The Commissioner for Protection of Equality issued the opinion and recommendation related to the complaint filed by the father of a minor girl against the Municipality of Smederevska Palanka. Following the complaint, Praxis got involved in the procedure.

The Municipality of Smederevska Palanka denied the right to transport to school to the girl with severe sight impairment, even though it is the legal obligation of the Municipality according to the Law on the Fundamentals of the Education System.

In its opinion, the Commissioner finds that failing to ensure the right to free transport to the school for the girl, the Municipality of Smederevska Palanka impeded her exercise of the right to education and full inclusion in the education system, thus violating the provisions of the Law on Prohibition of Discrimination. The Commissioner recommended that the Municipality of Smederevska Panka should take all necessary measures within 30 days in order to provide free transport from home to school for the girl, and in the future not to violate the provisions of the Law on Prohibition of Discrimination.

The Commissioner also stated that this type of support has been legally regulated for a number of years, and therefore, such acting of the Municipality of Smederevska Palanka is utterly worrying. It is further stated in the opinion that the school and the Ministry of Education must provide adequate teaching material, such as textbooks in the Braille alphabet and a personal assistant, which have been denied to the girl up to date.

Praxis reminds that pursuant to the Convention on the Rights of the Child and Convention on the Rights of Persons with Disabilities, Serbia is committed to ensure compulsory education and free education on an equal basis for all and without discrimination. Also, the Constitution of the Republic of Serbia, Law on Prohibition of Discrimination, Law on Prevention of Discrimination against Persons with Disabilities, and laws and bylaws governing the area of education explicitly forbid discrimination against persons with disabilities in all spheres of life.

For more information, see the announcement: Municipality of Smederevska Palanka Discriminated against a Girl with Disability