no. 07-00-418/2020-02 date: 12.4.2021.

OPINION

The opinion was issued in the procedure regarding the complaint filed by AA from Vršac against the Health Center in Vršac – Occupational Medicine Service, due to discrimination based on health condition. In the complaint, the applicant stated, among other things, that she needed a medical certificate for the purpose of enrolling in a secondary medical school, study program nurse – technician. She further stated that she has “Mellitus type 1” diabetes and that for reasons related to her health condition, she was issued a medical certificate stating that “she is ready to enroll in secodary school, except for medical school”. The statement of the head of the Health Center Vršac – Occupational Medicine Service, among other things, stated that patients with diabetes “for preventive reasons and in order to preserve their health” should not be educated for jobs that would endanger their health. It was also pointed out that the Ministry of Education, Science, and Technological Development prescribed the conditions for enrollment in secondary school, but that these conditions differ from the interpretation of the Ministry of Health and “the profession” and that in this case, “she could not allow that trough enrollment in medical secondary school, the health condition of AA be jeopardized”, which is why she made the said decision. After the conducted procedure and presented evidence, it was determined that the Decision on enrollment of students in high school for the school year 2020/2021, prescribes the conditions for enrollment of students in secondary school according to the study program, and not according to the school, and that in this case the diagnosis of diabetes “Mellitus type1” does not put into question the fulfillment of prescribed health conditions for nurse-technician, which is confirmed by the fact that the complainant enrolled in the medical school and the desired study program. Furthermore, based on the review of the part of the professional literature that was submitted as evidence with the statement, and which speaks about the professional rehabilitation of people with diabetes, it was determined that professions to which it is or is not desirable to direct people who have this disease have not been specified, but rather general guidelines are given, which can be attributed to a large number of occupations. Having in mind that, during the procedure, no clear reasons were given and evidence offered that would justify the decision to exclude the medical secondary school as a possibility for further education of AA, the Commissioner gave the opinion that the Medical Service of the Health Center Vršac, in the process of issuing the medical certificate, violated the provisions of Article 19, paragraph 2, in connection with Article 27, paragraph 1 of the Law on Prohibition of Discrimination. Therefore, the head of this service was recommended to inform all members of the team who are engaged in the procedure of issuing medical certificates in that health institution on this opinion, to send a written apology to the complainant for discriminatory treatment, and that in the future, in the framework of their regular activities and activities, does not violate regulations prohibiting discrimination.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković