8 April 2012, ref. no. 516
Acting within the framework of legally prescribed competencies to receive and consider complaints for violation of the provisions of the Law on the Prohibition of Discrimination, give opinions and recommendations and impose statutory measures (Article 33, para. 1, item 1 of the Law on the Prohibition of Discrimination (“Official Gazette of the Republic of Serbia” 22/2009)), acting upon the complaint K. p. z. l j. p. “J” and B. c. z. L J. p, the Commissioner for the Protection of Equality gives the following
OPINION
The Secretariat for Social Protection of the City of Belgrade organized the transport of passengers with disabilities so that the user of the public city transport service can be a person with disabilities from the area of the first tariff zone in Belgrade, while for persons with disabilities in the area of the second tariff zone an additional condition is prescribed for using this service – it is necessary to have three or more requests of users from the same area, in order for a van to be provided.
By organizing the transportation of passengers with disabilities in this manner, the Secretariat for Social Protection of the City of Belgrade violated the principle of equal rights and obligations prescribed by Art. 8 of the Law on the Prohibition of Discrimination, discriminating NM from S. and users of public transport services from the territory of the second tariff zone in Belgrade where there are less than three requests of users from the same area, regarding the availability of public transport services, which is prohibited by the Art. 17 para. 1 of the Law on the Prohibition of Discrimination, in conjunction with Arts. 13 and 27 of the Law on Prevention of Discrimination against Persons with Disabilities (Official Gazette of the Republic of Serbia, No. 33/2006).
The Commissioner for the Protection of Equality, pursuant to Art. 33, para. 1, item 1 and Art. 39, para. 2 of the Law on the Prohibition of Discrimination, gives to the Secretariat for Social Protection of the City of Belgrade the following
RECOMMENDATION
- The Secretariat for Social Protection of the City of Belgrade shall, without delay, take all necessary measures with the aim of organizing city transportation of persons with disabilities in a way that enables NM from S. and all persons with disabilities to enjoy the right to use public transport freely, regardless of the number of users from the zone in which the person with disabilities lives on the territory of the City of Belgrade.
- The Secretariat for Social Protection of the City of Belgrade shall inform the Commissioner for the Protection of Equality within 30 days from the date of receipt of the opinion with the recommendation, of the planned measures and actions undertaken for the purpose of acting upon the recommendation.
COMMISSIONER FOR THE PROTECTION OF EQUALITY
Dr. Nevena Petrušić
