no. 07-00-623/2023-02 date: 11.3.2024.

OPINION

The opinion was issued in the proceedings regarding the complaint filed by Foundation A. A. against Independent polyclinics B. B. due to discrimination based on health status. The Association informed the Commissioner for the Protection of Equality of its intention to conduct, in accordance with Article 46, paragraph 4 of the Law on the Prohibition of Discrimination, a situational testing of “potential discrimination against persons living with HIV, in the field of health care provision”, in order to independently check whether employees in medical institutions follow the rules on prohibition of discrimination when providing their services. In the complaint, it was stated that the tester called polyclinic B.B by phone and asked for an appointment for a gastroscopy with anesthesia, and that an employee at the polyclinic made an appointment for him and that after he informed the employee that he is a person with HIV+ status, he received a response from the employee that “I have to check with the doctor, maybe you are not for here”. It was further stated that immediately after that, the employee informed him “that the intervention cannot be performed at their premises, because it is an increased risk for them, that they do not have the conditions for it”. In the polyclinic’s statement, it was specified that the respondent expresses sincere regret for the misunderstanding and inadequate answer that the volunteer examiner received, and that the answer was given because within the Clinic for Infectious Diseases at the Clinical Center of Vojvodina, as well as the Clinic for Infectious and Tropical Diseases at the University Clinical Center of Serbia, there are departments for gastroenterology with endoscopy. During the procedure, it was established that employee at the polyclinic B. B., in a telephone conversation with the tester, initially scheduled a gastroscopy with anesthesia, but when she found out that the tester was a person living with HIV, she informed the tester that she “must check with the doctor”, and after that she called the tester and informed her that “the intervention cannot be performed with them, because there is an increased risk and they don’t have the conditions”. The Commissioner issued the opinion that the independent polyclinic B. B., by refusing to schedule an examination after the tester informed them of her HIV status, violated the provisions of Article 6 in connection with Article 27 of the Law on Prohibition of Discrimination. The polyclinic was recommended to ensure the provision of health services to people living with HIV in the future and to act in accordance with anti-discrimination regulations within the scope of its duties.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković