No. 07-00-685/2024-02 Date: April 7, 2025

OPINION

The opinion was issued in a procedure initiated following a complaint submitted by a citizens’ association against the City Administration of the City of Belgrade, on the grounds of discrimination against a group of persons based on disability as a personal characteristic. The complaint stated that Articles 19 and 20 of the Decision on Social Protection Rights and Services of the City of Belgrade violated the principle of equality, i.e., that the contested decision in Article 19 stipulates that the supported housing service for children and youth with developmental disabilities is provided only to those with “mild and moderate impairments” who can achieve a certain level of independence, as well as that paragraph 2 provides that this service is offered for a period of up to five years. It was further stated that Article 20 of this Decision regulates supported housing for “adults and elderly persons with developmental disabilities”, with the same restrictions regarding the level of disability and the duration of the service. In its response, the City Administration of the City of Belgrade, specifically the Secretariat for Social Protection, stated, among other things, that the supported housing service in the City of Belgrade has not been fully implemented and that there is currently only one licensed service provider in the city, with a capacity for two users. It was also stated that the service in question is intended for users who have the capacity, with professional support and activities prescribed by the Rulebook on the Detailed Conditions and Standards for the Provision of Social Protection Services, to work toward achieving greater independence. Additionally, it was emphasized that a functional assessment is a mandatory phase of the professional process in working with users, resulting in the determination of the required level of support. The purpose of this assessment is to plan activities that will meet the users’ needs in the most effective and safe way possible, primarily in a manner that ensures the users’ safety. It was further stated that the actual target group of potential users was assessed to be individuals with “mild and moderate mental impairments” who, within a period of up to five years, could be enabled to live relatively independently within the community. Otherwise, these users would almost permanently remain in supported housing facilities, which would represent a kind of “relaxed form of institutional placement” and would prevent the necessary turnover of users. The Commissioner emphasizes that the UN Committee on the Rights of Persons with Disabilities points out that the right to live independently and be included in the community applies to all persons with disabilities, regardless of their personal characteristics. Furthermore, user assessment should be based on an individual approach grounded in human rights, focusing on the users’ needs arising from societal barriers, not from the disability itself. The Committee clearly states that eligibility criteria and procedures for accessing support services must be defined in a non-discriminatory and objective manner, and should focus on individuals (users’) requirements rather than the type of disability, in accordance with a human rights-based approach. In the course of the proceedings, it was established that the Rulebook on Closer Conditions and Standards for the Provision of Social Protection Services prescribes that the supported housing service is available on a long-term basis to persons with physical, intellectual, or mental disabilities, starting from the age of 15. Both disputed provisions of the Decision of the City of Belgrade stipulate that the supported housing service is provided to persons with intellectual or mental disabilities who are capable of achieving a certain degree of independence. In this regard, the degree of disability of a person with disabilities may or may not play a role in the person’s ability to achieve the level of independence prescribed as a condition for accessing support, which is why the level of independence should be assessed in each individual case.

It was also established that the Republic Institute for Social Protection published guidelines for the establishment and provision of this service, which, among other things, state that persons with disabilities may use the supported housing service over an extended period of time, and for some users, supported housing may represent a more permanent solution, meaning they may use this service for life. Following the analysis, it was determined that there is no objective and reasonable justification for excluding one group of persons with disabilities from a service intended to support persons with disabilities and their life in the community. The Commissioner also pointed out that the terms “mild, moderate, and severe impairment” and “adults with developmental disabilities” are not appropriate, and that modern terminological standards rely on expressions that emphasize functional ability and support needs.

Following the conducted analysis, the Commissioner issued an opinion stating that Articles 19 and 20 of the Decision on Social Welfare Rights and Services violate the principle of equal rights and obligations and deny the right to supported housing to certain persons with intellectual and mental disabilities. The Commissioner recommended that the City Administration of Belgrade, Secretariat for Social Protection, amend the provisions of Articles 19 and 20 of the said Decision so that the right to supported housing is granted to persons with intellectual and mental disabilities without limiting it to those with “mild and moderate impairments” and without restricting the duration of the support, in accordance with the Rulebook on Closer Conditions and Standards for the Provision of Social Welfare Services. The Commissioner also recommended the use of appropriate terminology that empowers and does not discriminate against persons with disabilities, in line with widely accepted standards, and that, in the future, the Secretariat ensures its activities do not violate anti-discrimination laws.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković