UPR Sexual Rights Database

National Report:
Para 105) In November 2011, Belgrade hosted the Conference "Towards a National Policy on Human Rights Defenders". The aim of this gathering was the analysis of the position of human rights defenders in the RS, as well as the improvement in the implementation of standards contained in the UN Declaration on HRD.

Para 107) In 2012, the RS, together with Albania, Italy, Latvia, Montenegro and Poland, became a partner member state on the Council of Europe Project "Fight against Discrimination on the Grounds of Sexual Orientation or Gender Identity in Europe". The aim of the Project is to support the states in implementing the Recommendation (2010) 5 of the Committee of Ministers to members states on measures to combat discrimination on grounds of sexual orientation or gender identity.

National Report Annex:
The Ministry of Justice, acting as the coordinator for Negotiation chapter 23: Judiciary and fundamental rights, is cooperating with the National Convention on the European Union. The National Convention consists of 200 CSOs.
As an example of good practice, with the aim of cooperation with the civil sector, we note their participation in drafting the Strategy for the Prevention and Protection from Discrimination for the period 2013-2018.
In February 2014 the Ministry of the Interior adopted an Action plan for the improvement of activities and cooperation of the police with representatives and associations of LGBTI persons, fully implemented, with the key activities being the appointment of a liaison officer for the LGBTI community in eight local self-government units, the drafting of the Manual for police work with the LGBTI population and trainings for police officers.
These activities are being continuously implemented.

Stakeholder Summary:
Para 20) CoE stated that CoE-Commissioner, while acknowledging the progress made in advancing the rights of LGBTI persons, noted that homophobia and discrimination against them persisted.
Para 41) JS5 stated that none of the five 2012-UPR recommendations on human rights defenders were implemented. It asserted that Serbia had failed to take adequate measures to safeguard these rights highlighting intimidation, attacks and harassment of human rights defenders and journalists who reported on sensitive issues, including LGBTI rights, ...

National Report Annex:
In December 2015, the Republic Public Prosecutor issued a mandatory instruction setting out the obligation to keep special records in the appellate, higher and basic public prosecutor's offices in relation to, inter alia, the criminal offense of domestic violence, and in which cases urgent action is required. Special records shall contain information on the perpetrator of the criminal offense, the injured party, the criminal offense, the undertaken actions and the rendered public prosecutor`s and court decisions, and for the criminal acts committed from hatred (Article 54a of CC) and the records on the motives for committing the criminal offense.
Public prosecutor's offices shall submit to the Republic Public Prosecutor's Office through the appellate public prosecutor's offices a quarterly report with data contained in special records, no later than the 15th day of the last month of the quarter for which the report is submitted. The appellate public prosecutor's offices shall submit summary quarterly reports to the Republic Public Prosecutor's Office no later than the 18th of the last month of the quarter for which the report is submitted.
In accordance with the mandatory instruction of the Republic Public Prosecutor, by decision of the public prosecutor of the First Basic Public Prosecutor's Office in Belgrade as of 18 Feb. 2016, a Department for combating domestic violence was formed and a coordinator of the Department for cross-sectoral cooperation was appointed.
Deputy public prosecutors have regular monthly contacts and meetings with representatives of the CSW and the police with a view to working as efficiently as possible in order to prevent domestic violence, and contacts have also been established with the Victimological Society of Serbia, the Autonomous Women's Centre and other CSOs for better cooperation and joint action.
In the reporting period, the Association of Public Prosecutors and Deputy Public Prosecutors of the Republic of Serbia has a significant contribution in the implementation of training of public prosecutors and deputy prosecutors in the area of protection of victims of domestic violence. Numerous trainings were organized, numerous projects were implemented and publications were printed that helped to eliminate dilemmas in practice and improve the protection of victims of domestic violence. "Treatment of Domestic Violence Cases", at the end of the project, a publication titled "Treatment of Domestic Violence Cases" was issued, which contains recommendations regarding both normative improvement and practices of judicial authorities and police, cooperation of all actors including police and centres for social work (September 2014-March 2015); "Judiciary Initiative for Better Protection of Domestic Violence Victims" (June 2013-April 2014); "Partnership for the Protection of Human Rights - More Efficient Cooperation of Judiciary and Civil Society" (April 2013-April 2014).
Within the Program for Professional Development of Police Officers in the framework of compulsory education in 2016, a seminar was held on the topic "Police action in accordance with the special protocol on police action in cases of domestic and intimate partnership violence against women" attended by 1605 police officers.
By improving the normative and institutional framework in this area, preconditions for efficient implementation of the recommendation have been created and in the forthcoming period we will continue on its full implementation.
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.
Activities aimed at implementing the recommendation are being continuously implemented.

UN Compilation:
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.

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.