07-00-479/2021-02 date: 29. 11. 2021.

OPINION

The opinion was issued regarding the complaint of the association AA against BB, regarding the statements he gave as a guest on the show of a TV with national coverage on May 1, 2021. The complainant alleges that BB discriminated against LGBT persons on the basis of their sexual orientation while speaking on this show. Until the end of this procedure, BB did not submit a statement on the allegations in the complaint, although he received the request for a statement. In the procedure, it was determined that BB, in the show on a TV with national coverage, on May 1, 2021, among other things, stated: “Natural is only what leads to the birth of children. Homosexuality is a deviation of sexual behavior, a disorder of sexual behavior, and thus we must call it an illness. If we were all homosexuals, that would be the end of humanity, then who would give birth to children. Natural sexual relations lead to the preservation of the nation, humanity, and unnatural ones are opposed to that. I am against any intolerance, I have never investigated who in our party is a homosexual and who is not, but if someone publicly exposed himself and advocated that way of life, he would not be able to perform some important party functions”. The Commissioner for the Protection of Equality emphasizes that every individual has the right to express their opinion and personal views, which is the basis of any free democratic society. However, the right to freedom of speech is not unlimited, but as prescribed by Article 46 of the Constitution of the Republic of Serbia, it can be limited by law, especially if it is, among other things, necessary to protect the rights and reputation of others. In this regard, the application of Article 12 of the Law on Prohibition of Discrimination is important, which prohibits harassment and degrading treatment that aims at or violates the dignity of a person or group of persons on the basis of their personal characteristics, especially if it creates hostile, degrading, humiliating, and offensive environment. The Commissioner pointed out that the views and statements made by BB in the show on a TV with national coverage on May 1, 2021, places LGBT persons in the context of abnormality and illness. The Commissioner pointed out that it is indisputable that BB has the right to express his views and opinions, but not in a way that insults dignity and creates a hostile, humiliating and insulting environment for a group of people based on their personal characteristics. In addition, the Commissioner pointed out that such attitudes and opinions encourage discrimination and stigmatization of members of the LGBT population and a sense of isolation from the majority population among them only because their sexual orientation is different from heterosexual. The Commissioner also pointed out that in 1990, the World Health Organization revised the International Classification of Diseases and Related Health Problems (ICD-10) and removed homosexuality from the list of diseases. After the procedure, the Commissioner gave the opinion that the views and statements made by BB in the show on a TV with national coverage on May 1, 2021, when he spoke about LGBT persons, violated the provisions of Article 12 of the Law on Prohibition of Discrimination. BB was recommended to publish a public apology to all LGBT people for these statements, as well as to refrain from acts and statements that discriminate against persons on the basis of any personal characteristics in the future.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković