UPR Sexual Rights Database

National Report:
Para 6) The following laws were also adopted, namely: Law on Social Housing, Law on Gender Equality ...

Para 7) In the past the following strategies were adopted, namely: National Strategy for Improving Position of Women and Promoting Gender Equality (2009) ...

Stakeholder Summary:
Para 4) AWC stated that Serbia had established legislative framework related to the prohibition of discrimination, gender equality and protection from gender-based violence. However, insufficient attention was paid to the implementation of this legal framework in practice. The Gender Equality Law, after two years of implementation, had no effect on the actual equality of men and women. There were no publicly available reports on the effects of the implementation of the law.

Para 15) AI noted a number of positive measures taken to tackle discrimination, including the adoption of an Anti-Discrimination Law in March 2009 and the establishment of the Office of Commissioner for the Protection of Equality in May 2010. At the same time, AI stated that in practice, vulnerable groups, including minority communities, continued to suffer from discrimination and faced difficulties exercising their rights.

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 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 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 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 60) RS is undergoing a reform in the juvenile legislation which is going in the direction of wider application and making diversion from traditional criminal proceedings. Also, a list of educational orders and their application by the prosecutor in the preliminary criminal investigation is being extended.

Para 61) A special role in the monitoring of application of criminal law protection of juvenile offenders has the Council for monitoring and improving work of criminal proceeding bodies and execution of criminal sanctions towards juveniles which were in 2009
established by the Ministry of Justice and Supreme Court.

Para 62) As part of the social protection system significant means were invested in the improvement of standards for the provision of services and for ensuring execution of a corrective measure of sending a person to an educational institution, but, simultaneously, significant reduction of capacities of these institutions considering that this measure is applied selectively and in justified and exceptional cases.

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 ...