No.07-00-270/2015-02 Date: 10 September 2015
The opinion was issued in the procedure following complaint from I. J. which was filed by his mother, D. J. Č. on his behalf. The complaint states that I. J. has a developmental disorder, that he tried to obtain a medical certificate for enrollment in the secondary school for design “B. Š.” from Novi Sad, stream: graphic design technician. Dr. M. P., occupational medical specialist in the Health Center N. S. asked for further examinations and tests, before completing the medical examination and issuing certificate. In addition, a psychologist at the Occupational Health Care Service, after examining him, in a special section of the medical certificate, wrote: “He cannot attend secondary school in a regular school system. It is advisable for him to enroll in the school “M. P.” according to the programme envisaged for his capabilities, the best manipulative skills – pottery, weaving, etc.” The declaration made by Dr. O. N., Head of the Occupational Health Care Service, indicates that I. J. left the Health Center before performing all the examinations necessary to obtain a medical certificate, and therefore the medical certificate has not been issued yet, and that he should have performed all the examinations and attached the existing medical documents in order for the medical certification procedure to be completed. The declaration made by Dr. M. P. states her estimation that it was necessary for I.J. to be examined by a psychologist and a neuropsychiatrist in order for her to be able to issue him a medical certificate, and the declaration of psychologist Lj. M. states that, based on her access to his medical documents and psychological examination, she concluded that I. J. “would not be able to get involved in attending secondary school “B. Š”. During the procedure it was established that Dr. M. P. had refused to issue I. J. a medical certificate of his health status for enrollment in the secondary school until he performed examinations with psychologist and neuropsychiatrist. It was also established that psychologist Lj. M. in her findings stated that I.J. could not attend secondary school in a regular education system. The Commissioner for the Protection of Equality expressed the opinion that Health Center N. S, Occupational Health Care Service, Prevention Unit, Dr. M. P, occupational medical specialist and psychologist Lj. M. violated the provisions of the Law on the Prohibition of Discrimination, by setting special conditions for issuing a medical certificate, or by finding that indicates he cannot attend a regular secondary school. The Commissioner recommended HC N. S. to publish the opinion and recommendation of the Commissioner on the notice board or other visible place in the premises of the HC N. S. and to make a written apology to I. J. because of discriminatory treatment of him. Dr. M. P. was recommended, in the course of carrying out duties and tasks within her competence in future, not to set special conditions for the provision of health services based on the personal characteristics of patients and not justified by medical reasons, and psychologist Lj. M. was recommended not to bring in future findings and recommendations with discriminatory content unreasonably depriving or aggravating patients’ exercise of rights in any area of social life.
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PROTECTION OF EQUALITY