OPINION

The opinion was issued in the proceedings regarding the complaint of the AA and BB associations against the National Museum of GG, due to discrimination against persons with disabilities. In the complaint, among other things, it was asserted that people with disabilities who move with the help of wheelchairs are not provided with unimpeded access to the building where the museum exhibition of the National Museum of GG is located, that is, that the museum building can only be entered by means of of stairs, which represent a “permanent an insurmountable architectural obstacle” for museum visitors who move with the help of wheelchairs. The complaint also stated that the National Museum, of GG, as a public authority, is obliged to provide all disabled people who move with the help of wheelchairs unhindered access to the facility where the museum exhibits and the museum’s official premises are located. In the statement of the National Museum of GG, among other things, it was asserted that the museum “accepted its role in a society that is changing and opening up to marginalized social groups and people with disabilities”, and in accordance with that and wishing to bring the museum’s contents closer to all categories of population undertook appropriate activities. In the statement of the museum, it was specified, among other things, that as part of the second public call for project proposals within the IPA Program of cross-border cooperation Bulgaria – Serbia 2014-2020, the project “Heterotopia” was approved for the National Museum and the city, which planned the reconstruction of the staircase (entrance to the museum) and the installation of a ramp for people with disabilities, as well as that the museum “expects” that in 2019, as part of this project, the entrance will be remodeled, “which will create conditions for people with disabilities who move with the help of wheelchairs to visit the museum”. During the procedure, it was established that the National Museum of GG, as a legal entity that uses and manages a cultural property, did not ensure the accessibility of cultural property to persons with disabilities, which it was obliged to provide in accordance with Articles 6, 17, paragraph 2 and 26 of the Law on Prohibition of Discrimination, Articles 13 and 16 of the Law on Prevention of Discrimination of Persons with Disabilities, as well as Article 31 of the Law on Cultural Properties. After the procedure, and bearing in mind the fact that the National Museum of GG is a facility in public use, the Commissioner for the Protection of Equality gave an opinion that the National Museum of GG is not accessible for people with disabilities, which violated the provisions of Art. 6, 17 and 26 of the Law on Prohibition of Discrimination, and in connection with the provisions of Art. 13 and 16 of the Law on Prevention of Discrimination of Persons with Disabilities. Therefore, the National Museum of GG was given the recommendation to take measures to ensure the accessibility of the National Museum of GG to persons with disabilities, as well as not to violate anti-discrimination regulations in the future within the scope of performing tasks within its jurisdiction.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković