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III Examples based on case-law of findings made by N.C.C.D.’s Steering Board

2021 | ACTIVITY REPORT

                         law only in the case when a ticket is reserved by            N.C.C.D.’s Steering Board found that acts of discrim-
                         the disabled persons 5 days prior to the projection          ination were committed pursuant to Art. 2 para. 1
                         represents an act of discrimination.                         and Art. 10 f) of the Anti-discrimination Law and
                                                                                      ordered an administrative sanction by issuing a
                         Imposing the condition to ask for a reservation              warning against the company and a recommendation
                         within a set time interval is disproportionate in            to ensure equal opportunities in terms of access to
                         relation to applying it to all persons with disabili-        the services provided for the general public.
                         ties. In case of persons with mobility impairments,
                         the seat is awarded free of charge and assigned,               Decision No. 252 of 24 February 2021
                         depending on availability, at the moment when
                         the request is made. The disabled persons may                Failure to accommodate the stops and lack of access
                         ask for free of charge access and may benefit from           ramps for disabled person when embarking for the

                         such facilities without a prior reservation, to the          small boats providing waterway transport, subordi-
                         extent to which there is no need for a specially             nated to the public local authority represent an act
                         designed place inside the cinema hall, provided              of discrimination.
                         that such seats are available at the moment when
                         the request is made.                                         On the background of tasks entrusted by law to the
                                                                                      local public authorities, the failure to accommodate,
                         For the other disabled persons, there is no need for         respectively to eliminate the obstacles and barriers
                         a reservation in advance, as they can have access            that the persons with mobility impairments are
                         to any available seat inside the cinema hall, as no          confronted with, the equal access to facilities and
                         accommodation of the environment conditions is               locations that are available to the general public is   41
                         required.                                                    hampered.