No. 07-00-524/2017-02  Date: 8 June 2018

OPINION

The opinion was made in the procedure regarding the complaint filed by the Association “H.c.K” on behalf of people with disabilities, against the P.H.C.C. “N.B.” because of the inaccessibility of the facilities of the P.H.C.C. “N.B.” at 30, M.T. Street, and 53, N. Street. The complaint stated that the facility of the P.H.C.C. “N.B.” at 30, M.T. Street is not accessible to people with disabilities because of architectural barriers that prevent people with disabilities from entering the facility concerned. The supplement to the complaint stated that the ramps installed to the facility at 53, N. Street, at the main entrance, are inaccessible, as well as the ramps at the entrances to the P.H.C.C. Dental Care Service, because they are out of standard, steep, often slippery and without handrails. It was clarified that an appropriate ramp was installed at the entrance to the Physical Medicine and Rehabilitation Service, but that it leads to the basement of the facility, so people with disabilities must use a lift which is locked and unlocked, and the key is with nurses and, as stated, is not always available. In the declaration made by the P.H.C.C. “N.B.” it was stated that all facilities of the P.H.C.C. are accessible to people with disabilities, including those located at 30, M.T. Street, and 53, N. Street; in other words, every facility of the P.H.C.C. has ramps installed. In the supplement to the declaration it was stated that the facility in M.T. Street has two ramps, one located at the main entrance to the building, and the other at the entrance to the Dental Care Service, the ramps being made of concrete and with metal handrails. It was also stated that in the facility located at 53, N. Street, a ramp has been constructed at the entrance to the Physical Medicine and Rehabilitation Service, in compliance with the standards prescribed by the Rulebook on Technical Accessibility Standards and that a wheelchair user can take a lift, which is used without the key and clearly marked by signposts, at the Physical Medicine and Rehabilitation Service, to reach all the floors of the facility in N. Street. In the course of the procedure the staff of the Commissioner’s Professional Service carried out an inspection and found that at the entrances to both facilities (general and dental care services) there are ramps installed for people with disabilities which are operational, that there are lifts connecting all segments of the facility, that there are toilets for people with disabilities, and that certain ramps are not accessible to all people with disabilities. Given the above, as well as the evidence accompanying the declaration, in the procedure conducted upon the complaint filed by the A.H.C.K. of B., it was not established that the P.H.C.C. “N.B.” violated the provisions of the Law on the Prohibition of Discrimination and the Law on the Prevention of Discrimination against People with Disabilities. However, having in mind the importance of full accessibility, the Commissioner has, in accordance with the prescribed competence referred to in Article 33, item 9, of the Law on the Prohibition of Discrimination, which stipulates that the Commissioner shall recommend measures to public administration bodies and other persons aimed at ensuring equality, recommended measures to the P.H.C.C. “N.B.” in terms of meeting with representatives of the A.H.C.K. for the purpose of improving the existing accessibility standards, and to take concrete measures afterwards in that respect.