UPR Sexual Rights Database

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UN Member State that is reviewed on its human rights record as part of the UPR process.

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Source of Reference

Recommending State

UN Member State or Permanent Observer making sexual rights related recommendations, comments or asking questions to the State under Review.

Review Documentation

Sources of information used as the basis for a State’s review.  Includes the State’s National Report, UN Compilation Report and a Stakeholder Summary.

UN Regional Group to which State under Review belongs.

UN Regional Group to which Recommending State belongs.

This will only match recommendations where the Source of Review is a State.

Implementation notes

State responses to recommendations and issues raised in the UN Compilation and Stakeholder summary.

Displaying 44551 - 44575 of 58126 recommendations found
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Czechia

    Czechia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Human rights defenders
    • Rights of same-sex desiring persons
    Type:
    Comment
    Session:
    3rd session, December 2008
    Status:
    Not Followed up with a Recommendation
    Contents:
    To adopt specific measures to ensure protection of human rights defenders, including those dealing with sensitive issues such as corruption, organized crime or the human rights of sexual minorities.
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Sexual exploitation / slavery
    Type:
    Review Documentation
    Session:
    15th session, February 2013
    Status:
    Reference Addressed
    Contents:
    ECPAT recommended: providing a clear definition of child pornography in national legislation in line with the definition provided in the CoE Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse; and including the offence of soliciting a child online for sexual purposes and of "knowingly obtaining access through information and communication technology to child pornography" in national legislation. [Para 7]
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Outcome Report

    Issue:
    • Rights of same-sex desiring persons
    • Transgender persons' rights
    Type:
    Comment
    Session:
    15th session, February 2013
    Status:
    N/A
    Contents:
    ... COC-Nederland urged the Government of Serbia: to launch a public debate on legislative proposals of interest to the LGBT community and an immediate adoption of new laws that are not disputed in the public such as the Law on recognition of Legal Consequences of Sex Change ...
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    UN Compilation

    Issue:
    • Intersex persons' rights
    • Women's and / or girls' rights
    • Human rights defenders
    • Rights of same-sex desiring persons
    • Transgender persons' rights
    Type:
    Review Documentation
    Session:
    3rd session, December 2008
    Status:
    Reference Addressed
    Contents:
    Following her visit to Serbia, the Special Representative of the Secretary-General on the situation of human rights defenders recommended in 2008: ... to adopt a national plan or strategy on human rights with specific measures for the protection of human rights defenders and their activities, including the protection of defenders in vulnerable positions, like women defenders in rural areas and defenders working on lesbian, gay, bisexual, transgender and intersex rights. [Para 44]
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Colombia

    Colombia
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    ACS
    Issue:
    • Rights of same-sex desiring persons
    Type:
    Recommendation
    Session:
    43rd Session, May 2023
    Status:
    Unclear Response
    Contents:
    Advance the adoption of the Law on De facto Unions between persons of the same sex.
    Explanation
    Noted. The same-sex partnerships have not been legally regulated in the Republic of Serbia, and such legal regulation would imply the systemic resolving of a completely new legal institute, which by all means requires time and serious, systematic and analytical approach. Bearing in mind the new character of this institute and its contents, in respect of which there is no unified practice or standards on the international level, in respect of which the comparative legal solutions are significantly differing, it will be necessary to achieve a broad social consensus with various social subjects in respect of that issue. In addition to that, it is necessary to seriously analyse the effects of such regulations in other spheres of the law and other legal regulations, as well as the scope of their harmonisation, which, taken all together, requires certain time to be done.
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    UN Compilation

    Issue:
    • Marginalized groups of women
    Type:
    Review Documentation
    Session:
    3rd session, December 2008
    Status:
    Neglected
    Contents:
    Recommended that literacy and vocational programmes be provided to Roma women, in particular the elderly and illiterate, as well as to women belonging to other marginalized groups. [Para 37; CEDAW]
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Turkey

