no. 07-00-456/2023-02 date: 7.12.2023.

OPINION

The opinion was issued in the procedure regarding the complaint submitted by AA against the Elementary School “V. K.”, D., due to discrimination based on nationality. In the complaint, it was stated that on the social network Facebook, they saw a post by a parent who indicated that the child I.Š brought a knife to school to hurt Roma children. In the statement on the complaint, the school director described the event of September 4 and 5, 2023, when the students of the class reported to the assistant worker that a student of that class, I.Š., had a knife in his backpack. According to I.Š, he took the knife to possibly defend himself and to scare the 8th grade students with whom he got into a conflict the previous day (on the bus on the way home, the student repeated a line from the movie “What’s up nigga?”, which was not addressed to anyone in particular; student I.Š sat on the first floor of the bus, while students S.M and N.Dž, who felt called out, sat on the ground floor of the bus). When leaving the bus, I.Š was hit in the back of the head with an open fist, after which he burst into tears. In its statement on the complaint, the school stated the specific measures and activities it undertook regarding this event and submitted evidence. During the procedure, it was established that the school, basically the Team for Protection against Discrimination, Violence, Abuse, and Neglect, at the meeting on September 5, 2023, regarding the discriminatory behavior of student I. Š. first assessed the severity of the form of discrimination and proposed concrete measures, which were subsequently implemented, among which: increased educational work with the student I. Š, as well as the initiation of an educational and disciplinary procedure, and development of an individual plan for protection from discrimination for students I.Š, S.M, M.Z, N.Dž as well as for all students of their class. Also, a plan for the protection of student I.Š as a victim of physical violence (a blow with an open fist) was developed. Furthermore, cooperation with the Center for Social Work, the Police Station in D. and the Police Department in N. was established. In this regard, the Commissioner pointed out the measures and activities prescribed by the Rulebook on the behavior of the institution in case of suspected or established discriminatory behavior and insult to the reputation, honor, or dignity of a person, which prescribe preventive and intervention measures that the institution is obliged to undertake, and which were implemented in the specific case. When considering this case, the Commissioner also took into account the educational inspector’s findings, who performed an extraordinary inspection, followed by a control inspection, in which it was stated that the school carried out the ordered measures. After conducting the procedure, the Commissioner determined that the school had undertaken activities and measures regarding the events of September 4 and 5, 2023, which is why the opinion was issued that Elementary School “V. K.” Doljevac did not violate the Law on Prohibition of Discrimination provisions.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković