no. 07-00-546/2022-02 date: 25.8.2023.

OPINION

The opinion was issued in the proceedings regarding the complaint filed by A.A. against B.B. The complaint stated that she is a person with a disability who uses a wheelchair for movement and made a couple of unsuccessful attempts to go to the cinema, specifically to the B.B. small theatre, but that she was unable to watch movies. The complaint also stated that the Great theatre of B.B. is accessible but film screenings are usually not held there (mostly concerts, due to the size of the theatre). In the statement, B.B. stated that by the renovation works of B.B, the former V.V, and the current B.B. it became fully adapted for people with disabilities, as well as that by the construction of ramps at the entrance to B.B., as well as an elevator leading to the first floor the dimensions of which are adjusted, access to the toilet was enabled, which is also adapted and available. It was also stated that access and movement to all areas of B.B is enabled, as well as that each of the six cinema halls is accessible to people with disabilities, whose seats are provided in the last or first row, following the floor plan of the theatre itself, in compliance with the projects approved by the competent institutions in the reconstruction process of B.B. No evidence was submitted with the statement. The Commissioner first notes that the subject of the complaint is the accessibility of the small theaters of B.B. Therefore, in that sense, the Commissioner did not consider the allegations from the statement that the entrance to the building, the Great theatre, the toilet, the elevator, as well as other areas that are not the subject of this complaint, are accessible to people with disabilities who use wheelchairs for movement. Bearing in mind the contradictions of the allegations and to properly and completely determine the factual situation, the Commissioner, following the law, addressed the City of Belgrade, the Secretariat for Inspection, Supervision, and Communication, and the City Administration of the City of Belgrade, requesting information on whether the theaters that are the subject of the complaint are accessible. As this Secretariat declared itself incompetent, the Commissioner turned to the City Municipality of G.G., Department for Construction Affairs. Given that the Commissioner did not receive a response from this Department, two Commissioner’s Professional Service employees went to B.B. to gain immediate insight. Upon entering theatre 6, it was determined that there was one free seat in the last row from which a person in a wheelchair could watch the film. Based on the inspection of theaters 2 and 3, it was determined that there is no ramp and that access to the rows of seats is prevented by the stairs, so the space in front of the first row would possibly be accessible to a disabled person who uses a wheelchair for movement. For theaters 4 and 5, the answer to the question addressed to the employee was that these halls have the same layout as theaters 2 and 3. On the internet presentation of B.B., it is stated that theatre 6 has a capacity of over 230 seats (234 seats), while theaters 2 and 3 have 78 and 73 seats, respectively, and theaters 4 and 5 have 51 seats each. Bearing in mind the established factual situation, it can be stated that theatre 6 does not meet the accessibility requirements since it contains only one, instead of two accessible places, as prescribed by the Rulebook on Technical Standards of Planning, Design, and Construction of Facilities, which ensures unhindered movement and access for people with disabilities, children, and the elderly. As for the theaters of B.B., which have less than 100 seats, it can be stated that a person using a wheelchair could watch the projection from the space in front of the first row. In this regard, the Commissioner points out that watching the projection from the space in front of the first row is by no means an adequate position from which any person, especially a person with a disability, can watch the movie. Furthermore, the fact that there is no ramp, i.e., that a person using a wheelchair cannot ascent any row on their own, but other people must carry them, indicates that a person with a disability is not enabled to follow the program, i.e., the service of watching a movie provided by B.B. under equal conditions. Bearing in mind that the theaters mentioned above are not fully accessible to persons with disabilities who use wheelchairs for movement, by applying the rules on shifting the burden of proof, the Commissioner issued the opinion that B.B. violated the provisions of Art. 6, 17 and 26 of the Law on Prohibition of Discrimination, in connection with Art. 13 and 16 of the Law on Prevention of Discrimination of Persons with Disabilities. B.B. was recommended to take measures to improve the accessibility of the small theaters within B.B. so that people with disabilities who use wheelchairs for movement could follow the content offered by the B.B. under equal conditions.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković