Republic of Serbia Legislation

ANTIDISCRIMINATION LEGISLATION OF THE REPUBLIC OF SERBIA

Constitution of the Republic Serbia (Official Gazette of the Republic of Serbia No 98/2006) PDF

ANTIDISCRIMINATION LAWS

Law on the Prohibition of Discrimination in the Republic of Serbia (Official Gazette of the Republic of Serbia No 22/2009) microsoft-word-icon


Law on Professional Rehabilitation and Employment Of Persons With Disabilities (Official Gazette of the Republic of Serbia No 36/2009)microsoft-word-icon


Law on Protection of Rights and Freedoms of National Minorities (Official Gazette of FRY No. 11 of 27 February 2002, Official Gazette of SM No. 1/2003, and Official Gazette of the Republic of Serbia No 72/2009)PDF


ANTIDISCRIMINATION PROVISIONS IN OTHER LAWS

Law on Youth (Official Gazette of the Republic of Serbia No 50/2011)

Article 5
The Principle of Equality and Prohibition of Discrimination

All young people shall be equal.

It shall be prohibited to differentiate or unequally treat young people, whether directly or indirectly, on the grounds of race, gender, nationality, religion, language, social origin, property, membership in political parties and other organizations, mental or physical disability, health status, physical appearance, sexual orientation, gender identity and other real or assumed personal characteristic.

Article 6
The Principle of Equal Opportunity

Young people shall have the right on equal opportunities and participation in all spheres of social life in line with their own choices and capacities.

 

Law on Preschool Education (Official Gazette of the Republic of Serbia No 18/2010)

Article 3 paragraph 4

In discharging the activity of preschool education and other activities in preschool institution, all forms of violence, abuse and neglect shall be forbidden, as well as all other activities that may jeopardize, discriminate against of single out a child or a group of children on any grounds, in line with the Law.

 

Law on Fundamentals of Education System (Official Gazette of the Republic of Serbia No 72/2009 и 52/2011)

Article 3 paragraph 1items (1) and (5)

The education and pedagogy system must provide all children, students and adults with:
1) Equality and accessibility of education and pedagogy without discrimination and segregation based on gender, social, cultural, ethnic, religious or other background, place of residence or domicile, financial or health status, developmental difficulties and impairments and disabilities, as well as other grounds;
5) Equal opportunities for education and pedagogy at all levels and types of education, in keeping with the needs and interests of children, students and adults, without any obstacles to change, continuation and completion of education and lifelong education;

Article 6

Every person shall have the right to education.

The citizens of the Republic of Serbia shall be equal in exercising their right to education and pedagogy, regardless of their gender, race, national, religious and language background, social and cultural background, financial status, age, physical and psychological constitution, developmental impairments or disabilities, political opinion or another personal trait.
Persons with developmental impairments and disabilities shall be entitled to education and pedagogy which takes into consideration their educational needs within the regular education and pedagogy system, within the regular system with individual or group additional assistance or in a special preschool group or school, in accordance with this and the pertaining law.
Persons with exceptional abilities shall be entitled to education which takes into consideration their special educational needs, within the regular system, within special classes or within a special school, in accordance with this and the pertaining law.
Foreign citizens and persons without citizenship shall be entitled to education under same conditions and in the same manner as envisaged for the citizens of the Republic of Serbia.

Article 44
Prohibition of Discrimination

Activities aimed at threatening, belittling, discriminating or singling out groups or individuals on the basis of their racial, national, ethnic, linguistic, religious background or gender, physical and psychological characteristics, developmental impairments and disabilities, health condition, age, social and cultural origin, financial status or political views as well as encouraging or not preventing such activities, and other types of activities stipulated by the law prescribing the prohibition of discrimination, shall be prohibited in an institution.
Discrimination of a group or an individual shall imply each and every direct or indirect, covert or overt exclusion or limitation of rights and freedoms, unequal treatment or failure to act or unjustified differentiation through lax discipline or giving precedence.
Special measures introduced for the purpose of achieving full equality, protection and progress of disadvantaged persons or groups shall not be considered as discrimination.
More detailed criteria enabling an employee, student or another person in an institution to detect different forms of discrimination shall jointly be prescribed by the minister and the minister in charge of human rights.

Article 45
Prohibition of Violence, Abuse and Neglect

Physical, psychological and social violence, abuse and neglect of children and students, corporal punishment and insults, sexual abuse of children, students and employees shall be prohibited in an institution.
Violence and abuse shall imply all forms of once or repeatedly inflicted verbal or nonverbal conduct which results in real or potential hazard to health, development and dignity of a child, student or an employee.
Neglect or careless treatment shall imply the omission on behalf of the institution or an employee to provide conditions for a child’s or student’s proper development.
The institution shall be obliged to immediately file a complaint with a competent authority if signs of violence, abuse or neglect are perceived.
The physical violence for the purpose of paragraph 1 of this Article shall imply: corporal punishment of children and students by employees and other adults, conduct which can lead to real or potential bodily harm being inflicted on a child, student or an employee, violent behavior of an employee towards children, students or other employees as well as violent behavior of a student towards other students or employees.
The psychological violence, for the purpose of paragraph 1 of this Article, shall imply conduct resulting in temporary or permanent impairment of psychological and emotional health and dignity of a child, student or employee.
The social violence, for the purpose of paragraph 1 of this Article, shall imply the exclusion of a child or student from a peer group and different forms of social activities in the institution.
Each and every form of violence and abuse, as stated in paragraph 2 of this Article, on behalf of a student or parent or guardian or an adult against a teacher, preschool teacher, psychologist/pedagogue and other employee shall be prohibited in an institution.
Criminal procedure shall be launched against a parent or child’s guardian or a student for the violation of the prohibition as stated in paragraph 8 of this Article.
The minister shall prescribe the violence and abuse response protocol, content and manner of implementation of preemptive and intervention activities, the conditions, manner and mode of risk analysis, protection against violence, abuse and neglect.
More detailed criteria enabling the detection of non-verbal forms of child and student abuse by an employee during caretaking activities, recess and recreation and other forms of educational and pedagogical work and activities shall be prescribed by the minister.

 

Law on Churches and Religious Communities (Official Gazette of the Republic of Serbia No 36/2006)

Article 2
Prohibition of Religious Discrimination

No one shall be subject to coercion which could impair freedom of religion, or be compelled to declare their religious belief and religious conviction or absence thereof.

No one shall be harassed, discriminated or privileged for her religious convictions, belonging or not belonging to a religious community, participating or not participating in religious services and religious ceremonies and exercising or not exercising guaranteed religious freedoms and rights.

There shall be no state religion.

 

Labor Code (Official Gazette of the Republic of Serbia No 24/05, 61/05 and 54/09)

Article 18

Both direct and indirect discriminations are prohibited against persons seeking employment and employees in respect to their sex, origin, language, race, color of skin, age, pregnancy, health status or disability, nationality, religion, marital status, familial commitments, sexual orientation, political or other belief, social background, financial status, membership in political organizations, trade unions or any other personal quality.

Article 19

Direct discrimination, pursuant to this law, shall be any action caused by some of the grounds referred to in Article 18 of this law that puts a person seeking employment or employee in a less favorable situation than other persons in the same or similar situation.
Indirect discrimination, pursuant to this law, shall be recognized, in case an apparently neutral provision, criterion or practice puts or would put a person seeking employment or employee in a less favorable situation than other persons, due to a certain quality, status, belief or position of such person referred to in Article 18 of this law.

Article 20

Discrimination referred to in Article 18 of this law shall be prohibited in relation to:
1) employment conditions and selection of candidates for a certain job;
2) working conditions and all rights resulting from the labor relationship;
3) education, training and advanced training;
4) promotion at work;
5) termination of the labor contract.
Provisions of the labor contract establishing discrimination pursuant to some of the grounds referred to in Article 18 of this law shall be null and void.

Article 21

Harassment and sexual harassment are prohibited.
Harassment, pursuant to this law, is any unwanted behavior resulting from some of the grounds referred to in Article 18 of this law aimed at or representing violation of dignity of a person seeking employment or employee, causing fear or breeding adverse, humiliating or insulting environment.
Sexual harassment, pursuant to this law, is any verbal, non-verbal or physical behavior aimed at or representing violation of dignity of a person seeking employment or employee in the area of sexual life, causing fear or breeding adverse, humiliating or insulting environment.

Article 22

Differentiation, exclusion or prioritization for a certain job shall not be considered discriminating when the nature of the work is such or the work is done under such circumstances that qualities relating to some of the grounds referred to in Article 18 of this law represent the true and decisive requirement for performance of such job, and that the purpose aimed at is justified.
Provisions of this law, general document and the labor contract relating to special protection and assistance to certain categories of employees, particularly those relating to protection of disabled persons, women on maternity leave and absence from work for childcare, special childcare and provisions relating to special rights of parents, adoptive parents, guardians and foster parents – shall not be interpreted as discrimination.

Article 23

In cases of discrimination pursuant to provisions of Articles 18 – 21 of this law person seeking employment or employee may file for compensation of damages before the competent court, pursuant to the law.

 

Law on Sports (Official Gazette of the Republic of Serbia No 24/2011)

Article 10

It is forbidden to directly or indirectly discriminate against athletes in their performance of sports activities, on the grounds of their personal characteristics, gender, status, orientation or belief. This includes discrimination against professional athletes and those who want to become professionals, with regard to employment, wages or conditions of work, except in a situation when the act of differentiating between athletes, i.e. of putting an athlete in a less favorable position in comparison to other athletes in an identical or similar situation, is based on the very nature of a particular sports activity or on real and decisive conditions for performance of such activity, with the aim to achieve justified results.

Provisions of a contract made between an athlete and a sports association that set forth discrimination against the athlete shall be null and void, while the provisions of sports directives and general acts of associations in the sphere of sports that set forth discrimination against athletes shall not be applied.

An athlete who doesn’t have a valid contract signed with one sports association may not be denied the right, by sports rules, to conclude a contract with another sports association or to transfer to another sports association and represent it in sports competitions as an athlete, when the sports association to which the athlete transfers pays the appropriate remuneration to the sports association that the athlete leaves.

In case of a consensual termination of contract between an athlete and a sports association, a dispute that may arise between the sports association to which the athlete transfers and the sports association that the athlete leaves on the subject of amount and manner of payment of the agreed transfer remuneration may not influence the athlete’s sports activities, and his or her right to represent the sports association to which he or she transferred.

An athlete has the right on reparation of damage that he or she may suffer on the account of discrimination acts committed by sports associations from paragraphs 1 to 4 of this Article.

Article 26 paragraph 11

The provisions on prohibition of discrimination from Article 10 of this Law shall be accordingly applicable to sports experts and experts in the field of sports as well.

Article 145 paragraph 3

Sports venues must be accessible to persons with special needs (children, elderly, persons with disabilities, etc.).

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