Opinion regarding the complaint lodged by J.S. against A.M., a notary public from S. on account of discrimination on the grounds of disability as a personal characteristic.

No. 07-00-00128/2017-02  Date: 18 August 2017

 

OPINION

 

The present opinion was issued following a complaint procedure initiated upon a complaint lodged by J.S. against A.M., a notary public from S. on account of discrimination on the grounds of disability as a personal characteristic. In her complaint the complainant stated that, as a legal representative of the Blind People’s Association of Serbia, Smederevo Chapter, when attempting to pursue a certification procedure of a statement at a notary public office, she was prevented from certifying a statement by affixing a facsimile and that she was asked to pay a certification fee, despite the amendments to the Notary Public Tariffs and Fees which define organizations of persons with disabilities as special organizations. In the course of the complaint procedure it has been ascertained that the complainant had been informed that she could wait until authorized persons have checked whether Article 34a of the Law on Preventing Discrimination of Persons with Disabilities was applicable or that she could have statements certified immediately by affixing a mark or a stamp signature. In the course of the complaint procedure it has been established that the complainant had the statements certified on the following day, 4 April 2017 at the same notary public office, by affixing a stamp signature. As the Blind People’s Association of Serbia, Smederevo Chapter, has not been designated as a special organization in the Notary Public Tariffs and Fees, there was no grounds to waive the certification fee. For this reason, the Commissioner for the Protection of Equality issued an opinion stating that no violation of rights guaranteed by the Law on the Prohibition of Discrimination had been committed by A.M. notary public from S.

                                                                                                  COMMISSIONER FOR THE

                                                                                                PROTECTION OF EQUALITY

                                                                                               

                                                                                                        Brankica Janković

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