No. 07-00-620/2023-02 date: 11.3.2024.
OPINION
The opinion was issued in the proceedings regarding the complaint filed by Foundation A. A. against dental office B. B. due to discrimination based on health status. The Association informed the Commissioner for the Protection of Equality of its intention to conduct, in accordance with Art. 46, paragraph 4 of the Law on Prohibition of Discrimination, situational testing of “potential discrimination against persons living with HIV in the field of health care provision” in order to directly check whether employees in medical institutions comply with the rules on prohibition of discrimination when providing their services. It was pointed out in the complaint that it is voluntary discrimination examiner (tester) on November 22, 2023, at 1:47 p.m., called dental office B. B. and informed the person who answered the call that she has a problem with her wisdom tooth, that it hurts for several days and that she needs a dental examination, in order to determine whether the tooth needs to be extracted. She states that “the employee informed her that she could come for the examination the next day and that the price of the examination is 2,000 dinars, after which the tester left her data and made an appointment for November 23, 2023, at 5:30 p.m. The tester then pointed out that she was a person living with HIV, after which the office employee stated, “We don’t have a surgeon, you should go to the clinic, there are top doctors there, so that we don’t walk you around”. The statement specified, among other things, that the dentist instructed the tester to contact the Dental Clinic when she found out that the tester was a person living with HIV and that it was not a question of discrimination because people who are HIV+ are generally immunocompromised and that interventions such as extraction of a wisdom tooth is a case for treatment at the clinic”, and that for this reason she was referred further, as well as that in accordance with the personnel and professional capabilities of B. B., they were unable to provide an adequate level of dental care to HIV-positive patients. The Commissioner issued the opinion that the dental office B. B. refused to provide dental services to a person living with HIV, thereby violating the provisions of Article 6 in connection with Article 27 of the Law on Prohibition of Discrimination. Dental office B. B. was recommended to ensure the provision of health services to people living with HIV in the future and to act in accordance with anti-discrimination regulations within the scope of performing tasks within its jurisdiction.
COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković
