teams for the protection against violence are not functional or do not implement actions
according to the prescribed procedure, do not perform adequate violence estimations and do
not plan adequate measures and frequently there is no adequate cooperation and joint actions
of schools and centers for social work. Due to confirmed omissions in operation in several
cases the Protector of Citizens recommended to competent inspections42 to provide additional
trainings for educational inspectors with the aim of better recognition of violence and more
adequate application of regulations in the protection of children against violence.
Several cases about which the media reported indicated to insufficient recognition of
problems and inadequate control of entrance into educational institutions. The Protector of
Citizens believes that students on-call assignments cannot be the manner in which schools
provide this type of control, so in one case he recommended to an educational institution43 to
avoid student on-call assignments emphasizing that this activity is not in the interest of
children nor it is of educational character.
In the reporting period numerous regulations referring to the level of exercise of child right
are amended and new ones were passed. However, the Strategy for the prevention and
protection of children against violence expected for several years is still not adopted.
An important amendment to the Criminal Code44 is the provision that criminal prosecution
and execution of punishment does not become out of date for criminal offences for which the
punishment of lifetime imprisonment the punishment is prescribed. Among these criminal
offences there are criminal offences committed to the detriment of children, such as rape,
statutory rape of powerless person, statutory rape by the abuse of position and statutory rape
of a child. The legal minimum is increased to 5 years if due to the execution of the criminal
offence of domestic violence a family member died and if a minor family member died, the
prison sentence cannot be below 10 years. Nevertheless, the criminal-legal protection of
children is still not in compliance with the Council of Europe Convention on Protection of
Children against Sexual Exploitation and Sexual Abuse . The initiative of the Protector of
Citizens for the amendments to the Criminal Code45 is not entirely accepted, which resulted
in perseverance of some of key problems: the level of criminal-legal protection of a child
victim depending on age; criminal offences Extramarital community with a juvenile and
Incest, even though in its essence they refer to sexual activities with a child, are not prescribed
as criminal offences against sexual freedom so for them there is no option of application of the
Law on Special Measures for the Prevention of Criminal Offences against Sexual Freedom to
Juveniles46. In this manner the lower level of protection of children against detrimental
practices and violation of rights in early and coercive marriages is stipulated, in comparison
to the improved protection which is prescribed for other forms of criminal offences of sexual
harassment, abuse and exploitation committed against children.
What is important is the new provision of the Law on Enforcement and Provision47 which
prescribes that a child, in execution proceedings of handover of the child, takes and submits
Available at: https://www.ombudsman.rs/index.php/2012-02-07-14-03-33/6129-s-r-ri-z-br-z-v-nj-i-d-c-u-z-shi-u-gr-d-b-gr-d-ubuduc-d-spr-v-di-insp-ci-s-n-dz-r-pr-viln-z-ni-fi-sn-i-p-pun.
43 Available at: https://www.ombudsman.rs/index.php/2012-02-07-14-03-33/6099-sn-vn-sh-l-p-r-cic-d-b-zb-did-uc-nici-n-b-vlj-u-d-zurs-v-u-sh-li.
44 Law on Amendments to Criminal Code, “Official Gazette of RS“, no. 35/19.
45 “Official Gazette of RS“, no. 85/05, 88/05 - corr., 107/05 - corr., 72/09, 111/09, 121/12, 104/2013, 108/14, 94/16
and 35/19.
46 “Official Gazette of RS“, no. 32/13.
47 Law on Amendments to the Law on Enforcement and Provision “Official Gazette of RS“, no. 54/19 which shall
come into force on 1st January, 2020.
42
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