UPR Sexual Rights Database

National Report Annex:
The findings of the Evaluation of the Action Plan for the implementation of the National Strategy for the Improvement of the Status of Women and Improving Gender Equality 2010-2015 indicate a degree of progress was achieved in the above areas, particularly regarding the improvement of the legal framework in the field of equal participation of women and men in the political life, anti-discrimination, labour and employment, as well as establishing institutional mechanisms for gender equality, improving gender-sensitive statistics and increased visibility of the issue of violence against women. The selected strategic areas and targeted interventions were confirmed to be relevant, but some areas need to be expanded or redefined.
In February 2016 the Government of RS adopted the National Gender Equality Strategy for 2016-2020 with an Action Plan 2016-2018. The Strategy contains three primary goals: 1) change of gender patterns and improvement of cultural gender equality; 2) increasing the equality of women and men by applying equal opportunity policies; and 3) systematic introduction of gender perspectives into the adoption, implementation and monitoring of public policy.
The first report on the implementation of the National Gender Equality Strategy and relevant Action Plan has been developed.
The Coordination Body for Gender Equality, within its regular activities, participates and supports projects, campaigns and initiatives aimed at promoting gender equality and overcoming gender stereotypes and prejudices in Serbia.
Key examples are: the campaign "16 Days of Activism against Gender-based Violence", the project "Women`s Empowerment" - support for the economic empowerment of women who have endured violence; participation in regional conferences on women entrepreneurship and support to the annual award of the "Success Flower for a Dragon Woman" organized by the Association of Businesswomen, etc.
The Ministry of Education, Science and Technological Development implemented the project "Prevention of Gender-based Violence" with the aim of sensitizing employees in educational institutions on gender-based violence, responding and empowering everyone to react in cases of gender-based violence (domestic and sexual violence) and discrimination.
The Ministry of Culture and Information supports the development of media content in order to protect and develop human rights and democracy. For projects that explicitly deal with gender equality, around RSD 2,000,000 are allocated annually, while more funds are allocated indirectly by supporting women authors and artists.
Through the IPA project Strengthening Media Freedom, the Report on the Status of Gender Equality and the Position of Women in the Media was prepared, which will be the starting document for the working group for the preparation of a future strategy for development of the public information system.
In November and December 2015, the Institute for the Study of Cultural Development conducted a survey Cultural habits, needs and attitudes of Serbian citizens on a national sample of 1,565 respondents. The results of the survey have shown that citizens' attitudes are mainly positively oriented towards gender equality. Citizens are most vulnerable to gender equality in the field of education and economics, and least trust in equality regarding political participation and decision-making.
The Provincial Secretariat for Social Policy, Demography and Gender Equality, through the publication "Women's Planner", annually promotes women in different areas.
The Republic of Serbia has a developed a legal framework that determines the principle of equal opportunities and availability of jobs for both sexes. When recruiting to state bodies of local self-government units and autonomous provinces, it is taken into account that the national composition, gender representation and the number of persons with disabilities reflect as far as possible the structure of the population, and equal opportunities for promotion and rewarding are envisaged.
The new legal solutions through the Law on Gender Equality provide for the introduction of quotas that will ensure the minimum 40 percent of women in management and supervisory bodies for education, science, culture, information and sports, as well as in international organizations.
Article 104, paragraph 1-2. of the Labour Law stipulates that an employee has the right to adequate salary which is determined in accordance with the law, the general act and the employment contract. Employees are guaranteed equal pay for the same work or the same values that they earn with the employer. Provisions of the Labour Law ensure that the employed woman and man are equally paid for equal work.
The Law on Civil Servants applicable to employees in state bodies, by Article 13 provides that every civil servant is entitled to salary, benefits and other remuneration under the law regulating salaries in state bodies, and Articles 10 and 11 of the same law provide an equal opportunity for promotion and rewarding.
The Law on employees in autonomous provinces and local self-government units, applicable in the bodies of autonomous provinces and local self-government units, under Article 27 stipulates that each employee is entitled to salary, benefits and other remuneration under the law governing salaries in the autonomous province and the local self-government unit and Article 20 of the same law stipulates that an employee has the right to advance in service by acquiring a higher job determined by this law and acquiring a higher pay band determined by the law regulating salaries for the employees in autonomous provinces and local self-government units.
Salaries of employees in the public sector are regulated by the Law on the Salary System for the Public Sector Employees, the Law on Salaries of Civil Servants and General Service Employees, the Law on Salaries in State Bodies and Public Services, which regulate salaries, benefits and other remuneration of public sector employees. A salary consists of the basic salary and increased salary and contains on a monthly basis tax and contributions paid from salaries. The basic salary is determined by multiplying the base for the calculation and payment of salaries, which is unique for all employees, with a coefficient, where these coefficients are determined in the same way for all employees in the public sector, regardless of their gender.
The program for professional development of police officers for 2017 continues the implementation of the instructional unit which content consists of the following topics: manifestation forms of domestic violence; family members under the Criminal Code; general principles for protection of women victims of domestic and intimate partnership violence; reporting domestic and intimate partnership violence against women by telephone; sending and arrival of police officers to the place of domestic and intimate partnership violence against women; the most common risks; documenting events; statements of support for victims of domestic and intimate partnership violence against women; cooperation with other institutions and institutions dealing with domestic and intimate partnership violence against women.
For the purpose of standardization and uniform implementation of this thematic area, the Department for Vocational Training - the Training Implementation Unit developed a manual and presentation that are fully compatible with the instruction content of the topic.
The Law on the Prevention of Domestic Violence provides for two urgent measures: the urgent measure of removing the perpetrator of the violence from the apartment and the urgent measure of forbidding the perpetrator to contact and approach the victim. Urgent measures are imposed by a police officer for prevention of domestic violence and can last for 48 hours, and can be imposed cumulatively. The public prosecutor, in case of establishing the existence of a direct threat of domestic violence, is obliged to submit a motion to extend the emergency measure. The court evaluates the risk assessment of the competent police officer, the risk assessment made by the basic public prosecutor and assesses the evidence and claims submitted by the public prosecutor. Urgent measures can be extended by court decision for another 30 days. On the proposal of the basic public prosecutor, the basic court shall decide within 24 hours of receiving the submission and without holding a hearing. The law contains penal provisions that prescribe violations and greater effectiveness of urgent measures and measures of protection against domestic violence is achieved.
At the level of the Government, the Council for Suppression of Domestic Violence has been established, which is tasked with monitoring the implementation of the Law and improving the coordination of competent state bodies, institutions and other entities, and the effectiveness of preventing domestic violence and protection against domestic violence.
The Provincial Secretariat for Health Care, in partnership with the Women's Support Centre from Kikinda, has been implementing a three-year project, "Stop - Protect - Help", since January 2016. The project is intended for women in the situation of violence and potential victims, professionals in all sectors at all levels of authority, women's organizations and the entire population on the territory of the province.
Starting from the obligations of the state provided for by the Istanbul Convention as well as the measures provided for in the Action Plan for the Implementation of the Strategy for the Prevention and Protection against Discrimination, CBGE initiated the adoption of the National Strategy for the Prevention and Suppression of Domestic and Intimate Partnership Violence against Women and Girls for the period 2017-2020. For the analysis of the previous strategy and development of a new one, as well as for the implementation of numerous awareness-raising activities, the necessary funding was provided by the Swedish International Development Cooperation Agency (SIDA) within the project "Integrated Response to Violence against Women and Girls II". The project began in July 2016 and will last until July 2018, with a total value of $ 940,000. The project has been implemented in cooperation with all UN agencies in Serbia and relevant line ministries. Its implementation will contribute to the further development of the social and institutional environment in Serbia with zero tolerance for violence.
In order to encourage women to report cases of domestic and sexual violence by raising awareness about the criminal nature of such actions, the Ministry of Justice organized a national media campaign of raising awareness called "Off Violence".
There are safe houses managed by centres for social work in Kragujevac, Leskovac, Priboj, Smederevo, Vranje, Jagodina, Šabac, Niš and Majdanpek. In AP Vojvodina, there are 5 safe houses, managed by centres for social work, with total capacity for 122 persons: Novi Sad; Zrenjanin, Sombor, Pančevo and Sremska Mitrovica. In the past period, the Provincial Government, in cooperation with the B92 Fund, supported the construction and equipping of safe houses in Zrenjanin, Pančevo, Sombor and Sremska Mitrovica with a total of 22,500,000RSD.
Since 2011 the City of Belgrade, recognizing the importance of a shelter service for women victims of domestic violence, has provided financial support to the civil society organization Counselling against Domestic Violence in Belgrade, which has three safe houses for women victims of domestic violence. By introducing the service of providing shelter for women victims of domestic violence into the normative framework of the city of Belgrade, which defines the conditions for exercising rights and services in the field of social protection, the basis for the implementation of the public procurement procedure of the service has been established in accordance with the Law on Social Protection and the Decision on Rights and Social Protection Services. The service was formally established by the public procurement in early 2016, when a contract for providing the service was concluded with the licensed organization Counselling Centre against Domestic Violence in Belgrade. The accommodation capacity of the Counselling Centre is 30 women and children, 24 hours a day. The costs of this service are fully covered by funds from the budget of the City of Belgrade provided for each current year, the service is free for women victims of violence.

National Report:
Para 101) The Coordination Body for Gender Equality, which is headed by a Deputy Prime Minister, since its establishment in 2014 has undertaken a number of activities with the aim of improving the status of women and gender equality.
Para 102) After 2016 parliamentary and local elections, a woman was appointed as the Speaker of the National Assembly, and 34.54% of MPs are women. The percentage is similar in every city and municipal assembly.
Para 103) After the presidential election of May 2017 changes occurred in the Government. For the first time, a woman was appointed Prime Minister of Serbia. Out of 21 ministers, four are women, one of them is a Deputy Prime Minister and President of the Coordination Body for Gender Equality. Five women are presidents of administrative districts, and 12 are mayors.
Para 104) There are more than 100 local bodies for gender equality.
Para 105) Regulations applied in local government bodies and the autonomous provincial government bodies enable equal access to jobs for both genders. The 2015 Law on the Budget System introduced a gender-sensitive budgeting and an obligation that all budget
beneficiaries must apply it by 2020 at the latest.
Para 106) Since February 2016, the Republic of Serbia has used the EU gender equality index in six fields: distribution of time, money, work, knowledge, power, health and in two subfields: violence against women and inter-sectoral differences. According to indicators, gender equality index for the Republic of Serbia is 40.60%.
Para 107) The Government has adopted a National Strategy for Gender Equality in February 201622 for the period 2016–2020 with the Action Plan for the period 2016–2018.
Para 108) The National Action Plan for the Implementation of UN Security Council Resolution 1325 – Women, Peace and Security in the Republic of Serbia (2017–2020) – was adopted on May 19, 2017. The second National Action Plan includes a greater number of actors with the focus on the implementation of reforms at the local level.
Para 111) Of a total number of state employees, 62.4% are women, there are 53.23% of women in leadership positions, and 45% of state officials are women. …

UN Compilation:
Para 38) CESCR remained concerned about the high unemployment rate in Serbia, which disproportionately affected women, …
Para 39) [CESCR] was concerned about the low employment rate of women and the prevalence of gender discrimination in employment.
Para 56) The UN country team noted that girls and women in Serbia were still frequently exposed to gender-based violence, such as violence in family and partner relationships, sexual harassment and rape.
Para 57) The UN country team noted the adoption in 2016 of a law on the prevention of domestic violence, as well as amendments to provisions of the Criminal Code on rape and related non-consensual sex, stalking, sexual harassment, forced marriage and genital mutilation.
Para 58) CEDAW remained concerned about the increasing number of women murdered by their husbands, ex-husbands or partners and the significant disparity among the number of police interventions, the number of criminal charges filed and the number of persons convicted of domestic violence against women.
Para 59) The UN country team stated that deep-rooted stereotypes persisted in Serbia and that there was a recent trend of re-establishing traditional roles and responsibilities of women and men in the family and society, which undermined women’s social status, participation in public life and professional careers.
Para 60) The UN country team indicated that only 5 per cent of municipal presidents or mayors, and 29 per cent of the councillors in local assemblies, were women. CESCR was concerned about the underrepresentation of women in the national and local government bodies and public sector positions. The UN country team indicated that fewer women than men were employed (42 per cent as compared to 58 per cent).

Stakeholder Summary:
Para 8) POC stated that the protection of women against violence was not efficient enough.
Para 58) JS4 underscored the high number of women murdered in the context of domestic and intimate partner violence. It asserted that the State had no system for monitoring and analysing this phenomenon, a new National Strategy to prevent all forms of violence against women 2016-2020 had not been adopted, and a systematic approach to combatting stereotypes and discrimination of women, promotion of gender equality and elimination of all forms of violence against women and girls in the education system, had not been established.
Para 60) JS4 indicated that there were municipalities which had not established equality mechanisms.

National Report:
Para 74) Prevention, combating trafficking in human beings and assistance and protection of victims in RS are achieved at the strategic and operational level through the National Mechanism for coordination and development of the anti-human trafficking policy and National Mechanism for identification, referral, assistance and protection of victims of trafficking in human beings.

Para 75) The Agreement on cooperation between the Ministry of Interior, Ministry of Finance, Ministry of Labour and Social Affairs, Ministry of Health, Ministry of Justice and Ministry of Education in the field of fight against trafficking in human beings was signed on 12 November 2009. The signatories assumed an obligation to establish a special and direct cooperation in developing the National Mechanism for identification, assistance and protection of victims of trafficking in human beings in accordance with the Strategy for the Fight against Trafficking in Human Beings in RS.

Para 76) Specific results of the Agreement are that the Law on Health Care and Law on Health Insurance envisage better and more comprehensive protection of victims of trafficking in human beings, both domestic and international. The Law on Social Protection envisages that victims of trafficking in human beings fall into a category that enjoys special social protection.

Para 77) In August 2009, the Law on Amendments and Addenda to the Criminal Code amended provisions of Article 388 - Trafficking in Human Beings, by increasing the legal minimum and maximum, in terms of the basic form of an offense, whereas envisaged sentence of imprisonment for the basic form ranges "from three to twelve years of imprisonment", without a possibility of pronouncing sentence below the legal minimum. Also, it is envisaged that users of human trafficking services shall be punished with imprisonment. Amendments and addenda to Article 389 have also been adopted, which now reads "Trafficking in Juvenile for Adoption", and which has increased the age limit and juveniles are protected from all forms of exploitation and trafficking.

Para 78) For the purposes of operationalisation of the National Action Plan Against Trafficking in Human Beings for the period 2009-2011 (2009), on 1 June 2010 was initiated the Joint Program for Fight against Trafficking in Human Beings "UN GIFT Serbia" implemented by UN agencies (UNHCR, IOM and UNODC) in cooperation with the Government.

Para 79) Activities of the Joint Program include: establishment of the Center for Protection of Victims of Trafficking in Human Beings which will incorporate the Service for Coordination of Protection of Victims of Trafficking in Human Beings; establishment of the first national Shelter for urgent accommodation of victims of trafficking in human beings; establishment of the Direct Aid Fund; establishment of Legal Clinics for fight against trafficking in human beings at three faculties of law (Belgrade, Novi Sad and Nis).

Para 80) The Ministry of Interior commenced with the development of a new strategy under a working title "National Strategy for Preventing and Combating Trafficking in Human Beings and Protecting Victims in RS", which shall supersede the previous Strategy for Fight against Trafficking in Human Beings from 2006.

Stakeholder Summary:
Para 6) ECPAT noted that Serbia had no specific child protection law and that most provisions protecting children against sexual exploitation were included in the Criminal Code ...