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Gay Straight Alliance, May 17, 2011

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Gay Straight Alliance, May 17, 2011 [STEP BY STEP] REPORT ON HUMAN RIGHTS STATUS OF LGBT PERSONS IN SERBIA 2010 REPORT PRODUCED BY Gay Straight Alliance, May 17, 2011 COVER ILLUSTRATION Caricature: Predrag Koraksić Corax – published October 11, 2010 Daily news “Danas“ PRIDE PARADE PHOTOS © Radio Free Europe 02 C O N T E N T S I INTRODUCTION FRAMEWORK 08 II SUMMARY 10 III RIGHT TO LIFE 12 IV INVIOLABILITY OF BODILY AND 14 PSYCHOLOGICAL INTEGRITY V THE RIGHT TO A FAIR TRIAL AND THE RIGHT 26 TO EQUAL PROTECTION AND REMEDIES VI INVIOLABILITY OF DWELLING 34 VII PROTECTION OF PERSONAL DATA 36 VIII FREEDOM OF ASSEMBLY 37 IX RIGHT TO WORK 49 X THE RIGHT TO EDUCATION 51 XI HEALTHCARE 55 XII AVAILABILITY OF SERVICES AND GOODS 58 XIII ATTITUDES OF POLITICAL PARTIES AND GOVERNMENT 59 INSTITUTIONS TOWARD LGBT POPULATION 03 T H A N K S ! Members of Gay Straight Alliance Victims of violence and discrimination who gathered the courage to speak out and report their cases British Embassy in Belgrade for their financial support in the development and promotion of this report, as well as for the great support of the LGBT population in Serbia in the fight to improve human rights Police officers who protected Pride Parade participants Partners from the NGO sector: Alternative Cultural Centre Nis, Anti-Trafficking Centre, BelgradeCentre for Human Rights, Belgrade Fund for Political Excellence, E8 Centre, Centre for Modern Skills, Centre for Euro- Atlantic Studies, Centre for Cultural Decontamination, Centre for New Politics, Centre for Youth Work, Centre for Empowerment of Young People Living with HIV / AIDS “AS”, Centre for Gender Alternatives – AlteR, Centre for Free Elections and Democracy - CeSID, Centre “Living Upright”, Civil Rights Defenders, Dokukino, Europe Has No Alternative, European Movement in Serbia, Dr. Zoran Đinđić Fund, Humanitarian Law Centre, Fractal, Civic Initiatives, Heartefact Fund, Helsinki Committee for Human Rights, Initiative 33, the Youth Initiative for Human Rights, Initiative for Inclusion “BigSmall”, Institute for Sustainable Communities - ISC, Association for Fight Against AIDS - JAZAS, Lawyers Committee for Human rights - YUCOM, KRIO - Collec- tive for Development and Sustainability, LINET, JAZAS Youth, Youth NGO, Praxis, Regional Centre for Minorities, Domestic Violence Counseling Centre, Citizens Association for Diversity Promotion “Fata”, Association of Students with Disability, Union of European Federalists, Urban-In, Women in Action and many others… LGBT organisations in Serbia: Centre for Queer Studies, Gayten LGBT, Gay Lesbian Info Centre - GLIC, Labris - Organisation for Lesbian Rights, Novi Sad Lesbian Organisation - NLO, Queeria Centre, Safe Pulse of Youth - SPY and others International partners: Amnesty International, Athens Pride, CARE International, the European Commission, Front Line Defenders, the European Parliament Intergroup on LGBT Rights, Friedrich Naumann Founda- tion for Freedom, Heinrich Boll Stiftung, Human Rights Watch, Gloucestershire Pride, IGLHRC, ILGA Europe, Justice in the Balkans: Equality for Sexual Minorities, the Office of the High Commissioner for Human rights , Labrisz Lesbian Association, Lesbian group Kontra, Ljubljana Pride, MiGay, Development Department of the United Nations, the Organisation for Security and Cooperation in Europe - OSCE, Pride Solidarity, Queer Parade Brno, Rainbow Rose, Council of Transgender Europe and many other national LGBT organisations in Europe 04 T H A N K S ! Embassies: Austria, France, Canada, the Kingdom of Belgium, the Kingdom of Denmark, the Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of Spain, the Kingdom of Sweden, Hungary, Federal Republic of Germany, the United States of America, Slovenia, Switzerland, United Kingdom of Great Britain and Northern Ireland State institutions: Agency for European Integration and Cooperation with Associations of Belgrade, Serbian European Integration Office, Ministry of Culture, Ministryof Youth and Sport, Ministry of Justice, Ministry of Labour and Social Affairs, Ministry of the Interior, Ministry of Human and Minority Rights, Ministry of Health, Committee for Defence and Security of the Serbian Parliament, Commissioner for Gender Equality, Speaker of the Assembly of the Republic of Serbia, Serbian President Boris Tadić, the Public Prosecutor, the Assembly of the Autonomous Province of Vojvodina, Team for Social Inclusion and Poverty Reduction within the office of the Deputy Prime Minister for European Integration, Ombudsman Political parties: The Democratic Party, Democratic Left Roma, G17 plus, the Liberal Democratic Party, Democratic League of Vojvodina, Alliance of Vojvodina Hungarians, the Social Democratic Party of Serbia, Social Democratic Union, the Socialist Party of Serbia, the Serbian Progressive Party, Serbian Radical Party, Serbian Renewal Movement, the Green Ecological Party - Green Media and media associations: 24 hours (24 sata), the Associated Press, Avala, B92, Beta, Blic, Danas, Dnevnik, e-newspapers, FoNet, Happy TV, Index Radio, Infobiro, Mondo, MTV, the Independent Association of Vojvodina Journalists, Independent Association of Journalists of Serbia, NIN, Radio Belgrade, Radio Free Europe, Pink, Politika, First TV, Radio 021, Radio Belgrade, Reuters, RTS, Studio B, Evening News, Tanjug, Serbian Association of Journalists, Time (Vreme) Yellow Cab Companies: Real estate agency Triumph011, Bella Centre, EXIT Festival, Ginger RCA, Interprint, Cafe Smiley, KC Grad, Club Apartman, Klub Pleasure, Outline, Creative, Media centre Belgrade, Oriontelekom Hosting, Radio Café, Safa and many others… And all the others who support LGBT people in Serbia. 05 06 GSA FOREWORD The Pride Parade is undoubtedly the most significant event in 2010 for the human rights of lesbian, gay, bisexual and transgender (LGBT) people in Serbia. This event greatly contributed to an increase in visibility for LGBT people and the visibility of problems that this population faces every day and that are primarily related to a high degree of homophobia and discrimination as well as high exposure to violence. These problems cannot be resolved only by a Pride Parade but through a systematic approach and specific measures. The issue of the LGBT population is very complex and it affects all segments of the system from the police, to the justice system, culture, health, education, economy and many others. It is the responsibility of the state and its institutions to take, in the future, all necessary steps to ensure, protect and promote the equality of all citizens of our country regardless of their personal characteristics. Sincerely, Gay Straight Alliance 07 I INTRODUCTION FRAMEWORK Prevention and reduction of violence and discrimination against LGBT people is certainly imposed as a priority when it comes to improving the status and equality of rights of LGBT people in Serbia. Serbia has an adequate legal framework for combating violence and discrimination against LGBT people. In addition to the Serbian Constitution and the Criminal Code, there are in force several more laws that sanction discrimination based on sexual orientation, above all the Anti- Discrimination Law, the Labor Law, the Law on Higher Education, the Law on Broadcasting and the Law on Public Information. Unfortunately, legislation in Serbia still does not recognize the institution of “hate crimes” that in many developed countries is treated as an aggravating circumstance in judicial proceedings. Although there is a legal framework as well as a great number of recommendations to reduce violence and discrimination provided by European institutions, the Council of Europe and the United Nations, Serbia so far has not a single strategy or so-called “harmonized sectored policy” related to LGBT people and their social inclusion, even if it has adopted some 30 strategies in various fields. Chronic problems of implementation, i.e. lacking the mechanisms and willingness for enforcement of existing laws, is perhaps the most strikingly obvious example of the attitude towards the LGBT population. The most important political process that is currently taking place in Serbia is certainly European integration and by the end of 2011 Serbia’s candidacy status will be known, in other words, whether or not it meets the initial conditions required to become part of the EU in the near or distant perspective. This process should be viewed primarily as a great opportunity to realize all the necessary changes and improvements that Serbia has failed to fulfill for so many years now, mostly because of generally known reasons. Previous reports by the European Commission (EC) on the progress of Serbia’s accession to the European Union devoted considerable attention to human rights and most endangered minority groups, including the LGBT population. The Commission’s recommendations to reduce violence and discrimination are very clear and unambiguous, and European standards in terms of balancing the rights of people with different sexual orientation include a wide range of areas such as employment, access to goods and services, the right to freedom of assembly, etc. Unlike previous years, politicians have become more affirmative in their statements related to the human rights of LGBT people. Clearly expressed political will is one of the important factors that, after several attempts, led to the Pride Parade. On several occasions, state institutions treated the question of LGBT population as very important, and the efforts of the Ministry for Human and Minority Rights, Ministry of Internal Affairs, Parliamentary
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