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 visited the insurance company in New Belgrade, with the aim of learning about the conditions for concluding health travel insurance. After she stated the reason for her arrival, the employee informed her that she is an elderly lady and that their company “insures passengers up to the age of 85”. In the statement of the insurance company, it was specified, among other things, that according to the insurance conditions of the insurance company, cases of insurance are covered for persons up to the age of 85, and that there was no unjustified discrimination in relation to persons younger than her, but that in this way, in accordance with the regulations of the Law on Obligations, a legitimate assessment of the risk of the insured case was carried out, as a future uncertain event, which is independent of the will of the contractor, and according to that assessment, the acceptability of risk for this service was determined. 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 85 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 to people over 85 years of age during travel and stay abroad, under any conditions, which indicates that there is no proportionality between such a restrictive limit and the goal that was sought to be achieved. Years of life, by themselves, do not mean that the insured risk will necessarily occur, which is why an individual risk assessment is necessary. The Commissioner for the Protection of Equality issued an opinion that by prescribing an age limit of 85 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