Serbia-29th Session, January 2018-Discrimination based on sexual orientation, Discrimination based on gender identity

National Report

Para 91) The Pride Parade was held again in 2021, while the European Pride Week was also held in 2022, despite increased security risks.

Para 92) By the end of 2022, according to the special records kept for Article 54a of the CC, it was applied in 35 and convictions were passed in 13 cases. In terms of personal characteristics as the basis of hate crimes, the most common is sexual orientation (18 cases).

Para 93) Amendments to the Law on Registers enabled entering data on gender change in the register.

Para 94) The Government's work plan for 2021 included the drafting of the Draft Law on Same-Sex Unions, and the draft of this regulation was drafted in the same year by the MHMRSD on the proposal of the Draft Law on Same-Sex Unions held on 10 March, 2021.

Para 95) In the following period, an analysis of the status and rights of intersex and transexual persons will be carried out in order to improve the normative framework.

Para 96) The first community center for LGBTI persons in Serbia was opened in Novi Sad in April 2018.

Para 97) Six out of eight textbooks with discriminatory content against the LGBTI population have been replaced.

State under Review
Stakeholder Summary

Para 8) PoCRS reported that in the period from 2018 to 2021, the Pride Parade was held three times without incident. Numerous activities within EuroPride 2022 took place without incidents, but the walk was banned for security reasons by the Ministry of Interior, and was then held on a changed, shortened route with significant police security.

Para 97) BCN noted that despite Serbia’s anti-discrimination legislation and international commitment to human rights treaties, the country did not include LGBTQI+ topics in national curricula, teachers received no mandatory training on LGBTQI+ awareness, and inclusive education policies lacked effective implementation.

UN Compilation

Para 17) … A draft law on same-sex unions had been prepared in 2021 and was pending adoption.

Para 51) The United Nations country team reported that threats, and in some cases physical attacks on premises and individuals, against civil society organizations, human rights defenders and activists, mostly against those working on transitional justice, media freedoms, the rights of lesbian, gay, bisexual, transgender and intersex persons and climate change, continued to be recorded. Reportedly, many of those attacks had not been thoroughly investigated and the perpetrators had not been prosecuted. Some of the attacks had led to mass protests, occasionally dispersed by the police.

Para 100) The United Nations country team stated that, in 2020, the Ministry for Human and Minority Rights and Social Dialogue had announced the development of a draft law on same-sex unions and had involved a working group of experts and civil society organizations. The adoption of the law was still pending.

Para 101) The United Nations country team, noted that hate crimes against lesbian, gay, bisexual, transgender and intersex persons occurred frequently and were not adequately prosecuted and sanctioned. Family violence against lesbian, gay, bisexual, transgender and intersex persons included verbal and physical abuse, eviction from family homes and forced medical treatment. Roma lesbian women had been identified as particularly vulnerable, being exposed to intersectional discrimination and violence, including within their communities and families. Transgender persons were often pathologized, and a lack of necessary and adequate hormone therapy medications was reported.