OPINION

The opinion was issued in the procedure regarding the complaint lodged by B.V. of B. on behalf of her minor daughter N.V. against the Primary School “J.R.” in B. and its head teacher M.Ć. for discrimination of the minor girl N.V. on the grounds of her personal characteristic – disability. The complaint stated that the minor girl N.V. is a pupil of the fourth grade of the Primary School “J.R.” in B. and that she is a wheelchair user. The complainant also stated that the school has a ramp for people with disabilities, which is placed in an inadequate place, and one has to go around the entire schoolyard in order to reach an accessible entrance to the school. In addition, the door at the ramp entrance is always locked, which is why the pupil N.V. always has to wait, together with her personal assistant, for the school caretaker to unlock it. The complainant pointed out that she had asked the head teacher for another ramp to be constructed at the central entrance to the school. The head teacher declared that the Primary School “J.R.” in B. was built in 2010 and that the ramp for people with disabilities is located at the back entrance to the school, which can be reached passing through the asphalt- and concrete-paved schoolyard. It was further stated that with regard to N.V.’s mother’s request for the construction of the ramp for people with disabilities at the main entrance to the Primary School “J.R.” in B, the school undertook certain activities aimed at finding an adequate solution. These claims were supported by the letter sent by the Primary School “J.R.” in B. to the Secretariat for Education and Child Protection of the City of Belgrade, inquiring whether the school could adapt a part of the front entrance and construct the ramp. In the course of the procedure it was established that Đ.V, BSc in Architectural Engineering, the designer of the facility of the Primary School “J.R.” in B, responding to the request of the Secretariat stated that he did not give his consent to constructing another access ramp because there was no special justification for doing so, bearing in mind that the construction of the ramp would affect the capacity of the entrance, the function and architecture of the building, thus incurring costs that could not be reasonably justified. He also emphasised that the existing ramp was constructed in compliance with the accessibility standards, and that during its construction due care was taken of its convenient use in bad weather and of the vicinity of the lift. Also, during the procedure it was established that the education inspection of the City of Belgrade carried out extraordinary inspection in the Primary School “J.R.” in B, and that it was entered in the records that it was established that the head teacher took necessary measures and activities in order to further facilitate N.V.’s access to the school, and that further measures and activities are underway. Therefore, the Commissioner for the Protection of Equality issued the opinion that the Primary School “J.R.” in B. and its head teacher M.Ć. did not violate the provisions of the Law on the Prohibition of Discrimination.