no. 07-00-526/2022-02 date: 28.7.2023.

OPINION

The opinion was issued in the proceedings regarding the complaint of AA, the vice-president of the Association, against the Republic Fund for Health Insurance, Branch for Jablanički district with headquarters in Leskovac, due to discrimination based on disability. In the complaint, it was stated that the facility of the Branch in Leskovac is inaccessible for people using wheelchairs because there are six steps at the main entrance, and there is no access ramp or handrail. The Commissioner requested that the RFHI make a statement on the allegations in the complaint. In the statement, it was specified that on the side of the building of the Branch in Leskovac, there is an elevator for people with disabilities and that in the extension on the same level the business premises of the Branch’s Department for Medical Commissions are found, as well as the clerk’s office and the counter hall where the work in the competence of the Branche’s Health Insurance Department is carried out. It was indicated that immediately after receiving the complaint, the Branch in Leskovac contacted the complainant and had a conversation with her, and, on that occasion, informed her about the aforementioned, as well as that the complainant submitted photos of the Branch where only the main entrance and one side of the building belonging to the street Moše Pijade can be seen, where due to the sidewalk and the close proximity of a very busy street, it was not feasible to install the mentioned elevator. As it was not possible to determine whether the object is accessible by looking at the photos, the Commissioner turned to the City Administration of the City of Leskovac, the Department for Inspection Affairs – Building Inspection, and asked them to inform this body whether the object is accessible, i.e., whether the platform complies with the Rulebook on the technical standards of planning, design, and construction of facilities, which ensure unhindered movement and access for people with disabilities, children and the elderly, as well as whether accessibility to the platform is ensured, signs are placed, i.e. notice boards that give directions to the platform. The Building Inspection informed the Commissioner that the Branch in Leskovac had started the construction of the approach, as well as that a vertical elevator lifting platform on the external staircase from the side of the building was installed, and a handrail on the staircase for people with difficulty moving. It was indicated that due to bad weather conditions, the works to ensure accessibility were suspended, namely track plateaus and installation of signs and notice boards. Considering everything that has been done, the Commissioner asked the complainant to state whether she still stands by the submitted complaint, that is, whether she agrees that the consequences of the act that was the subject of the complaint have been eliminated. Bearing in mind that following the Law on Prohibition of Discrimination, the complainant did not give her consent within the legally prescribed time limit that the consequences were removed, the Commissioner continued the proceedings and asked the RFHI to supplement the statement. In the addendum, it was stated that the competent contractor has been contacted, who will start the implementation as soon as possible, as well as that work will continue on the construction of track plateaus and the installation of signs and notice boards, which will regulate the unhindered movement and entrance of people with disabilities in the office premises of the Branch. The Commissioner commends the efforts of RFHI, the Branch for Jablanački district with headquarters in Leskovac, to make the facility accessible to disabled people who use wheelchairs for movement. However, bearing in mind that at the time of the complaint, the mentioned facility was not accessible to disabled people who use wheelchairs for movement or move with difficulty, as well as that no evidence was submitted to the Commissioner that the accessibility of this facility was fully ensured, the opinion was given that in this particular case, there was a violation of the provisions of Articles 6, 17 and 26 of the Law on Prohibition of Discrimination, in connection with the provisions of Article 13 and 16 of the Law on Prevention of Discrimination of Persons with Disabilities. The Commissioner recommended RFZO, Branch for Jablanački district with headquarters in Leskovac, to take all necessary measures and activities to complete the started works in order to ensure accessibility of the facility to people with disabilities who use wheelchairs for movement, that is, to ensure the accessibility of the facility used by this Branch.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković