No. 07-00-193/2017-02   Date: 14 September 2017

OPINION

The present opinion was issued following a complaint procedure initiated upon a complaint lodged by UOS against legal person CPM on account of discrimination on the grounds of health status. In its complaint, the complainant stated that UOS had applied for a permission to organize an event on the occasion of International Memorial Day of People Who Died from AIDS at the plaza in front of U SC. Their application had been rejected without any adequate explanation, hence UOS was of the opinion that such conduct constituted an act of discrimination of persons living with the HIV. In their declaration responding to allegations contained in the complaint, CPM stated that the occupancy time slot for the plaza in front of U. SC. had previously been reserved, but it also stated that an event containing memorial service elements did not fit well into the marketing plan of this legal person. In the course of the complaint procedure the Commissioner for the Protection of Equality has ascertained that the desired time slot for marking the International Memorial Day of People Who Died from AIDS at the plaza in front of U. SC. had already been booked for another event. However, the Commissioner for the Protection of Equality indicated that the primary aim of the mentioned event would have been to promote healthier life choices and improve the position of a stigmatized social group and as such could not have been contrary to the principles of socially responsible business practices. Taking into consideration the fact that organizing this event was not possible due to objective and justifiable reasons which were unrelated to personal characteristics of the complainant, the Commissioner for the Protection of Equality issued an opinion stating that there had been no violation of provisions of the Law on the Prohibition of Discrimination, but in keeping with Article 33, item 9 of the Law on the Prohibition of Discrimination, it has also issued a recommendation to the legal person CPM stating that this legal person should initiate a meeting with UOS representatives so as to explain in more detail why their application had been rejected and to review options for mutual cooperation on activities which could promote public health and human rights of persons living with HIV.