The Public Transport Enterprise (JSP) Skopje committed direct intersectional discrimination based on race, skin color, social origin, ethnicity and belonging to a marginalized group against a woman and her two minor children.
The complaint submitted by the Helsinki Committee for Human Rights states that a bus driver of JSP Skopje forcibly threw the woman and her two minor children out of the bus, one of whom was in a wheelchair. Earlier, the family, from the Roma ethnic community, was pushed by the other passengers on the bus, after which the driver got up and threw the woman and the children out, while simultaneously insulting them by telling them that he would not let them on the bus anymore.
The Commission for Prevention and Protection from Discrimination requested a statement from JSP Skopje on the allegations in the complaint and at the same time requested video recordings of the event. However, the public transport company did not comment on the allegations in the complaint.
From the complaint, the Commission concluded that the JSP driver had restricted the right of access to public goods and services to a family of Roma ethnicity on the basis of their race, skin color, social origin, ethnicity and belonging to a marginalized group. Additionally, the driver caused a situation in which he humiliated and insulted the family and also caused a feeling of fear and anxiety. A qualifying element in the event in question is that one of the children was in a wheelchair, which further shows the driver’s lack of sensitivity towards this category of persons.
Intersectional discrimination in this case refers to the area of access to public goods and services by an enterprise responsible for the transport of passengers in the public city and suburban transport in the area of the City of Skopje.
The CPPD recommends to JSP Skopje to take measures that will contribute to the prevention of future discriminatory practices by the drivers of their buses, having in mind that the Commission for Prevention and Protection from Discrimination has established discrimination for similar incidents in the past.
JSP should conduct discrimination training in order to sensitize drivers in their work with various marginalized groups. The perpetrator is obliged to act upon the recommendation within 30 days from the day of receipt of the recommendation, and if he does not act upon the recommendation, the Commission has the right to initiate a misdemeanor procedure before the competent court for misdemeanors.