No. 07-00-178/2017-02  Date: 5 September 2017

OPINION

The present opinion was issued following a complaint procedure initiated upon a complaint lodged by B.J. from Č., with consent of D.V., against Social Welfare Center of the City of Č. In the course of the complaint procedure it has been ascertained that by virtue of the Official Decision issued by the Social Welfare Center of the City of Č., No. 56035-3-782/2017, dated 30 March 2017, D.V., complainant’s sister, was no longer entitled to day care services for children, youth and adults with developmental impairments which are provided at the Institution for Day Care Services for Children, Youth and Adults with Developmental Impairments „Z“ in Č. In its rationale of its Official Decision, the Social Welfare Center of the City of Č. stated that D.V. was no longer entitled to this service according to Article 86 of the Decision on the Social Protection Rights and Services which are within the scope of authority of the City of  Č., which stipulates that day care services shall be extended to adults with developmental impairments (physical, intellectual, mental, sensory, speech and language related, social, emotional and multiple impairments) who are between 25 and 55 years of age. Bearing in mind the fact that the complaint was filed against Social Welfare Center of the City of Č. and not against the City of Č. as the legal entity which had passed the contentious Decision, the Commissioner for the Protection of Equality was of the opinion that the Social Welfare Center had, in this particular case, acted in accordance with the Decision on the Social Protection Rights and Services which are within the scope of authority of the City of  Č., which it is under the obligation to abide by. For this reason, the Commissioner for the Protection of Equality has issued its opinion stating that by passing the Official Decision which had effectively terminated D.V.’s right to day care services for children, youth and adults with developmental impairments provided at the Institution for Day Care Services for Children, Youth and Adults with Developmental Impairments „Z“ in Č., the Social Welfare Center of the City of Č. had not violated provisions of the Law on the Prohibition of Discrimination.