no. 07-00-488/2023-02 date: 22 December 2023.

OPINION

This opinion was issued regarding the complaint of the association … against A.A. from Š, due to discrimination based on gender identity and sexual orientation. The complaint stated that A.A. published a video on social networks in which he commented on the text from the History textbook for the 8th grade of elementary school regarding the lesson on the LGBT+ movement. A.A. specified in his statement, among other things, that the publication of this video is his right to publicly express his opinion, that in the video he pointed to the actions of a part of the LGBT lobby that are “purely propaganda and represent abuse for the purpose of obtaining material benefits”, that he did not speak about the entire LGBT population, and that he had no intention of belittling or discriminating against them. The Commissioner conducted a procedure in which the allegations from the complaint and the statement, as well as the text in question, were analyzed, and the messages the text conveyed. The comments that were left regarding the video were also analyzed, as well as the fact that A.A. did not remove comments containing negative statements about members of the LGBT+ population. The Commissioner points out that when acting in this case the importance of freedom of opinion and expression was taken into account, as well as the prescribed limits of freedom of speech and the practice of the European Court of Human Rights in similar cases. The Commissioner was particularly mindful that the right to freedom of speech must not serve as an excuse for violating the rights of others and discrimination. After analyzing the statement and the message it sends, it is undeniable that a humiliating and insulting, even hostile environment was created for members of the LGBT+ population. After the procedure, the Commissioner issued the opinion that by the views expressed in the video recording posted on his profile on the social network Facebook, as well as by failing to remove the posted comments, A.A. violated Article 12 of the Law on Prohibition of Discrimination. The Commissioner recommended A.A. to remove the disputed video from the social networks and meet with the complainant, i.e. representatives of the civil society organization that deals with the protection of the rights of LBGT+ persons, in order to become more familiar with the problems and challenges faced by members of the LGBT+ population, as well as to refrain in the future from acts and statements that represent discrimination of persons on the basis of any personal characteristic.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković