OPINION

The opinion was issued in the proceedings regarding the complaint filed by the Association of Citizens AA, against the insurance company B. B.., due to discrimination of persons based on age, in the field of providing travel health insurance services. Association of citizens A. A. informed the Commissioner for the Protection of Equality of the intention to conduct situational testing of “potential discrimination against persons based on age, in the field of providing travel health insurance services by insurance agencies”. A volunteer discrimination surveyor called B. B. insurance by phone in order to find out about the conditions of travel health insurance, and the employee told her that they do not provide travel insurance service to people who are over 83 years of age. In the statement of the insurance company, it was specified, among other things, that during the preparation of the Conditions for the insurance of persons during travel and stay abroad, the assessment of the professional services of the insurance company was that the population over 83 years of age represents a high risk for which there is no possibility of determining the appropriate price – insurance premium, which would enable long-term business in this type of insurance and timely fulfillment of assumed obligations for all other policyholders. Further, that in assessing the risks, the company assessed that the risk of death is extremely high for persons over 83 years of age. The Commissioner pointed out that it is indisputable that the insurance company B. B., like all other insurance companies, is authorized to determine the conditions of insurance by which it regulates its operations, but that all acts of insurance companies must be harmonized with the Constitution and legal regulations, both those in the field of insurance activities and other regulations of the Republic of Serbia, including regulations prohibiting discrimination. The Commissioner for the Protection of Equality stated that according to Article 6 of the Law on Prohibition of Discrimination, direct discrimination occurs when an individual or a group of persons are placed in a disadvantageous position due to their personal characteristics compared to an individual or a group in the same or similar situation who do not have that personal property. In the specific case, it is obvious that people over 83 years of age, who want to be insured during travel and stay abroad by the insurance company B. B. are prevented from doing so since this insurance company does not provide insurance services for people over 83 years of age during travel and stay abroad. The Commissioner for the Protection of Equality issued an opinion that by prescribing an age limit of 83 years of age as a condition for the provision of insurance services during travel and stay abroad, the insurance company B. B., violated the provisions of Art. 6, Art. 17 para. 1. and Art. 23 of the Law on Prohibition of Discrimination.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković