no. 07-00-589/2023-02 date: 17.6.2024.

OPINION

The opinion was issued in the proceedings regarding the complaint submitted by AA on behalf of his mother, BB, due to discrimination based on disability. In the complaint, it was stated that the facility of Elektrodistribucija Srbije d.o.o. Belgrade, which is used by the branch in Barajevo, is inaccessible to people with disabilities, as well as that people with disabilities and people with difficulty moving are forced to use steep stairs, which are unsafe. The complaint also stated that BB, the complainant’s mother, emphasized to the employee who received the documentation at Elektrodistribucija that she has Multiple Sclerosis and that at the moment when she received the decision to switch to three-phase electricity, she was told that the connection would be made immediately after the payment was made, but that she was not connected after the payment was made. In the statement and supplement to the statement of Elektrodistribucija Srbije, among other things, it was stated that the connection for BB was realized according to the request in question. It was further clarified that Eletroprivreda Srbije a.d. Belgrade owns the business premises in Barajevo and that Elektrodistribucija d.o.o. Belgrade is the user of the facility, as well as that the facility is currently not accessible to people with disabilities and people with difficulty moving, that the facility has a main entrance with a staircase, without an access ramp, and that next to the main entrance, there is an entrance to the facility for vehicles that is also not suitable for people with disabilities and people with difficulty moving. It was also stated that, in order to find a common solution Elektrodistribucija Srbije d.o.o., Belgrade contacted Elektroprivreda Srbije a.d. Belgrade, as the owner of the facility in public use, as well as that on the occasion of the aforementioned Elektrodistribucija Srbije d.o.o. Belgrade and Elektroprivreda Srbije a.d. Belgrade commit themselves to install an access ramp in accordance with technical standards in the forthcoming period. By examining all the evidence, it can be concluded that the mother of the complainant BB was connected to three-phase electricity according to the request in question. Elektrodistribucija did not dispute the allegations in the complaint that the facility used by the Branch in Barajevo is inaccessible to people with disabilities and people with difficulty moving. It is commendable that immediately after the Commissioner pointed this out, Elektrodistribucija Srbije undertook certain activities to solve the problem and ensure the accessibility of the Branch in Barajevo. Bearing in mind the responsibility of the owner, i.e. the user of the facility in public use, which includes the Elektrodistribucija branch, the Commissioner for the Protection of Equality issued the opinion that by not ensuring the accessibility of the facility used by the Branch in Barajevo, the provisions of Articles 6, 17 and 26 of the Law on Prohibition of Discrimination were violated , in connection with the provisions of Articles 13 and 16 of the Law on Prevention of Discrimination of Persons with Disabilities. The Commissioner recommended Elektrodistribucija Srbije d.o.o. Belgrade to continue undertaking activities and ensure the accessibility of the Branch facility in Barajevo to persons with disabilities as well as persons with difficulty moving, 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