Homosexuality is not a mental illness: The driver's license remained valid under the court decision
On April 4, 2018, the Administrative Court of Armenia, presided over by Judge Liana Hakobyan, made a fair judgment on the administrative case in favor of the “New Generation” Humanitarian NGO beneficiary X.X.
“New Generation” Humanitarian NGO beneficiary X.X was dismissed from compulsory military service because of being homosexual in 2011, but as in all other cases, this time also the reason for the release of conscription was on the basis of mental illness.
Beneficiary X.X acquired a driver's license in 2013 legally. Having been informed that his driving license lost force on 08.08.2016, X.X applied to RA Police asking for the provision of a relevant act adopted, in response thereto the respondent said: “In response to the application received on XX.XX.XXXX, I declare that you are involved in the 2010-2012 list of mentally disabled people as mentally ill, sent by the Military Commissariat of RA to Traffic Police”.
Taking into account the Article 29, paragraph 1, Sub-paragraph b of the RA Law on road safety, MG XXXXXX driving license issued under your name is considered invalid (force lost).
The plaintiff X.X applied to the court. His spokesperson noted that the registration of the X.X driver's license in the RA Police Electronic Registry by the Armenian Police has not been legitimate, it violates X.X's right to respect for private life and non-discrimination. In this situation, discrimination has been manifested both by law and by the executor of law.
The administrative body was obliged to take into account the legal provisions of the RA Constitution and international acts, prohibiting discrimination and not applying the legal norm that is in force by the fact of contradiction.
Basing on the above-mentioned, the administrative court has decided:
To consider invalid the record of Police of RA “Road Police” Service in Electronic Registry of Police of RA about declaring the plaintiff's X driver's Number MG license invalid and also to consider invalid Number X writing of “Road Police” of the Police of RA service chief E. Karapetyan.