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Serbia Sociological E Study on Homophobia, Transphobia and Discrimination on Grounds of Sexual Orientation and Gender Identity Sociological Report: Serbia Disclaimer : This report was drafted by independent consultants and is published for information purposes only. Any views or opinions expressed in the report are those of the authors and do not represent or engage the Council of Europe or the Office of the Commissioner for Human Rights. Table of Contents A. EXECUTIVE SUMMARY 3 B. DATA COLLECTION 4 C. FINDINGS 5 C.1. Public opinion and attitudes towards LGBT people 5 C.2. Freedom of assembly and association 7 C.3. Freedom of expression 8 C.4. Hate crime - Criminal law 9 C.5. Family issues 11 C.6. Asylum and refugee issues 12 C.7. Social security, social care and insurance 12 C.8. Education 12 C.9. Employment 13 C.10. Housing 13 C.11. Health care 14 C.12. Access to goods and services 14 C.13. Media 15 C.14. Transgender issues 17 C.15. Other areas of concern 17 C.16. Data availability 17 A. Executive summary 1. Serbia is characterised by having a comprehensive and progressive anti-discrimination legislation also covering LGBT persons. However, there is a serious lack of implementation of the law and no Case Law. 2. Surveys show generally very negative public views on LGBT people, and the negative attitudes are reflected by aggressive anti-LGBT discourse and attacks by different Orthodox, fascist and ultra-nationalist groups - often organised in relation to hooligan football fan clubs. Although there are notable exceptions, public authorities generally do not speak out against the hate speech by these groups. 3. Pride events have generated significant controversy in Serbia, latest seen in 2009, where the organisers had to cancel the events due to threats and lack of protection and support from public authorities. The authorities refused authorisation of the planned event. The Prides not only point to severe problems regarding the right to assembly of LGBT persons, but also the fact that LGBT issues in themselves are highly controversial in Serbia: The conflicts related to the pride was one of the most (if not the most) talked about public events in Serbia for months, anti-LGBT graffiti was seen everywhere (without being - at least partly - removed by authorities until after the Pride). 4. Several cases of threats, insults and attacks on LGBT persons and activists have been well documented in recent years. 5. There is no legal recognition of same-sex partnerships in Serbia. The consequences are that same-sex partners have no right to subsistence and maintenance as well as lacking the right to jointly owned property, the occupancy right, the right to inherit a part of the jointly owned property from a deceased partner, the right to obtain information about the health condition of the sick partner and to visit him/her in healthcare institutions. Transgender persons are not allowed to marry in accordance with the rules pertaining to their preferred gender, and they are required to divorce for a legal change of gender or name. 6. Fighting discrimination in schools is not among the strategic goals of the Ministry of Education and is not in the goals of the Framework Action plan for Prevention of the Violence in educational facilities, even though there are numerous cases and indicators of violence in school settings. There is no proper sexual education in primary schools, no representation of LGBT identities or issues in the educational material. 7. There are no quantitative data on discrimination in the labour market, but clear indications that being open at the work place in many cases might be highly problematic. A particular concern is that transgender persons, in particular during transition periods, are practically not able to get employment anywhere. 8. Homosexuality was still officially considered as an illness in Serbia until recently. However, in 2008, the Serbian Health Society finally confirmed its agreement with WHO that homosexuality should not be considered an illness. Nevertheless, medical staff and professionals do not equally follow this change of policy. The Belgrade Team for Gender Dysphoria provides full assistance, treatment and operations to transgender persons - however, this is not covered by the public health insurance. 9. Anti-LGBT rhetoric have been frequently circulated in the media. Still, the situation has improved compared to previous years, not least when it comes to visibility. 3 10. There are no legal grounds for gender reassignment in Serbia. This also means no regulation in terms of obtaining new documents. However, in practice, representatives of the municipalities (where the documents are usually issued) are usually willing to help in issuing new documents. B. Data collection 11. Data have been collected for this report through: 12. A study of available online and print data on the situation regarding homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity in Serbia. 13. Data collection through meetings in Serbia held in Belgrade 6 - 8 April 2010 with: 14. Authorities: • Ministry for Human and Minority Rights • Ministry of Labour and Social Policy • Ministry of Justice 15. NGOs: • Labris • Gay Straight Alliance • Trans Gayten 16. National Human Rights Structures: • Office of the Ombudsman 17. Academic institutions: • Center for Enhanced Legal Studies 4 C. Findings C.1. Public opinion and attitudes towards LGBT people 18. A representative public opinion poll from 2008 1 gives insight into the attitudes towards homosexuals in Serbia. Figures from a similar survey in 2010 are presented in brackets: 19. Seventy per cent of the population consider homosexuality to be a disease. Half of the population think that "homosexuality is very dangerous for the society", and that the state institutions "should work on preventing homosexuality". The issue of homosexuality also has political implications, as 40% agree that "if a party I vote for started talking about the rights of homosexuals, I would stop voting for it". 20. On the other hand, 65% of the population agree that "everyone has the right to their sexual orientation as long as they do not endanger others". This seemingly positive statement should, however, probably be read with "not endangering others" being more or less equal to keeping it private. This is mirrored by the fact that the majority of the population (53%) do not think that there should be public places available for gatherings of homosexual persons, and 73% do not think that "gay prides are a legitimate way of fighting for the rights of homosexuals and that they should happen". 21. The conclusion of the survey is that 67% of the population have "extremely negative" or "mostly negative" attitudes, whereas 11% have "extremely positive" or "mostly positive" attitudes towards homosexuality. 22. Figures from a similar representative survey from 2010 show that: 2 23. 56% of the citizens of Serbia believe that homosexuality is dangerous for society 24. Some 20% are ready to support or justify violence towards same-sex couples 25. 67% believe that homosexuality is an illness (which is three percentage points less compared to the 2008 survey) 26. Some 52% think that “homosexuals are people like all of us” (compared to 38% in 2008) 27. 38% think that homosexual persons are a Western fabrication with the goal to destroy the family and Serbian tradition. 28. The surveys further show that there is a correlation between traditional attitudes regarding gender, family and religion on the one hand, and negative attitudes towards homosexual persons on the other. A similar (although somewhat smaller) correlation is found between authoritarianism and (negative) attitudes towards homosexuality. Correlation is also found between nationalism and negative attitudes towards homosexuality. 1 Gay Straight Alliance, Prejudices Exposed - Homophobia in Serbia . Public opinion research report on LGBT population. Research conducted for Gay Straight Alliance by Centre for Free Elections and Democracy (CeSID). February-March 2008. 2 Gay Straight Alliance, Homophobia in Serbia 2010. Research and analysis of Public Opinion, Views of GLBT Population, Discrimination in the Work Place. Research conducted for Gay Straight Alliance by Centre for Free Elections and Democracy (CeSID). 5 29. The supporters of the Liberal Democratic Party (LDP) are the ones with the most positive attitudes, whereas the supporters of the Socialist Party of Serbia (SPS) are the most negative. 30. Higher middle class respondents as well as persons personally acquainted with homosexual persons tend to have the most positive attitudes. 31. The negative attitudes towards LGBT persons are reflected by aggressive anti-LGBT discourse by different Orthodox, fascist and ultra-nationalist groups - often organised in relation to hooligan football fan clubs. The aggressive anti-LGBT practice of such groups has only been countered by leading politicians with reference to violence being unacceptable, not because they are homophobic and transphobic as such. 3 32. The NGO Labris - lesbian human rights organisation in Belgrade states that until the new Serbian government was formed in July 2008 there was no cooperation with the main body responsible for human rights - the Office for human and minority rights of the Republic of Serbia. The then Head of Office at one point publicly stated (to the Radio Free Europe) that he felt equally disturbed with "the manner in which both ultraconservative organisations and those promoting the right to homosexuality or a different sexual orientation react, when it comes to homophobia." 4 Labris and 31 other human rights organisations asked for his resignation. 33. However, since the new government has been appointed, Labris and Gay Straight Alliance report of much improved cooperation following the establishment of the Ministry of Human and Minority Rights. The drafting of an anti-discrimination law including sexual orientation is mentioned as an example of this. Also, the good cooperation with the Ombudsman, Sasa Jankovic, is appreciated by Labris.
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