OPINION

The opinion was issued in the proceedings regarding the complaint of AA, submitted on behalf of BB, against VV from N. S, due to discrimination based on membership in an association/sports club. In the complaint, it was stated that BB is a member of the Serbian national team in calm water kayaking in the K1 200m, K1 500m and K2 500m disciplines, and that VV, while performing the function of selector of the Serbian Kayak Federation, discriminated against BB. According to the complaint, VV made it difficult or completely prevented BB from participating in certain competitions, only because she is not a member of the club in which he is a representative, and also removed her from all competitions in which GG, a competitor who is a member of the club in which VV is the representative, participated. In the statement of VV, it was specified that in 2017, in accordance with the criteria, several control races were held in which GG was better placed, that the criteria for participation in calm water kayaking competitions for the year 2019 were prescribed by the SKF Management Board, that the criteria for the year 2019 for acquiring the status of a representative of Serbia were prescribed on the basis of the national team’s work plan and program and were focused on the women’s K4-500m crew, as well as that BB fulfilled the prescribed criteria and participated in the World Cup in Duisburg and at the European championship U23. In the statement of the Serbian Kayak Federation, it was specified that the competitors BB and GG met the conditions for participation in the 2017 world championship, but that BB achieved better results in the single-seater sprint at the beginning of the season, that also, at the beginning of 2019, at the suggestion of the selectors , the Management Board adopted the prescribed criteria for joining the national selection in sprint for 2019, as well as that BB met the prescribed criteria and participated in the World Cup in Duisburg in 2019. In the course of the proceedings, it was established that the SKF prescribed the criteria for joining the senior selection of Serbia in kayak and canoe sprint for 2017, that both BB and GG met the criteria for participation in the World Cup, but that GG achieved the best result in the single-seater sprint, K1-200m, at the beginning of the season. In addition, it was established in the proceedings that, in 2017, GG was not a member/senior member of the Kayak Canoe Club Vojvodina, whose representative is VV. Also, it was established that at the meeting of the Management Board of SKF, on January 27, 2019, the criteria for participation in calm water kayaking competitions for 2019 were prescribed, as well as that GG achieved the best results in the K1 200m and K1 500m disciplines at the criteria competition – the Cup of Serbia. It was established that BB fulfilled the prescribed criteria and gained the status of a representative of Serbia, as well as that she participated in the World Cup II in Duisburg and in the European Championship for juniors and junior seniors in Račice. Also, the Serbian Kayak Federation announced the control for 2 participants in the K1 200m discipline: BB and GG. This document stipulated that the control would be scheduled for August 19, 2019, that one race will be rowed, and that the winner will be the representative of Serbia in the discipline K1 200m at the World Championship in Szeged. However, it was established that BB did not show up for the scheduled control, which is why she did not participate in the World Championship in Szeged. Based on the established factual situation in these proceedings, the Commissioner concluded that in this particular case there was no unjustified discrimination or unequal treatment of VV towards BB and other contestants, primarily in relation to contestant GG, on the basis of any personal characteristic of BB, including the personal characteristic stated in the complaint. Therefore, the Commissioner issued the opinion that, in the proceedings based on BB’s complaint, VV did not violate the provisions of the Law on Prohibition of Discrimination.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković