Disability activist 'held hostage' in Germany by refusal of care funding for her emigration to Ireland
Evelyne Cynk wants to emigrate to Ireland and become a writer. However, she has been told that if she leaves Germany to live in Ireland, the state funding for the 24-hour care she currently receives will be withdrawn. She claims this is in contravention of her rights. Picture: Yelyzaveta Hubar
A disability activist and aspiring writer claims she is being “held hostage” by her German care company, who refuses to fund her emigration to Ireland.
Evelyne Cynk has recently been offered a place in UCC’s MA in Creative Writing, and a sixth-month internship with the literary magazine.
Her dream is to emigrate to Ireland and become a writer. However, she has been told that if she leaves Germany to live in Ireland, the state funding for the 24-hour care she currently receives will be withdrawn. She claims this is in contravention of her rights.
Ms Cynk currently receives 24-hour personal assistance through a state-funded German organisation, Landschaftsverband Westfalen-Lippe (LWL).
Ms Cynk intends to emigrate to Ireland, complete her Masters in UCC, and remain in Ireland as a permanent resident. After five years, she wants to apply to become an Irish citizen.
She has already secured a care company in Ireland, Home Care Direct (HCD), that can provide her with 24-hour care assistance in Ireland.
Ms Cynk requested that the funding of her care be transferred from the care provider currently employed by LWL, to HCD, to allow her to move and live in Ireland until she can gain Irish citizenship, and apply for state support here. She has highlighted that this would save the German state money, as HCD rates are cheaper than those currently being paid for her care in Germany.
However, her request has been refused by LWL, on the basis of a domestic law in Germany that dates back to 2001. It states that disability benefits are only provided to German citizens who are habitually resident in Germany.
“Because of my European rights, the European disability strategy, and the UNCRPD, they have no right to refuse me emigration. They have actually no right, despite the national law,” said Ms Cynk.
Under the Charter of EU Fundamental Rights, and the UN Convention on the Rights of Persons with Disabilities, Ms Cynk has the same rights as any other EU citizen to move and reside freely in any Member State.
The latest European Disability Strategy, adopted in March 2021, specifically states that “persons with disabilities should enjoy all rights on an equal basis with others, notably when moving to another Member State”.
Ms Cynk is the first citizen of Germany, and she believes Europe, to try and emigrate with 24-hour care requirements.
She believes that the reluctance to fund her move stems from the fact it’s never been done before.
Ms Cynk said that she now intends to mobilise Irish and German media, as well as find an attorney to represent her.
“I’m going to fight with every fibre of my being to still emigrate. I won't stop until I arrive in Ireland,” she said.
Senator and disability advocate Tom Clonan said that the decision to deny Ms Cynk funding is “unfair and cruel”.
“Evelyne is being denied her fundamental human rights to travel, and to education,” he said.
“For people with additional needs, the odds are stacked against them from the very outset. For Evelyne to even get to this point, it's such a tribute to her strength of character. She's exactly the type of person that we need in Ireland. The whole country should get behind her,” he added.
Mr Clonan suggested that an appeal could be made by UCC to the German ambassador, or by Minister for Higher Education Simon Harris to his German counterpart, to help Ms Cynk’s move to Ireland.
LWL was contacted for response but had not provided one at the time of writing.
In a statement, UCC said it was "aware" of the situation regarding Ms Cynk's hopes to study in Cork.
"Her application to study a Masters in Creative Writing here has been accepted, and we hope her studies will be facilitated. The Access UCC Disability Support team has been in contact with Ms Cynk and is committed to providing whatever support and assistance is available through the Fund for Students with Disabilities, in addition to exploring other funding options that may be available to assist her," a spokesperson said.
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