OPINION

The Opinion has been issued in the proceedings upon the complaint filed by Aniko Žiroš Jankelić from Senta against Municipal Assembly of Senta. The complaint states that the Municipal Assembly of Senta has elected the Mayor, Deputy Mayor and members of the Municipal Council, as well as that the composition of the executive authority bodies does not include a single female person. In the statement given by the President of the Municipal Assembly of Senta it is said that the Law on Gender Equality does not explicitly order that the principle of gender equality should be implemented in the executive authority bodies of the municipality, which is on the other hand implemented in the composition of Municipal Assembly of Senta. In the course of the proceedings, it has been established that the provisions of Article 37, item 2 of the Law on Gender Equality stipulate that gender equality is to be ensured when running for election to all functions and appointment to public authorities, financial and other institutions. Municipal Assembly of Senta did not prove that in the selection of members of the municipal executive authorities (Mayor, Deputy Mayor and member of the Municipal Council) respected the principle of gender equality and enabled the candidates of both genders to participate in the election of holders of executive power. The Commissioner for Protection of Equality has issued the opinion that in the procedure of selection of Mayor, Deputy Mayor and members of the Municipal Council, the Municipal Assembly of Senta committed discrimination against women on gender basis, thus violating provisions of the Law on Gender Equality and the Law on Prohibition of Discrimination. The Municipal Assembly of Senta has been recommended to eliminate the consequences of discriminatory practice in the selection of members of the executive municipal authorities and to provide gender equality and exercising of equal possibilities, to promote gender equality within its jurisdiction and tasks related to gender equality, as well as to take care in future not to violate the anti-discrimination rules when performing duties from its purview.

Commissioner for the Protection of Equality

Brankica Janković

Complaint filed by A.Ž.J. against Municipal Assembly of Senta for discrimination on grounds of gender in proceeding of public authority