New twist as far as opinions are concerned. The Supreme Court has established that applicants who use intraocular lenses should be allowed access to the Civil Guard in a ruling in which it is fundamental that their exclusion is not considered reasonable when those who, for example, wear prescription glasses can enter these bodies.
The resolution upholds the appeal of an opponent of the Civil Guard, represented by the lawyer Antonio Suárez-Valdés, who already got the high court to issue a sentence last year along the same lines in which it established that the military with intraocular lenses can be promoted and that their use should not be a generic reason for exclusion in promotion processes.
A sentence the same as that of access to the National Police
This same year the Supreme Court already issued a sentence in the same sense regarding the National Police and now annuls such exclusion also for applicants to join the Civil Guard. The Supreme Court maintains that the exclusion imposed in general by the Ministry of the Interior that prevents access to the National Police and the Civil Guard with intraocular lenses does not respond to technical or proportionality criteria.
The Supreme Court upholds the appeal of said opponent against the sentence handed down by the Superior Court of Justice of Madrid, which obtained the resolution that declared him unfit for admission to educational training centers for incorporation into the ranks of corporals and guards of the armed institute. The court annuls the section that prohibits admitting applicants with intraocular lenses of the order that regulates the selection processes for admission to said centers.
An exclusion that has no medical basis
It argues that in application of the principle of proportionality, it is not possible to eliminate the applicant who has implanted intraocular lenses only based on the automatic application of that cause, but rather the circumstances in each case must be reasoned. The Supreme Court recalls that in the sentence it handed down regarding the National Police it already indicated that “it is very significant that the United States military units do not exclude those who wear these lenses.”
And he concluded that in his opinion “there is currently no solid medical reason why those who have these lenses implanted are in significantly worse conditions than other people for the development of activities typical of members of the National Police.”