no. 07-00-522/2023-02 date: 8 March 2024.

OPINION

The opinion was issued in the proceedings regarding the complaint of A.A. on behalf of and with the consent of B.B.’s mother from Belgrade against the public company C.C. due to discrimination based on disability. In the complaint, it was stated that the mother was diagnosed with Multiple Sclerosis and that she often visits the bathing area because it is good for her due to the disease. The complaint further stated that the access path leading to the walking path of C.C., located near the bus stop 2218 “Reni bunar”, is unsuitable for people with disabilities and the elderly. As stated in the complaint, the complainant repeatedly addressed the public company with the request to build a staircase or descent with a handrail on the path, as has already been done in several places on the Makiš side. In the statement of the public company, among other things, it was stated that on both sides of the Sava Lake, there are several access paths and stairs specialized for people with disabilities, which enable these people to access walking paths, beaches, sports fields, specialized toilets for people with disabilities as well as the Sava lake itself. Photographs were also submitted as an attachment to the statement. To properly and thoroughly establish the factual situation, the Commissioner requested the director of the public company to supplement the statement on the circumstances of the statement. In the supplement to the statement, it was stated that C.C. can be reached via the Sava dam as well as the dam between the Sava Lake and the Sediment Lake, that is, it is stated that these two accesses are the only official accesses for citizens for which C.C. can guarantee correctness, security, and accessibility. It was clarified that in addition to the official access paths, there are also “wild” constructed paths and staircases, as is the case with the stairs near the “Reni bunar” stop, located in the water zone where it is forbidden to disturb the dam. In addition to the statement, it was pointed out that there are two bus stops near the Sava dam from both directions, that a total of 24 city transport lines run, as well as that there are six bus stops on the Makiš side of the Sava Lake, from both access directions. During the procedure, it was established that the access to C.C., as well as the very entrance to the area of ​​C.C. is accessible for people with disabilities, that is, next to the staircase, there is a concrete path that connects the bus stop and the entrance ramp. By analyzing the internet presentation of C.C., it was established that during the swimming season, a tourist bus runs on a circular route around the Sava Lake, with stops along the way (18 stops), and that the departure interval from the starting station is every half hour in the period from 10:00 a.m. to 7:30 p.m. The Commissioner concludes that visitors can easily reach any point in the C.C. bathing area. Taking into account the facts and legal regulations, applying the rule on shifting the burden of proof from Article 45 of the Law on Prohibition of Discrimination, the Commissioner states that the public company C.C. proved that in the bathing area, there are several access paths and staircases adapted to persons with disabilities and persons with difficulty moving, which enable these persons to access the Sava Lake, beaches, sports fields, and adapted toilets for persons with disabilities. Therefore, the Commissioner for the Protection of Equality issued the opinion that the public company C.C. did not violate the provisions of the Law on Prohibition of Discrimination and the Law on Prevention of Discrimination of Persons with Disabilities.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković