OPINION

The opinion was issued in the procedure regarding the complaint AA submitted on behalf and with the consent of BB due to discrimination based on disability in the process of verifying the health insurance card at the Fund for social insurance of military persons (FSIMP). Namely, the complaint states that as a precondition for realizing this right, the FSIMP demanded the complete deprivation of business capacity of BB, or the extension of parental rights, due to her disability. In its statement on the allegations in the complaint, the FSIMP stated that the Decision on the form of the health insurance care and identification card of military insured persons stipulates that for the spouse and persons under the age of 60, who the professional military personnel or beneficiary of a military pension is obliged to support following the law, the health insurance cards are verified yearly, provided that these persons do not exercise the right to health insurance on other grounds. The Fund believes that the only proof that BB is a supported person following the law is the complete deprivation of business capacity or the extension of parental rights. During the procedure, it was established that BB’s health insurance card was certified, on the recommendation of the Inspectorate of the Ministry of Defense, but that the FSIMP still believes that BB does not have all the necessary documentation for certification of the health insurance card. They stated that all military insured persons, except for the complainant, have court decisions on deprivation of professional capacity or extension of parental rights for their disabled children over 18. The Commissioner for the Protection of Equality analyzed whether the goal of setting such a condition is legal and whether the means to achieve that goal are appropriate and necessary. The FSIMP has set such a condition with a legitimate objective, namely, to determine whether BB is a person her father is obliged to support following the law, which would fulfill the requirement for the certification of her health insurance card. However, bearing in mind that no regulation sets the condition of deprivation of legal capacity for proving facts related to legal support, but also Constitutional and legal guarantees in the field of protection of the human rights of persons with disabilities and guarantees arising from the Convention on the Rights of Persons with Disabilities, it can be stated that the complete deprivation of business capacity is not a means that is appropriate and necessary for achieving that goal. Depriving persons with disabilities, especially persons with physical disabilities, of their ability to do business exclusively due to a personal characteristic – disability, represents a severe violation of the Convention on the Rights of Persons with Disabilities, significantly limiting them in daily functioning. Therefore, the Commissioner issued the opinion that by setting the conditions of deprivation of professional capacity, i.e., the extension of BB’s parental rights, for exercising the rights from insurance, the FSIMP violated the provisions of Article 7 and Article 12 of the Law on Prohibition of Discrimination. The Commissioner for the Protection of Equality recommends to the FSIMP to stop the practice of conditioning persons with disabilities with deprivation of business capacity in order to exercise any rights with the Fund, send a written apology to BB, and comply with laws prohibiting discrimination and ratified international conventions in the future.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković