as the real and effective exercise of rights" by people with disabilities "under equal conditions" with respect to other citizens, through of the "promotion of personal autonomy, universal accessibility, access to employment, inclusion in the community and independent life and the eradication of all forms of discrimination."

DIRECT AND INDIRECT DISCRIMINATION

In his opinion, the facts denounced are grounds for "direct and indirect" discrimination against people with disabilities, established in article 2 of Royal Legislative Decree 1/2013 and, in this regard, he added that, in addition, article 29.1 of the law "makes clear"

, "avoiding discrimination, direct or indirect, on the grounds of or on the grounds of disability."

Along with this, Law 13/2003, of December 17, on the Defense and Protection of Consumers and Users of Andalusia, in its article 71, classifies as an offense to act in a discriminatory manner against consumers or groups of them "

.

In parallel, Facua pointed out that Law 50/1980, on the Insurance Contract, states "flatly" that

.

Specifically, it prohibits the denial of access to contracting, the establishment of contracting procedures different from those normally used by the insurer or the imposition of more onerous conditions, for reasons of disability, "unless they are based on justified causes, proportionate and reasonable, that are previously and objectively documented ", as also ratified by Law 34/2003, of November 4, modifying and adapting to the community regulations of the private insurance legislation.

Facua also made reference to the Instrument of Ratification of the Convention on the Rights of Persons with Disabilities, made in New York on December 13, 2006, which recognizes that these persons have the right to "enjoy the highest possible level of health. without discrimination on the grounds of disability ".

In this sense, it undertakes to prohibit discrimination against persons with disabilities in the provision of health and life insurance "when these are permitted in national legislation" as well as to "ensure that such insurance is provided fairly and reasonable".

According to the criteria of The Trust Project

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