UPR Sexual Rights Database

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, ...

The Coordination Body for Gender Equality has been continuously undertaking numerous efforts to make a positive impact on women's participation in the economy, education and health. Among others, it initiated and implemented, in cooperation with the National Alliance for Local Economic Development and Ethno Network of Serbia, the project "We bring work for 1000 women in rural areas".
It also supported the implementation of the Inspiring girls initiative, originating from the United Kingdom, aimed at changing gender stereotypes about male and female sexes and empowering girls to get educated and involved in the work in the information technology sector.
The Coordination Body regularly supports the implementation of the project of the Association of Businesswomen of Serbia for the award of the Success Flower for a Dragon Woman for the most successful women entrepreneurs in Serbia. Participating in numerous conferences dealing with these issues, it regularly sends messages that women can and should change Serbia, such as the conference "Women of Influence - Can Women Change Serbia." Awareness-raising activities include media campaigns focused on education of and support to women such as the campaign focused on the prevention of breast cancer.
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.

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.

National Report Annex:
The Strategy for the Prevention and Protection from Discrimination in the Republic of Serbia and the relevant Action Plan establish the policy of the Government of the Republic of Serbia through 2018 in the field of prevention and protection from discrimination. It is the first document treating the issue of discrimination in a comprehensive manner.
The Strategy recognizes nine vulnerable social groups exposed to increased risk of discrimination in various areas; based on affiliation with national minorities; women; LGBT persons; persons with disabilities; elderly persons; children; refugees, internally displaced persons and other vulnerable migrant groups; based on religious affiliation and other persons whose health may be a reason for discrimination.
The systematic nature of monitoring the implementation of measures and activities is achieved through the work of the Government Council for monitoring the implementation of the Action Plan for the Implementation of the Strategy for the Prevention and Protection from Discrimination.
The Council was established on 13 August 2015, tasked with monitoring progress in the implementation of measures and activities, adherence to the envisaged timeframes, and timely warnings of challenges in implementing measures under the realization of the Action Plan for the implementation of the Strategy. The Council has 14 members, representatives of state bodies, autonomous province bodies, local self-governments, representatives of civil society organizations and the Regulatory Body for Electronic Media.
Representatives of the competent committee of the National Assembly of Serbia, Ombudsman, Commissioner for Information of Public Importance and Protection of Personal Data, as well as Commissioner for the Protection of Equality and the provincial Ombudsman have the right to attend Council sessions and otherwise be involved in its work. If needed, the Council may invite representatives of other bodies and organizations to attend their sessions.
Aiming to establish continuity in monitoring the measures and activities envisaged by the Action Plan, as well as more efficient intersectoral cooperation, all sectors tasked with the implementation of goals from the action plan nominated contact persons and their deputies.
The Action Plan is being monitored through periodic reports, with five periodic reports on the implementation of the Action Plan produced thus far, concluding with Q2 2017.
As part of the preparations for drafting a new strategic document, since the current Strategy is valid through 2018, the professional analysis is under way of the effects of the application of the Action Plan for the implementation of the Strategy for the Prevention and Protection from Discrimination for the period 2014-2018.
In the field of protection of Roma, national minorities, women, persons with disabilities, strategies and action plans are being implemented for the improvement of the status of these vulnerable social groups.
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.

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.

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.
Activities aimed at implementing the recommendation are being continuously implemented.

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 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 60) JS4 indicated that there were municipalities which had not established equality mechanisms.