OPINION

The opinion was issued in the proceedings regarding the complaint filed against EE by attorneys AA, BB, VV, and GG, on behalf and with the consent of DD. In the complaint, it was stated, among other things, that on the social network … EE made numerous sexist and offensive comments with which he discriminated against the complainant based on her personal characteristic – gender. Evidence was submitted in support of the allegations of the complaint. Considering that EE did not make a statement on the allegations in the complaint until the end of the procedure, following the rule on the redistribution of the burden of proof prescribed by Article 45 of the Law on Prohibition of Discrimination, the Commissioner considered only the allegations of the complaint and the evidence submitted with the complaint when deciding on this case. After the proceedings and presented evidence, it was established that most of the posts that are the subject of analysis begin by disparagingly addressing the complainant as “plumpy girl” and “fatso”, as well as insultingly commenting on her physical appearance: “Fat-ass DD…”, “Listen, you fattened turkey…”, “And you are much prettier and incomparably thinner on… than in person…”, “And plumpy girl DD… next time feel free to contact me. Fck, I’m sorry, but so donut-shaped in person you don’t even look like yourself from … and …”, as well as “Plumpy girl DD… Well, how come that out of so many men you come across a maniac attracted to fuller women with special needs?!” Also, on April 3, 2020, in one of his posts on the social network…, EE wrote the following: “Speaking of journalism lessons, the great FF once described GG: She is like the Military Medical Academy, having wide columns and large entrances”. I don’t know why, but this quote strangely reminds me of our beloved DD @…”. According to the Recommendation of the Council of Europe on preventing and combating sexism CM/REC (2019), of which the Republic of Serbia is a full member, sexism is defined as any act, gesture, visual representation, spoken or written words, practice or behavior based on the idea that a person or a group of persons is inferior because of their sex, which appears in the public or private sphere, whether online or offline, with the aim or purpose of, among other things, violating their dignity and establishing and maintaining a system of gender stereotypes. Based on the Law on Prohibition of Discrimination provisions, the Commissioner points out that the mentioned statements are offensive and humiliating. Taking into account all of the above, the Commissioner issued the opinion that the statements and comments by EE addressed to DD in the period from April 1 to April 24, 2020, through the social network …, violated the provisions of Article 12, in relation to Article 20, paragraph 2 of the Law on Prohibition of Discrimination. Therefore, EE was recommended to issue a written apology regarding the offensive, discriminatory and sexist statements to the complainant, and to take care, in the future, not to make statements that insult the dignity of women and support gender stereotypes, as well as not to violate legal regulations on the prohibition of discrimination within the scope of his regular jobs and activities.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković