no. 07-00-539/2023-02 date: 12.3.2024.

OPINION

The opinion was issued in the proceedings regarding the complaint filed by AA on behalf of the child, student L.J., against Elementary School “BB“, S. B., due to discrimination based on nationality. In the complaint and the supplements to the complaint, it is stated that on October 31, 2023, in the computer science class, student A.T. made a “meme” with a photo and the text: “I am L.J., a gypsy, look at me”, which insulted and humiliated L.J. because he is the only Roma student in the class.  It was further stated that L.J.’s father was at the school twice after the event from the computer science class and that the first time he personally initiated a meeting with the class headmaster, as well as that on February 8, 2024, they received an invitation from the school to a meeting, to which they went. Also, it was stated that the child did not receive any support and protection from discrimination but that the school employees, primarily the class headmaster, constantly presented and collected data about the violation of the rules of conduct by the student L.J., and thus a measure of enhanced educational work was introduced for him due to “incorrect transmission of information to parents about the event in the computer science class”. The consequence of this behavior, the school’s inaction, was that the student L.J., immediately after the beginning of the second semester of the 2023/24 school year, left the elementary school “BB”, S. B. and enrolled in another school. In her statement on the complaint, the school director stated, among other things, that she learned about the event from the computer science class on October 31, 2023, from the class headmaster, who believes that there was a misunderstanding among the students due to an inappropriate joke, which the class headmaster resolved following the regulations. It was stated that a measure of increased educational work was introduced for student A.T.’s because he made an inappropriate joke about the Roma, and the same measure was introduced for the student L.J., who presented several untrue information to his parents. Also, it was stated that the student L.J. often missed classes, that after the first few classes he complained of various pains, that he had a large number of unregulated absences, and that he finished the first semester of the school year 2023/24 with the overall assessment good, which does not correspond to his real potential. During the procedure, it was determined that on October 31, 2024, in Elementary School “BB” S. B., in the computer science class, the 5th-grade student A.T. created a “meme” that contained a picture/photo and text that was offensive to members of the Roma national minority and that offended his classmate, student L.J. who is of Roma nationality. In this regard, the Commissioner pointed out the measures and activities prescribed by the Rulebook on the behavior of the institution in case of suspected or established discriminatory behavior and insult to the reputation, honor, or dignity of a person, which prescribe preventive and intervention measures that the institution is obliged to undertake. Elementary school “BB” S. B., i.e., the Team for protection against discrimination, abuse, and neglect, was obliged to undertake a series of measures and activities due to the violation of the principle of prohibition of discrimination committed by the student, in compliance with the Law on the Basics of the Education and Training System and the Rulebook mentioned above, among which are: assessment of the level of discrimination, an educational and disciplinary procedure, a protection plan against discrimination, notification of the Ministry/competent school administration within 24 hours, etc., which they failed to do in this particular case. After the proceedings, the Commissioner determined that the school did not undertake activities and measures regarding the event on October 31, 2023, which is why the opinion was issued that the Elementary School “BB” S. B. violated the provisions of the Law on Prohibition of Discrimination. Along with the opinion, a recommendation was given to the Elementary School “BB” S. B. to send a written apology to student L.J. because it failed to take the necessary measures due to the discriminatory treatment at the school towards the student L.J., organize training for all school employees on the topic of prohibition of discrimination and protection against discrimination, and take care in the future that within the scope of its regular work and activities, does not violate legal regulations on the prohibition of discrimination.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković