No. 07-00-471/2022-02  date: 18. 11. 2024.

OPINION

The opinion was issued in the procedure regarding the complaint of A.A. against the CSW …, due to discrimination against her son B.B. based on genetic characteristics, disability, and health condition. The complaint stated that the boy B.B. is a recipient of an allowance for assistance and care from another person, attends a preparatory preschool program, suffers from a rare syndrome with associated diagnoses, one of which is a chromosomal disorder, and that the intersectoral commission’s opinion recommended the support of a personal companion. It was further stated that the CSW … rejected the request for the personal companion service because the child B.B. is not a recipient of the increased allowance for assistance and care from another person. In the response from the director of CSW …, it was stated that the decision was made based on the Rulebook on Determining Criteria for Selecting Users of the Personal Assistance Service and the Child Personal Companion Service and that, upon reviewing the case files, it was determined that the child B.B. is not a recipient of the increased allowance for assistance and care from another person and that, in accordance with applicable regulations, does not meet the conditions for exercising the right to the personal companion service. During the procedure, it was established that the Decision on Social Protection Rights in the Territory of the City of Niš prescribes that a personal companion is available to a child with a disability or developmental difficulties who needs support to meet basic needs in daily life in the areas of mobility, personal hygiene maintenance, eating, dressing, and communication with others, provided that the child is enrolled in an educational institution or school, until the completion of regular schooling, including the completion of secondary school. It was further determined that the Rulebook on Determining Criteria for Selecting Users of the Personal Assistance Service and the Child Personal Companion Service, adopted by the City Council of Niš, prescribes that the child personal companion service is granted based on basic criteria: the intersectoral commission’s opinion stating that the child needs a personal companion; that the child is under 18 years old or until the completion of regular schooling; and that the child regularly attends classes in an educational institution. This Rulebook further prescribes that one of the special criteria granting priority for the service is receiving the increased allowance for assistance and care from another person. From all the above, it was determined that receiving the increased allowance for assistance and care from another person is not a mandatory criterion for exercising the right to a personal companion service, as stated in the CSW …. decision, and that B.B. has the intersectoral commission’s opinion on the need for a personal companion service, regularly attends the preparatory preschool program, and therefore has the right to the personal companion service in accordance with the Law on Social Protection, the Decision on Social Protection Rights in the Territory of the City of Niš, and the Rulebook on Determining Criteria for Selecting Users of the Personal Assistance Service and the Child Personal Companion Service. By adopting the Decision on Social Protection Rights in the Territory of the City of Niš, the City of Niš committed to providing the personal companion service to a child who needs support, which in this specific case was unequivocally established by the intersectoral commission’s opinion. The personal companion service is intended for children with disabilities and developmental difficulties who require this support to more easily meet their basic life needs, and in this sense, an approach that implies any selectivity in enabling this service would be incorrect. Considering all the findings, the Commissioner issued the opinion that the CSW … placed the minor B.B. in a disadvantageous position based on genetic characteristics, disability, and health condition by failing to provide him with the personal companion service in accordance with the law, thereby violating the provisions of Article 6 of the Law on the Prohibition of Discrimination. The Commissioner recommended that the CSW … eliminate the consequences of the discriminatory actions against the minor B.B. by immediately taking all necessary measures and activities within its competence to provide him with the personal companion service in accordance with regulations, as well as to adhere to anti-discrimination laws in its future activities. 

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković