Q:
A:
Anti-Discrimination law passed
Belgrade,
26 March 2009
The Serbian parliament today passed the Anti-Discrimination Law which aims to establish a comprehensive and integral system for protection from discrimination and is also a legal requirement for Serbia’s inclusion on to the Schengen “white list”.
Author:
Beta
The law was voted for by 127 MPs, while 59 voted against it.
The law forbids discrimination on any basis, particularly race, gender, ethnicity, social background, religion and health.
Discrimination on the basis of political or other convictions, culture, language, age, psychological and physical disability is also illegal.
The law defines that the violation of the principles of equal rights and responsibilities occurs when the rights and freedoms of a certain individual or group are unjustly withheld, or certain obligations are forced upon them because of their personal characteristics, while the rights and freedoms of other persons or groups are not taken away or certain obligations are not forced upon them in a similar situation.
The law establishes the office of the Ombudsman for Equal Rights as an independent state body, which has the authority to carry out its functions, as prescribed by the law, independently and which will bring to light cases of impermissible behaviour and take preventive warning measures.
The Ombudsman for Equal Rights will be elected by parliament for a period of five years at the proposal of the parliamentary committee in charge of constitutional issues, while each parliamentary group has the right to propose a candidate for the position.
To be eligible the candidate must be a Serbian citizen, must hold a diploma in law or have a minimum of ten years of legal experience in the area of human rights.
The law envisages court protection from discrimination and this offence will be considered a misdemeanour.
The law affirms that everyone has the right to effective legal protection from discrimination.
According to the law, everyone is equal and has an equal right to legal protection and everyone is obliged to respect the principles of equality.
Various forms of discrimination include direct and indirect discrimination, as well as the violation of the principles of equal rights and responsibilities and forming groups for the purpose of discrimination, hate speech and disparaging behaviour.
The law will come into force on the eighth day from its publication in the Official Gazette, except the items that concern the office of the Ombudsman, which will be applicable from January 1, 2010.
The law forbids discrimination on any basis, particularly race, gender, ethnicity, social background, religion and health.
Discrimination on the basis of political or other convictions, culture, language, age, psychological and physical disability is also illegal.
The law defines that the violation of the principles of equal rights and responsibilities occurs when the rights and freedoms of a certain individual or group are unjustly withheld, or certain obligations are forced upon them because of their personal characteristics, while the rights and freedoms of other persons or groups are not taken away or certain obligations are not forced upon them in a similar situation.
The law establishes the office of the Ombudsman for Equal Rights as an independent state body, which has the authority to carry out its functions, as prescribed by the law, independently and which will bring to light cases of impermissible behaviour and take preventive warning measures.
The Ombudsman for Equal Rights will be elected by parliament for a period of five years at the proposal of the parliamentary committee in charge of constitutional issues, while each parliamentary group has the right to propose a candidate for the position.
To be eligible the candidate must be a Serbian citizen, must hold a diploma in law or have a minimum of ten years of legal experience in the area of human rights.
The law envisages court protection from discrimination and this offence will be considered a misdemeanour.
The law affirms that everyone has the right to effective legal protection from discrimination.
According to the law, everyone is equal and has an equal right to legal protection and everyone is obliged to respect the principles of equality.
Various forms of discrimination include direct and indirect discrimination, as well as the violation of the principles of equal rights and responsibilities and forming groups for the purpose of discrimination, hate speech and disparaging behaviour.
The law will come into force on the eighth day from its publication in the Official Gazette, except the items that concern the office of the Ombudsman, which will be applicable from January 1, 2010.
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