No. 07-00-479/2023-02 date: 9 February 2024.

OPINION

The opinion was issued in the proceedings regarding the complaint filed by A. A. on behalf of his minor children, B. B. and V. V., against the Institute for Health Care G.G. due to discrimination based on nationality, race, and skin color. The complaint stated that the complainant came to the Institute and handed over the admission documents at the reception desk, which indicated that the child needed a companion during the provision of “medical service of MRI of the endocrine system according to the protocol for epilepsy and MRA of the endocrine system” and that the nurse in the infirmary for regular admission in the Service for Admission and Care of Patients of the Polyclinic for Children’s Surgery behaved “impudently” towards the complainants. The complainant also stated that the Institute did not allow his 17-year-old daughter to attend as a companion to his son because he could not do so for health reasons. In the Institute’s statement, it was asserted that on September 22, 2023, a record MB 12441/23 was opened for the child at the Institute and that the child was taken from the infirmary to the Neurosurgery Department for regular admission, that the child was received by nurse Jasmina, who has been working old seniority at the Institute for 36 years and that there have never been any objections to her work in the past. The Institute’s statement also pointed out that the complainant’s insistence that the child be accompanied by “his 17-year-old sister is not in accordance with the law, and that a 17-year-old girl has the status of a child in the health care system and cannot be the legal representative of another child nor its companion”. Upon inspection of the Procedure for preparing a patient for magnetic resonance imaging and the questionnaire for magnetic resonance imaging, the Commissioner concluded that the procedure for magnetic resonance imaging of minor patients is performed in the presence of parents, guardians, or legal representatives, which means that the medical staff could not allow another person to attend the procedure, without the approval of a superior. On the other hand, during the proceedings, it was established that the medical service to the minor J.M. was not refused, but his legal representative refused to have the procedure performed without the presence of his sister, who would support him and reduce the trauma of performing this diagnostic procedure. In this regard, the Commissioner is of the opinion that it is necessary to show greater understanding when it comes to diagnostic procedures to which children are exposed and that cooperation with parents is obligatory and necessary. Parents and children are often afraid of possible outcomes, so staff sensitivity and kindness when working with children and their legal representatives are additionally important. After the conducted proceedings, the Commissioner established that the fact that in this particular case, the procedure of magnetic resonance imaging of the complainant’s minor son could not be attended by his minor sister was not causally related to her nationality. Also, the Commissioner further established that the diagnostic procedure for the minor J.V. was not missed because of his nationality but because of the inability of the medical staff and parents to agree on an adequate way of performing this intervention. The above does not mean that on this occasion, a violation of some other right was not possible, the consideration of which is not within the competence of this state body. The Commissioner issued the opinion that the Institute G.G. did not violate the provisions of the Law on Prohibition of Discrimination. However, the Commissioner concluded that there are no legal obstacles, when preparing for such a diagnostic examination and when the circumstances dictate, that a person designated by the parent or other legal representative, i.e., a trusted person, can contribute to reducing fear, stress level, and traumatization of the child. Therefore, based on Article 33, Item 9 of the Law on Prohibition of Discrimination, the Commissioner sent a recommendation of measures to the Institute G. G. for the realization of equality and protection against discrimination to consider improving the procedure for preparing a patient for magnetic resonance imaging. The Commissioner had in mind that the goal of the procedure is to prevent potential adverse events during magnetic resonance imaging and to establish good cooperation with the staff, as well as with the patient, i.e., parents/guardians/legal representatives.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković