The Commissioner for the Protection of Equality, Brankica Janković, has submitted to the Constitutional Court a proposal for the assessment of the constitutionality and legality of Article 3, paragraph 1, item 7 of the Rules on Work Discipline, Rules of Conduct for Employees, and Compensation of Damages of the National Theatre in Belgrade, specifically the part that restricts the expression of political and other opinions at work and outside of work, which may also result in dismissal.
In the proposal for constitutional review, the Commissioner pointed out that this provision violates the Constitution of the Republic of Serbia, which prohibits discrimination and guarantees freedom of thought and expression, as well as the provisions of the Law on the Prohibition of Discrimination.
In addition to exceeding its legal authority and restricting freedom of thought and expression through a bylaw in a manner contrary to the Constitution, the issuer of the contested Rules did so on the basis of political conviction as a personal characteristic, which is itself a ground of discrimination and a right protected by the Constitution, as well as by the European Convention on Human Rights.
The Commissioner also noted that the contested provision states that a violation of the rules includes, besides political opinions, the expression of “other orientations.” This raises the question of whether employees could also be dismissed for expressing their religious, national, or any other form of affiliation.
Considering that this concerns a cultural institution of special importance, the Commissioner warned that leaving such a provision in force may lead to systemic consequences and encourage other institutions to restrict the basic human rights of employees guaranteed by the Constitution in the same way.
Due to the possibility of irreparable harmful consequences, the Commissioner requested that the Constitutional Court act urgently and, until a final decision is made on the Commissioner’s proposal, suspend the execution of individual acts or actions undertaken on the basis of the contested article of the Rules.
