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Human Rights in Serbia SOME OTHER PUBLICATIONS OF THE BELGRADE CENTRE FOR HUMAN RIGHTS The Belgrade Centre for Human Rights The Belgrade Centre for Human was established in 1995 by a group of human Rights (BCHR) has been publishing its Series HUMAN RIGHTS rights experts and activists as a non-profit, synthetic and comprehensive reports HUMAN non-governmental organisation. The main Vojin Dimitrijević – Milan Paunović – Vladimir Đerić, on the state of human rights in the purpose of the Centre is to study human Human Rights– A Textbook (in Serbian), 1997 country since 1998. The purpose of rights and humanitarian law, to disseminate Thomas Buergenthal,International Human Rights in a Nutshell (in Serbian), these synthetic reports is to analyse knowledge about them and to educate indivi- 1997 duals engaged in these fields. The Centre all the collected information about the RIGHTS Andraž Zidar,Lustration (in Serbian), 2001 hopes thereby to promote the development of events and actions affecting the state Christian Tomuschat,Human Rights between Idealism and Realism (in Serbian), democracy and rule of law in Serbia and of human rights in the country and to 2006 Montenegro. highlight the problems and difficulties Karen Reid, A Practitioner’s Guide to the European Convention on Human Rights IN SERBIA The recipients of the services of the citizens have been encountering in (in Serbian), 2007 Centre and its target groups have been exercising their human rights. They members of legislative bodies, judges and Philip Leach,Taking a Case to the European Court of Human Rights (in Serbian), 2013 other members of the legal profession, law also drew attention to the state’s 2007 enforcement officers, military officers, NGO failure to implement strategies and Ivan Janković, Prohibition of Ill-treatment – Manual for Police Officers and Prison plans geared at promoting human activists, teaching staff of institutions of Staff,(in Serbian) 2010 higher learning, other educators, students, rights and the implementation of laws, Series DOCUMENTS Belgrade Centre for Human Rights journalists etc. instances of discrimination, the status The most important areas of the of specific categories of the population, Vesna Petrović (ed.), Selected Decisions on Human Rights IV – Judgments of the European Court of Human Rights Regarding Minors, 2006. Centre's activity are education, research, which are at a disadvantage vis-à-vis publishing, organisation of public debates, Raija Hanski and Martin Scheinin, Leading Cases of the Human Rights the majority, and many other circum- meetings, lectures and other forms of Committee, 2007 stances affecting the full enjoyment of educating and informing the public about Series TEXTBOOKS human rights and having simulta- human rights, proposing model laws and neously strong political implications Antonio Cassese,International Criminal Law (in Serbian), 2005 recommendations for legislative reforms and reforms of state institutions, as well as and effects on the state of human Vojin Dimitrijević – Obrad Račić – Vladimir Đerić – Tatjana Papić – Vesna reporting about the state of human rights. rights in the country. Petrović – Saša Obradović,Public International Law (in Serbian), Second edition 2007 The Belgrade Centre for Human Rights Since 2012 the BCHR is also has organised more than a hundred semi- Vojin Dimitrijević – Tatjana Papić – Vesna Petrović – Dragoljub Popović, nars and roundtables in Serbia and Monte- extensively researching the case law of International Human Rights Law (in Serbian), Third edition 2012 Serbia’s courts, notably their ap- negro, Croatia, Bosnia and Herzegovina, and Series REPORTS Macedonia, established training programs plication of international standards in for future lecturers on human rights issues Slobodanka Nedovićć – Aleksandra Jovanovi (eds.), Economic and Social Rights in proceedings in which the parties and judges; hosted international conferences the Federal Republic of Yugoslavia (in Serbian and English), 1998 claimed human rights violations, and lectures on issues of human rights and particularly the case law of the Human Rights in FRY – A Comprehensive Report for 1998, 1999,,,2000 2001 2002 democracy. (in Serbian and English), 1999, 2000, 2001, 2002, 2003 Constitutional Court of Serbia, given The Centre has published more than15 0 its jurisdiction to rule on consti- Human Rights in Serbia and Montenegro 2003,,2004 2005 (in Serbian and books. Among them are volumes devoted to English), 2004, 2005, 2006 tutional appeals. specific issues, university textbooks of public Human Rights in Serbia 2006,,,,, 2007 2008 2009 2010 2011, 2012 (in Serbian and international law, human rights and huma- The Report does not offer final English), 2007, 2008, 2009, 2010, 2011, 2012, 2013 nitarian law, collections of essays on human assessments; rather, it presents data Žarko Marković (ed.) , Treatment of Persons Deprived of Liberty rights and humanitarian law, compilations published by the media and in human (in Serbian and English), 2010 of international documents on human rights, rights reports. OCCASIONAL PUBLICATIONS translations of books of foreign scholars, etc. For its accomplishments the Centre was Konstantin Obradović,Responsibility of States for International Delicts (in awarded theBruno Kreisky Prize for 2000. Serbian), 2000 The Belgrade Centre is member of the Thomas Buergenthal,A Lucky Child , (in Serbian), 20 10 Association of Human Rights Institutes HUMAN RIGHTS IN SERBIA 2013 (AHRI). K Y K Y C C M M Series Reports 21 Series Reports HUMAN RIGHTS IN SERBIA 2013 LAW, PRACTICE AND INTERNATIONAL HUMAN RIGHTS STANDARDS Publisher The Belgrade Centre for Human Rights Beogradska Str. 54, Belgrade, Tel/fax. (011) 308 5328, 344 7121 e-mail: [email protected]; www.bgcentar.org.rs For the publisher Dr. Vesna Petrović Editor Dr. Vesna Petrović Translation Duška Tomanović Cover photograph Una Vukićević ISBN 978-86-7202-148-6 Prepress and printing Dosije studio, Belgrade HUMAN RIGHTS IN SERBIA 2013 LAW, PRACTICE AND INTERNATIONAL HUMAN RIGHTS STANDARDS Belgrade Centre for Human Rights Belgrade, 2014 The translation and printing of this Report was supported by the donations of the Belgrade Centre for Human Rights staff Content CONTENT Abbreviations. 13 Preface . 17 Research Methodology . 18 Introduction . 21 SUMMARY AND RECOMMENDATIONS . 28 1. Serbia and Its International Obligations . 28 Recommendations . 28 2. Constitutionality, Legality and Effectiveness of Legal Remedies 29 Recommendations . 29 3. Independent Human Rights Protection Authorities . 30 Recommendations . 31 4. Right to Life . 31 Recommendations . 33 5. Prohibition of Ill-Treatment and Status of Persons Deprived of Liberty. 33 Recommendations . 35 6. Prohibition of Slavery and Forced Labour . 35 Recommendations . 37 7. Right to Liberty and Security of Person. 37 Recommendations . 38 8. Judicial Reform . 39 Recommendations . 41 9. Right to Privacy and Confidentiality of Correspondence. 42 Recommendations . 43 10. Personal Data Protection and Protection of Privacy. 44 Recommendations . 45 11. Freedom of Expression . 46 Recommendations . 47 12. Freedom of Association. 48 Recommendations . 49 5 Human Rights in Serbia 2013 13. Freedom of Peaceful Assembly . 50 Recommendations . 51 14. Status of Asylum Seekers in Serbia . 51 Recommendations . 52 15. Right to Work . 53 Recommendations . 55 16. Right to Just and Favourable Conditions of Work . 55 Recommendations . 56 17. Right to Social Security . 57 Recommendations . 58 18. National Minorities and Minority Rights . 58 Recommendations . 60 19. Status of Roma . 61 Recommendations . 62 20. Status of Persons with Disabilities . 63 Recommendations . 64 21. LGBT Population . 65 Recommendations . 66 22. Gender Equality and Special Protection of Women . 66 Recommendations . 67 I GENERAL CONDITIONS FOR THE ENJOYMENT OF HUMAN RIGHTS . 69 1. International Treaties and Serbia . 69 1.1. Correlation between National and International Law. 69 1.2. International Human Rights Treaties and Serbia . 70 1.3. Fulfilment of Obligations Arising from Membership of International Organisations and Accession to International Treaties . 71 1.4. Serbia before the European Court of Human Rights in 2013 . 73 1.4.1. Statistics . 73 1.4.2. Impact of ECtHR Case Law on the Jurisprudence of Serbia’s Courts with General Jurisdiction. 73 1.4.3. Noteworthy 2013 ECtHR Judgments against Serbia . 74 2. Constitution of the Republic of Serbia and Provisions on Human Rights, Human Rights Restrictions and Derogations . 78 2.1. General . 78 2.2. Restrictions of Human Rights. 79 2.3. Derogation of Human Rights . 80 6 Content 3. Constitutionality and Legality. 81 3.1. Constitutional Court of Serbia – Composition, Election of Judges and Jurisdiction . 81 3.2. Reviews of Constitutionality and Legality before the Constitutional Court of Serbia . 83 4. Effectiveness of Legal Remedies for the Protection of Human Rights Provided by the Serbian Legal System . 84 4.1. General . 84 4.2. Ordinary and Extraordinary Legal Remedies in Serbia’s Legal System. 85 4.3. Constitutional Appeals and Effectiveness of Constitutional Appeals . 87 5. Prohibition of Discrimination, War Propaganda and Advocacy of National, Racial or Religious Hatred . 90 5.1. Prohibition of Discrimination . 90 5.2. Prohibition of Propaganda for War, Advocacy of National, Racial or Religious Hatred and Hate Crime. 92 6. Independent Human Rights Protection Authorities . ..
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