no. 011-00-30/2024-02 date: 16.09.2024. year

Acting within the competences prescribed by law^[1], the Commissioner for the Protection of Equality issues this

OPINION

on the Draft Law on Amendments to the Law on Financial Support for Families with Children

The Ministry of Family Care and Demography, in its communication No. 011-00-11/2024-05, from September 6, 2024, submitted the Draft Law on Amendments to the Law on Financial Support to Families with Children (hereinafter: Draft Law), with justification, for an opinion.

As a reminder, the Commissioner of this Ministry, by communication No. 011-00-4/2023-02 from March 20, 2023, issued an opinion on the then amendments to this law, in which, among other things, the Commissioner recalled the Decision of the Constitutional Court IUz-299/2018 of December 22, 2022, and gave suggestions and comments on the provisions of the then Draft Law. In this regard, the Commissioner reminds of Article 16a of the Law on Financial Support for Families with Children, in which, following the Commissioner’s opinion, a change was made regarding the right of a child’s father to a leave from work to care for the child so that the employer decides on this following the regulations regulating work. However, no change has been made to allow a self-employed father to exercise this right. We remind that in these cases, you should bear in mind the Constitutional Court’s position that the conditioning of the measure on the form of work engagement is unjustified, as well as the relevant provisions of the Labor Law.

^[1] Law on Prohibition of Discrimination (“Official Gazette of RS”, Nos. 22/09 and 52/21), Article 1 and Article 33, Paragraph 1, Item 7.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković