OPINION

The opinion was issued in the proceedings regarding the complaint filed by T. D. from B, on behalf of her minor daughter L. P, against Elementary School “M” N. B, principal V. J, teacher N. D, pedagogue A. S. and psychologist J. V. In the complaint, it was stated, among other things, that L. P. is a child with numerous health problems, that her psycho-physical and socio-emotional maturity is below average and that she was exposed to peer violence. The complainant believes that the principal, the teacher, and the psychological-pedagogical team failed to take the necessary measures when L. P. was exposed to violence for the first time. In the statements, it was specified that individualization was carried out with L. P. to adapt her to the school environment, that all reports of peer violence were dealt with, that measures of increased educational work were undertaken within the class community, and that individual conversations with students were carried out. It was further stated that the Team for the Protection of Students from Violence, Abuse, and Neglect and the Team for Enhanced Educational Work met, that a Plan for Enhanced Educational Work was adopted and that the pedagogical profile for L. P. was not created because she follows the educational process without significant difficulties and that “the plan of individualization measures and the way of their implementation are proposed only at the end of the first grade for the second grade”. The subject of analysis, in this case, is limited to determining the existence of discrimination against student L. P. and violations of the provisions of the Law on Prohibition of Discrimination, while possible violations of some other rights, including the existence of peer violence and possible omissions in the educational and disciplinary proceedings, are not within the competence of the Commissioner, but of the Ministry of Education, Science and Technological Development, through professional supervision and the supervision of the educational inspection, which is why the Commissioner will address these authorities to take measures prescribed by law. In the course of the procedure, it was determined that together with the statements, evidence was submitted that corroborated the allegations about the measures and activities undertaken, as well as that, based on the established factual situation, in this particular case, there is no causal relationship between peer conflicts between L. P. and other students in the class and the state of health or any other personal characteristic of L. P. Furthermore, it was not established that the school or its employees made omissions in their actions that could place L. P. in an unequal position based on her health condition. On the other hand, it was established that the school does not have a Program for the prevention of discrimination and discriminatory behavior and insulting the reputation, honor, or dignity of a person in compliance with the Rulebook on the behavior of the institution in case of suspected or established discriminatory behavior and insulting the reputation, honor or dignity of a person. In this regard, the Commissioner for the Protection of Equality gave the opinion that in the procedure conducted based on the complaint of T. D. from Belgrade against Elementary School “M.” N. B, principal V. J, teacher N. D, pedagogue A. S. and psychologist J. V, it was not established that L. P. was discriminated based on health status. However, the Commissioner for the Protection of Equality, following the prescribed authority from Article 33, Item 9 of the Law on Prohibition of Discrimination, recommended to Elementary School “M.” N. B. to adopt a Program for the prevention of discrimination and discriminatory behavior and insulting the reputation, honor or dignity of a person in compliance with the Rulebook on the behavior of the institution in case of suspected or established discriminatory behavior and insulting the reputation, honor or dignity of a person, as well as that, in this school year, plans and undertakes measures and activities to encourage and preserve basic values such as friendship, humanity and solidarity, mutual respect and tolerance, in order to create a safe environment, develop non-violent behavior and establish zero tolerance towards violence.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković