Complaints Procedure

The Commissioner shall deliver the complaint to the alleged discriminator within 15 days. The alleged discriminator has 15 days to give his or her statement on the allegations from the complaint, although the Commissioner will carry on with the procedure even without such statement. The Commissioner has the legal deadline of 90 days to give her decision upon a complaint. In order to establish the facts, the Commissioner may take statements from other persons (e.g. witnesses).

The Commissioner may suggest the reconciliation procedure, if the legal conditions to do so are met.

The Commissioner gives her opinion about whether the act of discrimination did occur or not. If the Commissioner concludes that the act of discrimination did occur, her opinion will include a recommendation on the manners to rectify the violation of rights.

If the discriminator fails to act in line with the recommendation received (and the discriminator is obliged to inform the Commissioner about the measures undertaken in line with the recommendation), the Commissioner shall issue a warning, and give him or her a new deadline. However, if the discriminator does not act upon the warning, the Commissioner shall notify the public that the discriminator has failed to meet the recommendation and the warning, and that he or she failed to rectify the violation of rights.

The Commissioner is not authorized to punish the discriminators if they fail to meet the recommendations, but she can convince them to do so by the authority of the institution she represents, by the strength of her arguments, and by the use of public pressure.


PDF Informacije o nacinu postupanja Poverenika lat Преузми


Print Friendly, PDF & Email
Facebook
Google+
http://ravnopravnost.gov.rs/en/discrimination/complaints-procedure/">
back to top