12. Aug 2015, no 021-02-249 / 2015-02

ASSEMBLY OF THE CITY OF NIŠ

Mile Ilić, President

Dear Mr. Ilić,

Acting on complaints from citizens of Niš against the City Administration of the City of Niš, the Commissioner for the Protection of Equality has come to the knowledge that in accordance with the decision of the City of Niš, a woman residing in Niš who gave birth cannot exercise the right to a one-time financial assistance for her firstborn child if she does not reside on the territory of the city of Niš at least six months before the birth of the child.

The provisions of Article 5 of the Decision on financial support to the family with children in the territory of the City of Niš stipulate that the right to a one-time assistance in the amount of 20,000.00 dinars is provided to the mother for her firstborn child if she has residence in the territory of the City of Niš at least six months before the birth of the child, or temporary residence, if she is a refugee or displaced person from the territory of Kosovo and Metohija, provided that she takes care of the child directly. They also stipulate that the right to one-time assistance is realized on the basis of the mother’s request and documentation on the fulfilment of conditions for exercising the right. The provision of Article 7 stipulates that if the mother is not alive or if she has abandoned the child or is prevented from taking care of the child directly for justified reasons, the right to a one-time financial assistance, instead of the mother, can be realized by the father, the foster parent or the guardian, if they meet the requirements of Article 5 of this Decision.

An analysis of the conditions prescribed for the exercise of the right to one-time assistance for a first-born child, in the light of the Law on the Prohibition of Discrimination and other relevant regulations, has shown that families where the mother has no registered residence in the territory of the City of Niš at least six months before the birth of the child, have obviously been placed in an unequal position in relation to families in which the mother of a first-born child has a place of residence on the territory of City of Niš six months before the birth of the child. Bearing in mind that the goal of one-time financial assistance for a first-born child is to encourage the birth of the first child, and increase the birth rate in the territory of the City of Niš, that is, that it represents support for the entire family with a child, the condition for exercising the right to a one-time assistance for the first born child based exclusively on the residence of the mother,  does not have an objective and reasonable justification, since the prescription of this condition, without taking into account the residence of the father of the child and of the child, is not justified either from the aspect of the purpose, nor from the aspect of the consequences it produces.

We remind you that the Commissioner for the Protection of Equality addressed the City Assembly of Niš with Recommendation no. 021-02-211/2015-02 of 9 July 2015, in which she pointed out that the condition for exercising the right to one-time assistance to an unemployed mother, which relates exclusively to the place of residence of the mother (prescribed by the provisions of Article 8a of the Decision on financial support to the family with children on the territory of the City of Niš), has no objective and reasonable justification, since the prescription of this condition, without taking into account the residence of the father of the child and the child itself, is not justified either from the aspect of the purpose, nor from the aspect of the consequences it produces.

Considering all the above, I recommend that you also amend Article 5, paragraph 1 of the Decision on financial support to families with children in the City of Niš, in a manner that will provide that, among other conditions, the right to one-time assistance for the firstborn child can be realized by the child’s mother, if she or the father of the child have residence on the territory of the City of Niš at least six months before the birth of the child, provided that the child has a registered residence on the territory of the City. In this way, you will take into account the entire family, prevent abuse of the exercise of the right to financial compensation,

I expect that you will use your legal authority and amend the Decision on financial support to families with children at the first subsequent session of the City Assembly.

Please inform me about the measures and activities you have taken to implement this Recommendation within 30 days.

With sincere appreciation,

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković