682.18 MP U.A.I.z.ei.s.p. against D.Z. Z. for discrimination based on nationality in the field of public information

The Opinion was brought in the process with regard to the complaint of the Association „А.а.I.z. e. and s.p.“ filed against D. z. „Z.“ in relation to the article published on official internet page of this institution, which among other things said: “As the aggravating circumstance we can say that the work is being carried out in an extremely urban surrounding (А. t. no. 7 in centre Z.), as well as in traditionally rural area (so-called D. S.), with special emphasis that a great number of Gypsies populate O. Z., who are successfully incorporated in a core of Z. Municipality.“ Inter alia, the complaint says that emphasizing of the fact that the large representation of Gypsy national minority which populates O. Z. and their exclusion according to ethnicity in relation to other citizens represents an aggravating circumstance in operating of mentioned health institution, represents violation of the proclaimed principle of equality from the Law on Prohibition of Discrimination, and that the allegations from the article stigmatize one particularly vulnerable and marginalized group of our society, which compared to the general population, already has difficult access to the health care services. The response of D. z. „Z.“ inter alia states that the accentuated quote in the text dates in 2009 and that it originated during „DILS“ project on a national level in “The Decade of Protection of Gypsies 2005-2015.“, and that the purpose of this article was quite the opposite to the way it had been interpreted in the complaint. Besides that, it was stated in the response that D. z. „Z.“, after the receipt of the request of the Commissioner to respond to the claim, has removed the article in question has been removed from its internet presentation. During the analysis of the disputable article, it was determined that the purpose of this article was that the citizens who visit internet presentation of this health centre, inform themselves about the history and way of work of D. z. „Z.“, and with the difficulties which this health centre faces in its work. As the aggravating circumstance it was stated that the work is being carried out in an extremely urban surrounding (А. t. no. 7 in centre Z.), as well as in traditionally rural area (so-called D. S.), “with special emphasis that a great number of Gypsies populates О. Z, who are successfully incorporated in a core of Z. Municipality.“ The analysis has shown that these allegations send a message to all visitors of the internet page that a special difficulty in work of the health centre represents a fact that on the territory of Z.The municipality, on which this health centre provides services of primay health protection, lives a large number of members of the Gypsy national minority, which was particularly pointed out by using of the syntagm „with a special emphasis on“. Therefore, it can be concluded from this that the fact that a large number of the Gypsies use services of D. z. „Z.“, represents a special difficulty in work to this health institution, which sends a message that provision of health care services to the Gypsies differs from the provision of services to the major population. Beside this, reading of such content may cause feelings of isolation and humiliation with Gypsy population, because it was suggested that their presence on a particular area may complicate work of a health institution, same as the fact that the health centre provides its services on a large territory. Considering all the above mentioned, the Commissioner for Protection of Equality has given its opinion that the messages from the article published on the internet page of D. z. „Z.“, in the section “About us”, violated provisions of Article 12 of the Law on Prohibition of Discrimination. Since D. z. „Z.“ removed the content in question from its internet presentation prior to the rendering of this opinion, D. z. was recommended for future reference not to publish a content which violates provisions of the Law on Prohibition of Discrimination.

 

COMMISSIONER FOR THE PROTECTION OF EQUALITY

 

Brankica Janković
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