the recommendations of the Protector of Citizens are implemented and followed up on a
regular basis11.
The shortcomings which prevent full exercise of the rights on the basis of pregnancy, child
birth and child care are still present, which is indicated by the Protector of Citizens for years.12
Among these shortcomings especially prominent are the illegality and irregularities toward
children and families and especial unfairness and multiple detriment of the provisions which
prescribes that the right to the earnings compensation during the absence from work with the
aim of special child care cannot be exercised for the child for whom the right to the allowance
for the assistance and care of another person. The amendments to the Law on Financial
Support to Families with Children13 still have not been adopted so that these omissions could
be removed.
RIGHTS OF LGBTI PERSONS
The communities of the same gender were not legally regulated even in this reporting period
nor the consequences of the adjustment (change) of sex and gender identity, and also other
essential measures and activities contained in the Action Plan for the Implementation of the
Strategy of Prevention and Protection against Discriminations were not implemented, even
though this strategic document ceased to be valid and a new one still has not been adopted.
The high level of intolerance of young people toward persons of different sexual orientation
and gender identity is still noticeable, but, despite the opinion of the Protector of Citizens, in
the Law on Textbooks the provision which contains explicit prohibition of discrimination on
the basis of sexual orientation and gender identity has not been included or the explicit
prohibition of the contents which incite the formation of prejudice and stereotypes and the
employees at educational institutions are not trained with the aim of sensibilization and
corresponding treatment of LGBTI persons. The persons of different sexual orientation and
gender identity still face attacks, threats, hate speech and hate crimes, due to rooted
stereotypes and prejudice, and the institute of hate crime and measures dedicated to raising
of the awareness on their rights are insufficiently applied. In accordance with repeated
recommendations of the Protector of Citizens, the amendments to the Criminal Code are
necessary so that by them in all criminal acts whose goal is punishment and prevention of
racism and intolerance the action of execution of these criminal offences will be incriminated
also on the basis of sexual orientation and gender identity as well as the amendment to the
Law on Police with the aim of prevention of discrimination and on the basis of sexual
orientation. LGBTI persons still face difficult situations after their biological or foster families
learn about their sexual orientation and gender identity as well as after leaving the institutions
of social protection, but there are still no adequate services of support for young LGBTI
persons. The problem related to maintenance of hormonal status of trans-gender persons, is
still noticeable, refugees and migrants of different sexual orientation and gender identity are
in specific position and there is the need on raising of the awareness on the rights of intersex
persons.
Available at: https://rm.coe.int/grevio-report-on-serbia/16809987e3, Chapter C. Material right А. Civil law 1.
Civil legal remedies against state – provision of due attention (Article 29) Item 31 Paragraph 159.
12 Opinion of the Protector of Citizens no. 183-25/2017 ref. no. 37867 dated 13th October, 2017.
13 “Official Gazette of RS“, no. 113/17 and 50 /18.
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