No. 07-00-417/2024-02 date: 8. 11. 2024.

OPINION

The opinion was issued in the proceedings regarding the complaint filed by A.A. on behalf of her minor son, V.V., who uses a wheelchair for moving, against B.B., the building community manager elected from among the tenants, for discrimination based on health status and disability. The complaint stated that B.B. refused, in her capacity as manager, to sign the consent form for the construction of a wheelchair-accessible ramp at the entrance of the building where the complainant and her son reside. In her response, B.B. stated that on October 10, 2023, while serving as the building community manager, she submitted a request to the public company “City Housing” Belgrade for the installation of a ramp for people with disabilities, based on the consent of the residents for its installation. She also stated that “City Housing” provided two proposed designs for the ramp. The response was accompanied by the decisions from two meetings of the Tenants’ Assembly (held on March 15 and April 4, 2024), which indicated that the residents did not agree with either of the proposed designs—one was unanimously rejected, while the other failed to receive the required majority vote. During the proceedings, it was established that B.B. proved she did not have the authority to sign the consent form for the ramp’s installation according to the proposed designs by the public company, as the required majority of the owners of individual residential units (two-thirds of the apartment owners in the building) had not approved it, in accordance with the law. The Commissioner issued an opinion that, in the proceedings following A.A.’s complaint on behalf of her minor son V.V. for discrimination based on disability and health status, it was determined that B.B. did not violate the provisions of the Law on the Prohibition of Discrimination. Considering the importance of having an accessible entrance to the building for minor V.V. and his family in this particular case, the Commissioner will issue a recommendation for measures to promote equality to the building community at the address …, …, urging them to take all necessary actions to ensure that the entrance to this building is accessible to all individuals with mobility difficulties, including persons with disabilities, children, and the elderly.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković