The Equal Rights Trust is the global centre for excellence in equality law. Our vision is an equal world and our mission is to eliminate discrimina- tion and ensure everyone can participate in society on an equal basis. We work in partnership with equality defenders to secure the adoption and implementation of equality laws. In 2009 the Republic of Serbia adopted the Law on the Prohibition on Discrim- ination (LPD), which, alongside other important pieces of equality legislation and underpinned by a Constitutional protection for equality, establishes an almost comprehensive regime for the protection of the rights to equality and non-discrimination. Equality in Practice EQUAL RIGHTS TRUST RIGHTS EQUAL Despite this, evident inequality and discrimination persists in all areas of Ser- IMPLEMENTING SERBIA’S EQUALITY LAWS - bian life. Just short of the LPD’s tenth anniversary, this study finds evidence of rightsnumerous to equality flaws in and the non-discrimination implementation of in Serbia’s practice. equality and non-discrim ination framework. These flaws are limiting the effective realisation of the inter alia, evidence of aThis lack study of public identifies awareness the key of equality factors thatlaw andare concepts,preventing high Serbia’s court frameworkcosts, frag- mentedon equality legal from aid provision,providing effectivephysical andprotection. structural It finds, barriers preventing access Equality in Practice to courts, procedural delays, mistrust in the judiciary, and weaknesses in the current legislative framework. The study notes that none of these issues are insurmountable and concludes by making a series of recommendations to the state to this end. By following these recommendations, it is hoped that the aspiration evident in the LPD of an equal Serbia, may begin to come to fruition. This publication was produced with the financial support of the European Union. Its contents are the sole responsibility of the Equal Rights Trust and do not necessarily reflect the views of the European Union. www.equalrightstrust.org EQUAL RIGHTS TRUST EQUAL RIGHTS TRUST Equality in Practice IMPLEMENTING SERBIA’S EQUALITY LAWS London, January 2019 The Equal Rights Trust is the global centre for excellence in equality law. Our vision is an equal world and our mission is to eliminate discrimination and ensure everyone can participate in society on an equal basis. We work in partnership with equality defenders to secure the adoption and implementation of equality laws. © January 2019 Equal Rights Trust © Cover Design: Istvan Fenyvesi © Cover Photo: Darko Vojinovic/AP/Shutterstock Photo caption: “A man walks through the tunnel painted in the colours of the SerbianPrinted flag in in the downtown UK by Stroma Belgrade, Ltd Serbia.” ISBN: 978-1-9996789-4-4 al system or transmitted in any form or by other means without the prior written permission of All rights reserved. No part of this publication may be translated, reproduced, stored in a retriev- the publisher, or a licence for restricted copying from the Copyright Licensing Agency Ltd., UK, or the Copyright Clearance Centre, USA. Equal Rights Trust 244-254United Cambridge Kingdom Heath Road London, E2 9DA www.equalrightstrust.orgTel. +44 (0)207 610 2786 The Equal Rights Trust is a company limited by guarantee incorporated in England, and a registered charity. Company number 5559173. Charity number 1113288. This publication was produced with the Europeanfinancial support Union. of the European Union. Its contents are the sole responsibility of the Equal Rights Trust and do not necessarily reflect the views of the Table of Contents Acknowledgements Acronyms and Abbreviations Executive Summary 1. BACKGROUND AND CONTEXT 1 1.1 Purpose and Structure of the Study 2 1.2 Conceptual Framework 3 1.3 Project Team 3 1.4 Research Methodology 4 1.5 Country Context 7 1.6 Recent Historical and Political Context 8 1.7 Branches of Government and Statutory Bodies 10 1.8 Discrimination in Serbia: Why is this Study Needed? 14 2. THE LEGAL AND POLICY FRAMEWORK RELATED TO EQUALITY 26 2.1 International and Regional Law 26 2.1.2 Other Treaties Related to Equality 29 2.1.1 Major United Nations Treaties Related to Equality 26 2.1.3 Regional Human Rights Treaties 30 2.1.4 European Union Legislation Related to Equality 31 2.1.5 Customary International Law 32 2.1.6 Status of International Obligations in National Law 33 2.2 National Law 34 2.2.1 The Constitution 34 2.2.2 Specific Anti-Discrimination Laws 39 2.2.2.1 Interaction Between the Specific Anti-Discrimination Laws 40 2.2.2.2 The Law on the Prohibition of Discrimination 46 2.2.2.3 The Law on the Prevention of Discrimination of Persons with Disabilities 60 2.2.2.4 The Law on Gender Equality 66 2.2.3 Non-Discrimination Provisions in Other Legal Fields 71 2.3 National Policies 78 3. ENFORCEMENT AND IMPLEMENTATION OF SERBIA’S EQUALITY LAWS 81 3.1 Access to Justice 81 3.1.1 Legal Framework 82 3.1.2 Practical Barriers 87 3.2 Remedies and Sanctions 93 3.2.1 Civil Proceedings 94 3.2.2 Complaints Procedure to the Commissioner 97 3.2.3 Misdemeanour Proceedings 100 3.3 Enforcement 100 3.3.1 The Judiciary 100 3.3.2 The Commissioner for the Protection of Equality 105 3.4 Compliance with Equality Laws by State and Private Actors 115 4. RECOMMENDATIONS 121 Annexes Bibliography 127 141 Acknowledgements Praxis This study is publishedSandzak by the Equal Committee Rights Trust, in partnership with Associa- projecttion of Citizens between Praxis the partners ( )that and seeks Sandzak to increase Committee protection for Protection from all of forms Human of discriminationRights and Freedoms in Serbia ( through legal and policy). The reform. study forms The study part of is a published two-year in both an English-language and a Serbian-language version. oped by the Equal Rights Trust. The lead researchers of the study were Professor The conceptual framework, structure and research methodology were devel- Nevena Petrušić, the inaugural Commissioner for the Protection of Equality in Serbia (2010–2015) and professor at the Faculty of Law at the UniversityResearch of Nis, Consultantsand Ms Kosana Beker, Assistant to the Commissioner for the Protection of Equal- ity in Serbia (2010–2016) and equality law academic and consultant ( ). Lucy Maxwell, Legal and Programmes Officer at the Equal Rights Trust, conducted research on international and regional human rights law and editorialbest practice. oversight. Professor Petrušić, Ms Beker and Lucy then co-drafted the study. Joanna Whiteman, the Trust’s Co-Director, provided guidance and substantive The Trust and its partners wereĆirić greatly assisted in the development of the study, by a six-member expert Working GroupĐurić comprising the following leaders from Serbia’s civil society: Dragana Milovanović and Lazar Stefanovic (Mental Disability Rights Initiative); Milan (Gayten); Tamara Lukšić Orlandić (inde- pendent expert); Vanja Macanović (Autonomous Women’s Centre); Osman Balić (S-KRUG League of Roma); and Vladimir Petronijević (Grupa 484). The Working Group provided feedback on the research methodology, facilitated three com- munity consultation meetings, provided written comments on the study’s con- tents and attended a two-day study validation meeting in June 2018. The Trust content.would like to thank each individual member of the Working Group for their con- tributions to the research for this study and their advice on the study’s form and The findings and recommendations of this study are based on extensive field rangeresearch of stakeholdersconducted from including mid-2017 government to early and 2018. private As sector outlined representatives below, the Research Consultants conducted over fifty one-to-one interviews with a wide lawyers and civil society organisations in different regions of Serbia. The team and attended focus groups with more than 150 survivors of discrimination, vii would like to thank all of those persons who gave their time and reflections to shape the findings of the study. conducted interviews and focus groups with survivors of discrimination in Five Serbian civil society organisations, whose work was co-ordinated by Praxis, different regions of Serbia. The organisations were: Da se zna! (It should be known!); Roma Researchers; The Network of the Committees for Human Rights in Serbia (CHRIS); the Association of Students with Handicaps; and the Centre for Prevention of Crime and Post-Penal Help (NEOSTART). Union. The contents of the study are the sole responsibility of the Equal Rights This study has been produced with the financial assistance of the European European Union. The Trust wishes to extend its sincere thanks to the staff at the EuropeanTrust and Unioncan in whono circumstances have supported be ourregarded work. as reflecting the position of the Acronyms and Abbreviations Anti-Discrimination Action Plan for the Implementation of the Action Plan Anti-Discrimination Strategy Anti-Discrimination Strategy Strategy of Prevention and Protection Against 2014–2018 CAT InhumanDiscrimination or Degrading 2013–2018 Treatment or Punish mentConvention against Torture and Other Cruel, CAT Committee Committee against Torture - CEDAW Convention on the Elimination of all Forms of Discrimination against Women CEDAW Committee Committee on the Elimination of all Forms of Discrimination against Women CERD Committee on the Elimination of Racial Dis crimination CESCR - Rights CHRIS Committee on Economic, Social and Cultural in Serbia Commissioner CommissionerNetwork of the forCommittees the Protection