    Turkey
    Regional group
    WEOG
    Political group
    OIC
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    43rd Session, May 2023
    Status:
    Accepted
    Contents:
    Continue to implement the Strategy for Gender Equality.
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Nepal

    Nepal
    Regional group
    Asia-Pacific Group
    Issue:
    • Gender equality
    • Women's participation
    Type:
    Recommendation
    Session:
    43rd Session, May 2023
    Status:
    Accepted
    Contents:
    Continue efforts to enhance the representation of women and minority communities in the political and public life.
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Estonia

    Estonia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Violence against women / gender-based violence
    • Domestic violence
    Type:
    Recommendation
    Session:
    43rd Session, May 2023
    Status:
    Accepted
    Contents:
    Provide adequate funding for implementation of the Strategy for the Prevention and Fight against Gender-Based Violence and Domestic Violence.
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Dominican Republic

    Dominican Republic
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    ACS
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    43rd Session, May 2023
    Status:
    Accepted
    Contents:
    Continue to strive for inclusive education, especially for girls, minorities, and students with disabilities.
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Honduras

    Honduras
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    ACS
    Issue:
    • Marginalized groups of women
    • Gender equality
    Type:
    Recommendation
    Session:
    43rd Session, May 2023
    Status:
    Accepted
    Contents:
    Speed up measures to reduce the wage gap between men and women across all sectors in the workplace, and increase women’s participation in high-paying jobs in accordance with the Strategy for Gender Equality 2021–2030, especially focusing on Roma and rural women.
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Honduras

    Honduras
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    ACS
    Issue:
    • Discrimination based on sexual orientation
    • Discrimination based on gender identity
    • HIV and AIDS
    • Violence on the basis of sexual orientation
    • Violence on the basis of gender identity
    Type:
    Recommendation
    Session:
    29th Session, January 2018
    Status:
    Accepted
    Contents:
    Improve measures aimed at eradicating all forms of social stigmatization, discrimination and violence on the basis of sexual orientation or gender identity, or of their status regarding HIV.
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    New Zealand

    New Zealand
    Regional group
    WEOG
    Political group
    PIF
    Commonwealth
    Issue:
    • Gender equality
    • Women's participation
    Type:
    Recommendation
    Session:
    29th Session, January 2018
    Status:
    Accepted
    Contents:
    Continue its efforts to increase the representation of women within State and local administrations .
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    National Report

    Issue:
    • Marginalized groups of women
    Type:
    Review Documentation
    Session:
    29th Session, January 2018
    Status:
    N/A
    Contents:
    The Civil Society Organizations and international organizations dealing with issues of protection of migrants and refugees, particularly women, are enabled access to permanent and reception centres. [Para 141]
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Italy

    Italy
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Domestic violence
    Type:
    Recommendation
    Session:
    3rd session, December 2008
    Status:
    Accepted
    Contents:
    Take all appropriate measures, in the fields of legislation, implementation and awareness-raising, to tackle domestic violence against women and children.
    Implementation
    National Report:
    Para 52) On 4 April 2012, RS signed the CE Convention on Preventing and Combating Violence against Women and Domestic Violence. Also, the Government adopted strategic documents relevant for protection against domestic violence.

    Para 53) The Law on Gender Equality stipulates that all family members shall have an equal right to protection against domestic violence. Discrimination shall not be considered special measures and programs aimed at 1) victims of domestic violence that are used for providing social, legal and other assistance and benefits for purpose of protection against domestic violence and elimination and mitigation of effects of violence; 2) care for victims of violence for purpose of prevention of violence and exercise of the right to life without violence; 3) perpetrators of domestic violence for purpose of prevention of further violence.

    Para 55) The Criminal Code incriminates threats, assaults on personal integrity, endangering lives of family members, causing injuries, and a murder. The Criminal Procedure Code envisages the following for domestic violence: a trial within a reasonable time, hearing of vulnerable categories of witnesses, psychological expertise, prohibition of approach to victims, responsibility of law enforcement officers.

    Para 57) Since 2010, a Special Protocol of the Ministry of Health for Protection and Treatment of Women Exposed to Violence has been in force. In November 2011, the General Protocol on Conduct and Cooperation of Institutions, Bodies and Organisations in Cases of Violence against Women in the Family and in Intimate Partner Relationship was adopted, which established cooperation among the ministries competent for operation and social policy, justice, internal affairs and health. The Protocol, being a national document, for the first time explicitly defines that a child who witnesses domestic violence is considered to be a victim of violence.

    Para 58) The Provincial Secretariat for Economy, Employment and Gender Equality is implementing the Strategy for Protection against Domestic Violence and Other Forms of Gender-Based Violence in AP Vojvodina. Para 59) In an attempt to raise awareness and promote human rights, the Provincial Secretariat has been intensively cooperating with the Provincial Ombudsman in particular for the purposes of monitoring access to justice, health and social care and access to specialised protection services in cases of violence against women in the family and intimate partner relationships. In addition, the Provincial Secretariat supports work of the civil society association whose objective is exercising human rights and developing a network of associations "SOS Vojvodina"

    UN Compilation:
    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 18) AWC noted that Serbia adopted a host of policies in the field of violence against women, including the 2011 National Strategy for Prevention and Elimination of Violence against Women in the Family and in Intimate Partner Relationship, whose action plan for implementation was still lacking, and the 2011 General Protocol on procedures and cooperation of institutions, agencies and organizations in situations of domestic and partner relationship violence. Helsinki Committee for Human Rights in Serbia (HCHRS) recommended harmonization of legal solutions in order to guarantee rights of victims of domestic violence in accordance with international standards. HCHRS further recommended amendment to the Criminal Procedure Law that would expand the term "family member" in the criminal offence of domestic violence to include former spouse, partner or former partner, persons who were or still are in an emotional or sexual relationship, who have a joint or conceived child.

    Para 35) ... it urged Serbia to implement the national strategy to prevent domestic violence, and conduct awareness- raising campaigns and training on domestic violence for officials. Stakeholder Summary: Para 3) Autonomous Women's Center (AWC) noted that Serbia signed the Council of Europe (CoE) Convention on preventing and combating violence against women and domestic violence in April 2012, which had yet to be ratified.
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Human rights defenders
    Type:
    Review Documentation
    Session:
    29th Session, January 2018
    Status:
    Not Followed up with a Recommendation
    Contents:
    JS5 recommended, inter alia, that Serbia conduct impartial, thorough and effective investigations into all cases of attacks, harassment, and intimidation against them and bring perpetrators of such offenses to justice. [Para 41]
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Right to marry
    • Intersex persons' rights
    • Violence against women / gender-based violence
    • Domestic violence
    • Rights of same-sex desiring persons
    • Transgender persons' rights
    Type:
    Review Documentation
    Session:
    43rd Session, May 2023
    Status:
    Reference Addressed
    Contents:
    PoCRS recommended adopting action plans for the implementation of the National Strategy for Prevention and Protection against Discrimination for the period 2022–2030 and of the National Strategy for Prevention and Suppression of Violence against Women and Violence in Family and in Intimate Partner Relations for the period 2021–2025; a law regulating same-sex unions and a law regulating the legal consequences of adjusting (changing) gender and gender identity. [Para 9]
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    UN Compilation

    Issue:
    • Sexual exploitation / slavery
    • Marginalized groups of women
    • Trafficking in women and / or girls
    Type:
    Review Documentation
    Session:
    43rd Session, May 2023
    Status:
    Not Followed up with a Recommendation
    Contents:
    The United Nations country team reported that, of the 155 children registered as victims of trafficking in Serbia in 2020, 76 per cent were girls. Children were mainly trafficked for the purpose of sexual exploitation (29 per cent), forced marriage (25 per cent) and multiple exploitation (20.8 per cent). Those children still lacked adequate prevention and treatment programmes, child-friendly shelters and an effective identification system. Roma children, in particular, were trafficked for sexual exploitation, child labour, begging and petty crime. According to an annual court case analysis, trafficking cases were not effectively prosecuted and victims were exposed to secondary victimization and rarely compensated. [Para 57]
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Australia

    Australia
    Regional group
    WEOG
    Political group
    PIF
    Commonwealth
    Issue:
    • Rights of same-sex desiring persons
    • Transgender persons' rights
    Type:
    Recommendation
    Session:
    15th session, February 2013
    Status:
    Accepted
    Contents:
    Take concrete steps to protect its LGBTI citizens and their freedom of assembly and expression.
    Implementation
    National Report Annex:
    In order to provide efficient implementation of the law, trainings were provided for employees in the public sector, civil society and local self-governments. The capacities for treating vulnerable social groups have been strengthened for employees in public administration, police, courts and prosecution.
    The courts provide protection from discrimination based on sex, sexual orientation, the Anti-Discrimination Law, the Law on the Prevention of Discrimination of Persons with Disabilities, the Law on Preventing Workplace Abuse.
    Aiming to sanction the incitement of national, racial or religious hatred, amendments to the Criminal Code of RS introduced a new Article 54a, introducing special circumstances for issuing a penalty for a criminal offence committed through hatred. […]
    The new Law on Public Assembly came into force in February 2016, harmonized with contemporary standards of police work in the field of public assembly, and supporting the law to the freedom of peaceful assembly, emphasizing this right under Article 2 of the Law.
    All prosecutors’ offices, under their regular competence and with the aim of protecting fundamental human rights and freedoms, act on criminal reports of violations prescribed by the Criminal Code. Endangerment of security as per Article 138 of the CC, as well as Racial and other discrimination as per Article 387 of the CC incriminate violations of fundamental human rights and freedoms based on differences in race, colour, religion, nationality, ethnicity or another personal characteristic.
    Aiming to assess the need for potential preventive measures for the prevention of violence, incitement to violence and online hate speech, supervision was implemented over groups on social networks known for previous cases of displeasure with the organization and holding of the Pride Parade.
    Members of the police took part in several meetings organized on the topic of improving the status of the LGBTI community. Measures and activities have been implemented regarding the safety of sexually diverse persons, further activities were considered in this field with representatives of 15 non-government organizations working on the protection of the rights of sexually diverse persons, the Ombudsman, Commissioner for the Protection of Equality and representative of the Negotiation Team.
    Activities aimed at implementing the recommendation are being continuously implemented.

    National Report:
    Para 45) All government officials publicly condemned all assaults on LGBT persons and attacks on Roma. All forms of violence, discriminatory behaviour and graffiti with hate speech prompted a public reaction in both print and electronic media, in addition to the prosecution of the perpetrators of such acts.

    UN Compilation:
    Para 13) … The UN country team asserted that, regarding the recommendations made during the previous review on the right to peaceful assembly of lesbian, gay, bisexual, transgender and intersex persons, Belgrade had successfully held annual pride events in three consecutive years (2014-2016).

    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.
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    15th session, February 2013
    Status:
    Accepted
    Contents:
    Take necessary measures to ensure equal treatment as well as consider ways of helping to eradicate stereotypes for women in rural areas.
    Implementation
    National Report Annex:
    Based on the Rulebook on incentives to improve economic activities in rural areas through support for non-agricultural activities, between 2014 and 2016 the Ministry of Agriculture and Environmental Protection disbursed approximately RSD 60 million in subsidies for 144 women, who held priority because they submitted call documents as bearers of an agricultural estate.
    The Agriculture and Rural Development Strategy of the Republic of Serbia for 2014-2020 provides an overview of gender equality in rural areas, namely in the domain of economic participation among the rural population.
    Within the draft National Rural Development Programme of the Republic of Serbia for 2015-2020, under the measures envisaged for the selection criteria, priority is given to female entrepreneurs, and/or women bearers of an agricultural estate.
    The ministry competent for labour and employment issued a Call for support to projects for the economic empowerment of women in November 2016, selecting 12 projects including projects intended for organic food production. The total value of these projects was RSD 3 million, implemented during the first half of 2017.
    In 2017, for the first time, measures of credit support are being applied with a more favourable interest rate of 1% issued to women, owners of agricultural estates. Likewise, women members of agricultural estates will, for the first time during this year, have paid maternity leave. The cadastre reform continues to enable monitoring the registration of the property of owners of both sexes into the cadastre.
    An additional measure for the economic empowerment of women is being implemented through the option of providing spouses, when jointly purchasing real estate, with the option of registering their rights to the real estate at the lowest fee. The goal of the measure is to increase the number of women registered in the cadastre, to protect the property rights of women over common property and thus contribute to their equality and economic empowerment.
    Activities aimed at implementing the recommendation are being continuously implemented.

    UN Compilation:
    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.
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Issue:
    • Domestic violence
    Type:
    Recommendation
    Session:
    15th session, February 2013
    Status:
    Accepted
    Contents:
    Come up with a comprehensive national strategy to prevent and combat domestic violence, and conduct awareness campaigns at the national level.
    Implementation
    National Report Annex:
    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".
    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.



  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Brazil

    Brazil
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • Birth registration
    Type:
    Recommendation
    Session:
    15th session, February 2013
    Status:
    Accepted
    Contents:
    Take appropriate measure to ensure ... that birth registration is available and accessible for all children without discrimination.
    Implementation
    National Report Annex:
    The fact of birth is entered into registries regardless of whether it is a child whose parents are known or not, a child without parental care, adopted child or child whose parents have no documents.
    In addition to the improved normative framework (Law on Registries, amendments to the Law on Republic Administrative Fees and amendments to the Law on Extrajudicial Proceedings) systematically providing for the exercise of rights in this field of personal status, the resolution of this issue was significantly contributed to by activities under the implementation of an Agreement between the Ombudsman and line ministries with the support of the UN High Commissariat for Refugees. These agreements served to establish a mechanism for the cooperation of state bodies, the non-government sector and international organizations, providing positive results and ensuring improved exercise of rights of members of the Roma national minority for entry into the registry of births and exercise of rights based on the personal status of citizens.
    The amendments to the Law on Extrajudicial Proceedings and the implementation of the agreement made it possible to resolve the issue of personal documents within the period relevant for this report for more than 25, 000 persons of Roma nationality.
    The highest number of requests for subsequent entry of the fact of birth into the registry of births was received in 2009 - 9,573 and 2010 - 7,996 requests. During 2011 the number of requests was 774, in 2012 it was 1,552, in 2013 there were 784 requests, in 2014 there were 419 requests for subsequent entry of the fact of birth into the registry, in 2105 there were 1,072 requests for subsequent entry of the fact of birth into the registry resolved, and in 2016 there were 1,330 requests under the procedure of subsequent entry of the fact of birth into the registry of births, as well as 2,807 requests on the procedure of renewing the entry of the fact of birth into the registry of births. Other entries into the registry of births during the above years were conducted within the legal deadline for registering this fact.
    Likewise, a certain number of persons unable to prove the fact of birth under an administrative procedure have made use of the right of entry into the registry of births in accordance with the provisions of the Law on Amendments to the Law on Extrajudicial proceedings (establishing the time and place of birth). According to data obtained from the Ministry of Justice, in 2014 there were 149 proposals for establishing the time and place of birth resolved, in 2015 - 264, in 2016 - 291 proposal for establishing the time and place of birth.
    Regarding the above number of resolved requests, it is impossible to disaggregate the cases related to Roma national minority members, since the Constitution of the Republic of Serbia guarantees the freedom of expression of national affiliation, as well as the lack of obligation to do so, therefore the registry of births does not contain data on national affiliation.
    Likewise, in addition to the improved normative framework providing a systematic way for exercising rights in this area of personal status, a significant contribution to resolving this issue was provided by activities under the implementation of the Agreement on Understanding concluded in 2012 between the Ministry of Public Administration and Local Self-Government, the Ombudsman and United Nations High Commissariat for Refugees - Office in Serbia, serving as a basis for the cooperation of all competent state bodies, the non-government sector and international organizations, resulting in a significant improvement of the exercise of the right of entry into the registry of births, as well as other rights from the area of personal status (such as the right to citizenship, the right to personal name, ID card, registration of residence, etc.)
    This agreement was implemented on 31 December 2016, with all participants in the process assessing that all the measures and activities achieved to date under the cooperation of all relevant bodies have contributed to fully overcoming the problems in exercising the right to entry into the registry of births, as well as other rights under the personal status of citizens.
    The introduction of the “Welcome, baby, to the world” service in April 2016 simplified the procedure of entering babies in the birth registry, the registration of citizenship and residence, as well as electronic registration for health insurance, while the baby is still at the birth centre.
    Activities aimed at implementing the recommendation are being continuously implemented.

    UN Compilation:
    Para 36) CRC was concerned that there were currently approximately 8,500 persons who had not been registered at birth, with the vast majority declaring themselves as Roma. It was concerned that those people had limited access to the enjoyment of basic rights, including to health care, education and social protection.
    Para 88) The UN country team stated that there were about 2,400 persons at risk of statelessness in Serbia, of whom several hundred lacked birth registration. An overwhelming proportion of those were Roma.
    Para 89) The Special Rapporteur on internally displaced persons indicated that a considerable proportion of Roma internally displaced persons did not have birth certificates. UNHCR stated that Serbia had adopted new legislation that simplified subsequent birth registration and procedures related to registration of residence. It welcomed efforts to find solutions to problems relating to access to late birth registration, which had resulted in a significant decrease in the number of Roma at risk of statelessness in the country.

    Stakeholder Summary:
    Para 87) JS2 stated that the groups most at risk of statelessness were those who were not registered in the birth registry, … ERRC highlighted the lack of birth registration documents for many Roma in Serbia, stemming from social exclusion, discrimination and forced movement in the 1990s and recommended that Serbia amend the Law on Registries to ensure that all births are registered immediately.
    Para 88) JS3 affirmed there was still no legally binding instrument that would provide Roma children born from undocumented mother to be registered in birth registry books immediately after birth.

  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    UN Compilation

    Issue:
    • Birth registration
    Type:
    Review Documentation
    Session:
    15th session, February 2013
    Status:
    Reference Addressed
    Contents:
    CERD was concerned that Roma lacked personal identification documents and birth certificates, and urged Serbia to ensure that all persons lacking personal documents have access to registration and documents to exercise their rights. The HR Committee raised similar concerns and recommendations. [Para 56]
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Rights of same-sex desiring persons
    Type:
    Review Documentation
    Session:
    15th session, February 2013
    Status:
    Neglected
    Contents:
    According to JS4, same-sex couples are deprived of any form of legal recognition thus deprived of any rights as a family even if they co-habit and constitute the de facto family. JS4 noted that same-sex couples were not allowed to jointly adopt children as Serbian law did not recognize any parental or custodial rights and obligations for a partner in a same-sex couple regarding the child of the other partner and prohibited second-parent adoption of the child. [Para 43]
  • State Under Review:

    Serbia

    Serbia
    Regional group
    EEG
    Source Of Reference:

    UN Compilation

    Issue:
    • Early marriage
    • Harmful practices based on cultural / traditional values
    • Women's and / or girls' rights
    Type:
    Review Documentation
    Session:
    3rd session, December 2008
    Status:
    Neglected
    Contents:
    Enforce the legal minimum age of marriage, which is set at 18, and take awareness-raising measures throughout the country on the negative effects of early marriage on women's enjoyment of their rights. [Para 24; CEDAW, CRC]