OPINION

The opinion was issued in the proceedings regarding the complaint submitted by N.o.o.s.i.s, on behalf of and with the consent of I. J, against the company “V.” doo B, due to discrimination of I. J. based on disability. The complaint stated that on April 15, 2019, I. J. had a flight to Tirana with …, and that the boarding service was provided to her in an unsafe and humiliating way – by carrying her into the plane up narrow, steep stairs on a narrow chair (cabin trolley) on which the safety belt did not work. It was further stated that the first reason for filing the complaint is that the airport does not have an ambulift. In the statement of the company “V.” doo B. it was stated that they understand the unpleasant situation in which I. J. found herself when boarding the ATR plane on the flight to Tirana, which was caused by a failure of the buckle on the cabin trolley. It was stated that they have the adequate equipment needed for the smooth entry of disabled persons into the aircraft and that the cabin trolley that I. J. used belong to the company. It was further stated that the method of entering the plane is determined by the technical characteristics of the plane itself, which is owned by the airline company. In this specific case, entry into the ATR aircraft is not possible via the air bridge but only by stairs, which are an integral part of the aircraft equipment in the case of the specific type of ATR aircraft and, thus, were used during the boarding of I. J. into the aircraft. During the proceedings, it was established that it was indisputable between the parties that on April 15, 2019, during the boarding of I. J. into the plane, the buckle on the cabin trolley was faulty. The Commissioner for the Protection of Equality issued the opinion that the company “V.” doo B, by failing to provide, on April 15, 2019, a functioning and safe cabin trolley for boarding the passenger I. J, a person with disability, into the ATR type plane, violated the provisions of Articles 6 and 26 of the Law on Prohibition of Discrimination, in connection with the provisions of Article 27 of the Law on Prevention of Discrimination of Persons with Disabilities. Therefore, the company “V.” doo B was recommended to provide proper airport equipment to be used for boarding passengers with difficulty moving and persons with disabilities in airplanes that, due to the type of airplane, cannot be entered via the air bridge; to send, through N.o.o.s.i.s, a written apology to I. J. due to the event that took place on April 15, 2019, while boarding the plane on the route … – Tirana, as well as to consider the possibility of acquiring an ambulift as part of the airport equipment.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković