to the allegations from complaints and information with which the Protector of Citizens is
familiar, after the reporting of sexual abuse of child, children are interrogated on many
occasions and they are not provided with the protection from the encounter with the suspect
/ convicted nor protective measures are used (one-time interrogation with the use of
audio/video technology, interrogation in a special facility, etc.) these data indicate to the
possibility that the children are exposed to multiple re-traumatization, despite the existence
of legal provisions which enable the child victim of a criminal offense against sexual freedom
to be interrogated in the manner which prevents secondary traumatization and protects the
well-being of the child who suffered the trauma.
However, the criminal-legal protection of children is still not entirely in compliance with the
Council of Europe Convention on Protection of Children against Sexual Exploitation and
Sexual Abuse. Also, the initiative of the Protector of Citizens for the amendments to the
Criminal Code was not entirely accepted6, due to which some of the crucial problems still
exist: the level of criminal-legal protection of the child victim depends on the age of a child;
the criminal offences of the Extramarital community with a minor 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 possibility of the application of the Law on
Special Measures for the Prevention of Criminal Offences against Sexual Freedom to
Juveniles7. 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 offence of sexual
harassment, abuse and exploitation committed against children.
The Protector of Citizens during the reporting year took active participation in solving of the
cases of “babies disappeared from maternity hospitals” in the Republic of Serbia.
THE ATTITUDE OF THE PROTECTOR OF CITIZENS REGARDING THE
ANNOUNCED ESTABLISHMENT OF THE PROTECTOR OF CHILD RIGHTS
During 2019, on multiple occasions, it was announced that the law which would introduce
into the legal system new independent institution – the Protector of Child Rights would be
adopted. The draft of the Law on Child Rights and Protector of Child Rights which was
provided for public insight does not offer a single new mechanism for the protection of child
rights in comparison to the existing one within the competence of the Protector of Citizens of
the Republic of Serbia.
The Protector of Citizens presented the attitude that it is not of the public or citizen interests
that at the moment of the implementation of economic measures of savings whose effects of
the reduction of funds for children and a number of employees in the public sector, including
also the fields vital for children, the institutions which would deal with protection, promotion,
monitoring and improvement of child rights are doubled. The allocation of budget funds for
the establishment of a new body which would deal with the activities already performed by
the existing body, in the situation of insufficient financial resources of the state to provide
children and families with assistance and support is not only irrational spending of
“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.
7 Official Gazette of RS“, no. 32/13.
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