No. 07-00-359/2015-02  Date: 19 October, 2015

OPINION

The opinion was issued in the procedure following complaint from I.D. from B due to the decision of the selection board of the pre-school institution “Dr. S. M.” from Belgrade and the second instance decision of the Secretariat for Education and Children`s Welfare of the Sector for Inspection Supervision of the City Administration of the City of Belgrade not to recognize her the status of a regular student because she was 37 years old. During the procedure, it was established that the position of the selection board and the decision of the Secretariat for Education and Children`s Welfare of the Sector for Inspection Supervision of the City Administration of the City of Belgrade were that I. D. could not be recognized the status of a regular student because she was 37 years old and did not exercise the privileges prescribed for students under the age of 26. Analysis of conditions for determining priorities for enrollment of children in pre-school institutions prescribed by the Rulebook on detailed requirements for determining priorities for enrollment of children in pre-school institutions has shown that the status of a regular student is not conditioned by some additional criteria, such as the age of one parent. The Commissioner for the Protection of Equality expressed the opinion that by adopting the decision of the selection board of the pre-school institution “Dr. S. M.” from B. and the Secretariat for Education and Children`s Welfare of the Sector for Inspection Supervision of the City Administration of the City of Belgrade, not to recognize I.D. a status of a regular student because of her age when enrolling her child in the pre-school institution, the pre-school institution “Dr. S. M.” from B. and the Secretariat for Education and Children`s Welfare of the Sector for Inspection Supervision of the City Administration of the City of Belgrade violated the provisions of the Law on the Prohibition of Discrimination. For this reason they were recommended to take all necessary measures in order to eliminate the consequences of discriminatory treatment of I.D., to make a written apology to her because of discriminatory treatment based on her age and in future not to violate the provisions of the Law on the Prohibition of Discrimination in the course of carrying out activities within their competence.