Acting upon the complaint filed by the Helsinki Committee for Human Rights, the Commission for Protection from Discrimination (CPD) established religion and religious conviction based discrimination concerning a woman wearing a hijab when accessing the Portofino Osteria and Bar.
On 14 September 2018, the Helsinki Committee for Human Rights received a client who reported a religion and religious conviction based discrimination while accessing the Portofino Osteria and Bar restaurant. The client and her two friends tried to enter the Portofino Osteria and Bar restaurant but ware rejected with the excuse that they cannot enter unless they have a reservation. The party left the restaurant, and ten minutes later, one friend of the party returned to the restaurant and was able to sit at a table without a reservation. She tried to find out why her friend, who was wearing a hijab, wasn’t allowed in the restaurant and whether the restaurant denies the access of women and girls who wear hijab, but her questions weren’t answered so she left the premises.
The Helsinki Committee for Human Rights filed a complaint to the Commission for Protection from Discrimination, while the Network for Protection from Discrimination urged the Commission to investigate the case. As a response to these demands, the Commission for Protection from Discrimination issued an opinion no. 0801-307/5 on 28 December 2018 with which it established direct religion and religious conviction based discrimination in access to goods and services. To fully establish the factual situation, the Commission had enquired a statement from the restaurant but hasn’t received an answer.
CPD asked the Portofino Osteria and Bar restaurant to remove the violation of the client’s right within 30 days since the reception of the opinion and recommendation and stop any acts of discrimination. Unless the restaurant doesn’t comply with the recommendation, i.e. does not remove the violation of the right, the Commission has the right to start an initiative for establishing responsibility before a competent body.
We salute the opinion of the Commission for Protection from Discrimination and appeal to all legal entities that provide public goods and services to do so without discrimination while respecting the right of equality of all people. Concurrently, we urge and encourage all persons who have been discriminated in any way while accessing goods and services to report the event and seek legal assistance.
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17 January 2019