UPR Sexual Rights Database

National Report:
Para 6) The following laws were also adopted, namely: 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) ...

Para 42) RS created a normative and strategic framework for strengthening the position of women by adopting the Law on Gender Equality, National Strategy for Improving the Position of Women and Promoting Gender Equality with the Action Plan for its implementation for the period 2010-2015, as well as National Action Plan for the implementation of UN SC Resolution 1325 on Women, Peace and Security in RS for the period 2010-2015.

Para 43) The Law regulates the general principle of equal opportunities, representation and access to bodies of executive authorities and possibilities of political actions. Accordingly, the Law on Amendments and Addenda to the Law on Election of Deputies, which
stipulates that for every three candidates on the electoral list, in the order they are listed (first group of three places, second group of three places and so on until the end of the list), there shall be at least one candidate of the gender less represented on the list. The same solution was envisaged by the Law on Amendments and Addenda to the Law on Local Elections. These solutions have for the first time been applied in national and local elections scheduled for 6 May 2012.

Para 44) According to the Law, political parties shall be obliged to adopt an action plan every four years with specific measures for encouraging and promoting equal representation of women and men in party's organs, in nomination of candidates for deputies and aldermen, and they shall be obliged to upload the plan on their official website.

Para 45) The National Strategy includes areas that affect participation of women in creating policies and decision-making in the field of economy, education, health, violence against women, and issues related to the media and public opinion.

Para 46) The Provincial Secretariat for EEGE adheres to the implementation of the Law on
Gender Equality and Decision on Gender Equality. By conducting activities related to
raising awareness and informing about and promoting the gender equality concept, the Provincial Secretariat for EEGE advocates greater involvement of women in decision- making processes.

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 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.
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.
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.

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 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.