No. 021-01-389/ 2025-02 date: 7.4.2025.

Acting within its legally prescribed competence[1] to monitor the implementation of laws concerning the prohibition of discrimination and recommend to public authorities and other entities for the achievement of equality and protection against discrimination,
the Commissioner for the Protection of Equality issues the following:

RECOMMENDATION OF MEASURES FOR THE ACHIEVEMENT OF EQUALITY AND PROTECTION AGAINST DISCRIMINATION

The Commissioner for the Protection of Equality recommends to the City of Prokuplje:

– to take urgent measures to ensure the supply of electricity to households and to secure humane living conditions in the village of Miljkovica, so that the residents of this village can meet their basic living needs and minimum conditions for a normal life, without discrimination.

The City of Prokuplje shall inform the Commissioner for the Protection of Equality about the measures taken to implement this recommendation within 30 days from the date of receipt of the recommendation of measures for the achievement of equality.

In accordance with the law, no appeal or other legal remedy is permitted against this recommendation of measures for the achievement of equality.

Explanation

In her letter to the Commissioner AA, an elderly resident of the village of Miljkovica near Prokuplje pointed out the problem her family is facing. Namely, in the letter, she stated that due to poor financial conditions, she and her family are unable to finance the construction of a 1-kilometer electricity network, and that they live in the dark using a kerosene lamp. She noted that her nephew lives with a sick wife and a son who is a person with a disability. Great challenges for the residents of the village arise when winter comes in circumstances of lower atmospheric temperatures because these families do not have the opportunity to heat their homes, that is, they do not have access to sustainable modern energy services. Finally, it was also said that the village of Miljkovica is an inaccessible place without roads and transportation, and its residents are forced to travel several kilometers to reach a doctor, a store, or to fulfill their basic living needs.

The Constitution of the Republic of Serbia[2] stipulates that the Republic of Serbia is a state of the Serbian people and all citizens living in it, based on the rule of law and social justice, the principles of civil democracy, human and minority rights and freedoms, and adherence to European principles and values.[3] Everyone is equal before the Constitution and the law. Any discrimination, direct or indirect, on any ground is prohibited, and in particular on the grounds of race, sex, nationality, social origin, birth, religion, political or other belief, property, culture, language, age, and mental or physical disability.^[4]

The constitutional prohibition of discrimination is further elaborated by the Law on the Prohibition of Discrimination, which defines discrimination as any unjustified distinction or unequal treatment, or omission (exclusion, restriction or preference), in relation to persons or groups, as well as members of their families, or persons close to them, in an open or covert manner, based on race, skin color, ancestry, citizenship, national affiliation or ethnic origin, language, religious or political beliefs, sex, gender, gender identity, sexual orientation, sexual characteristics, income level, property status, birth, genetic characteristics, health status, disability, marital and family status, criminal record, age, appearance, membership in political, trade union and other organizations and other real or presumed personal characteristics^[5]. The provisions of Article 13 of this Law prescribe severe forms of discrimination, including discrimination against persons on the basis of two or more personal characteristics, regardless of whether the impact of specific individual personal characteristics can be distinguished (multiple discrimination) or cannot be distinguished (intersectional discrimination). Furthermore, the provision of Article 23, paragraph 1 of the same Law prohibits discrimination against persons on the basis of age, while paragraph 2 states that the elderly have the right to dignified living conditions without discrimination, and in particular, the right to equal access to and protection from neglect and harassment in the use of health and other public services. The provision of Article 26 of the Law stipulates that discrimination exists if the principle of respect for equal rights and freedoms of persons with disabilities is violated in political, economic, cultural and other aspects of public, professional, private and family life. Finally, Article 33, paragraph 1, item 9 of this law stipulates that the Commissioner shall recommend measures to public authorities and other persons to achieve equality and protection from discrimination.

Articles 20 and 66 of the Law on Local Self-Government[6] stipulate that a municipality, through its bodies, in accordance with the Constitution and the law, adopts its statute, budget and final accounts, spatial and urban development plan and program of the municipality, as well as strategic plans and programs of local economic development; regulates and ensures the performance and development of communal activities, local transport, use of construction land and business space; takes care of the construction, reconstruction, maintenance and use of local roads and streets and other public facilities of municipal importance; takes care of meeting the needs of citizens in the field of education (preschool education and primary and secondary education and upbringing), scientific research and innovation activities, culture, health and social care, child protection, sports and physical culture; ensures the realization of the special needs of persons with disabilities and the protection of the rights of vulnerable groups; takes care of the development and improvement of tourism, crafts, catering and trade; adopts and implements programs to stimulate local economic development, undertakes activities to maintain existing and attract new investments and improves general business conditions; takes care of environmental protection, protection from natural and other disasters, protection of cultural assets of importance to the municipality; takes care of the protection, improvement and use of agricultural land and implements rural development policy; takes care of the exercise, protection and improvement of human and minority rights, gender equality, as well as public information in the municipality; establishes and regulates the organization and work of bodies, organizations and services for the needs of the municipality, organizes a legal aid service for citizens and regulates the organization and work of mediation councils and performs other tasks of local importance determined by law, as well as tasks of direct interest to citizens, in accordance with the Constitution, law and statute.

Everyone has the right to a standard of living adequate for the health and well-being of themselves and their family, including food, clothing, housing, and medical care and necessary social services, as stipulated in Article 25, paragraph 1 of the Universal Declaration of Human Rights (1948). The States Parties to the International Covenant on Economic, Social and Cultural Rights recognize the right of everyone to an adequate standard of living for themselves and their family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties shall take appropriate steps to ensure the realization of this right.[7]

The importance of adequate living conditions, especially in terms of housing, sanitation and electricity, is also addressed in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) [8]. Namely, Article 14 of this Convention stipulates that States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure that they, on a basis of equality of men and women, participate in and benefit from rural development, in particular to ensure their right to adequate living conditions, especially in terms of housing, sanitation, electricity and water supply, transport and communications.

Everyone has the right to respect for thier private and family life, home and correspondence, as proclaimed in Article 8, paragraph 1, of the European Convention for the Protection of Human Rights and Fundamental Freedoms.[9] Thus, as an example of good practice, we cite the decision of a national court that dealt with this issue from the perspective of the application of the European Convention for the Protection of Human Rights. Namely, the Court of Appeal in Brussels indicated in 1988 that the enjoyment of electricity and gas services is an indispensable part of human dignity. The court stated that public authorities have an obligation to provide gas and electricity services within the framework of social protection services.[10]

The connection between access to energy and the right to life, health and social security was highlighted in the Outcome Document of the United Nations Conference on Sustainable Development Rio + 20.[11] Namely, paragraph 125 of this document states: “We recognize that energy plays a key role in the development process, given that access to sustainable modern energy services contributes to poverty eradication, saves lives, improves health and helps to meet basic human needs. We emphasize that these services are essential for social inclusion and gender equality, and that energy is a key factor for production. We recognize that access to these services is essential for achieving sustainable development.”

According to the statistical data of the Republic Statistical Office[12], according to the 2002 Census of Population, Households and Dwellings, 62 people lived in the village, while this number decreased to 34 according to the 2011 Census, and then to 11 people according to the last census held in 2022. The average age of the population is 62.5 years, i.e. the average age of men is 60.9 and that of women is 64.3 years. There is no built road or electricity network to this village, although according to the complaint, the distance that needs to be bridged in order for the village to receive electricity is about one kilometer. In today’s development conditions, this problem is far from insoluble, especially considering that the Republic of Serbia allocates significant funds and provides incentives for returning to the village in order to ensure balanced regional development. Neglecting the needs of people who already live in rural areas sends the wrong and discouraging message and practically encourages emigration from this rural environment where they have lived for generations.

Access to electricity for the inhabitants of this small village is not a matter of comfort, but rather a fundamental factor that enables them to have normal living conditions and meet their vital needs, maintain health and safety, work and education, without discrimination. It should also be borne in mind that in addition to the inability to meet basic living needs, the lack of electricity makes it impossible to engage in agriculture and/or any other activity. In this way, land cultivation or any activity can only be carried out in a basic/primitive way that has long been overcome.

These are elderly people, in poor financial condition, who cannot provide the funds themselves and solve the problem of access to electricity, and it is especially important to keep in mind that one of the residents of the village (the complainant’s nephew) is a person with disability, which further complicates life in housing conditions without electricity.

Taking into account all of the above, the Commissioner points out that it is necessary to resolve the problem of access to electricity for the residents of this village, who are denied the right to adequate living conditions, and therefore the exercise of basic human rights, without discrimination, as soon as possible. The Commissioner once again emphasizes that access to electricity in the 21st century is one of the prerequisites for dignified living conditions and has a great impact on the quality of life that a person will achieve.

Taking all of the above into account, the Commissioner for the Protection of Equality, in accordance with Article 33, item 9 of the Law on the Prohibition of Discrimination, issues a recommendation of measures for achieving equality and protection against discrimination to the City of Prokuplje.

[1] Law on the Prohibition of Discrimination (“Official Gazette of the Republic of Serbia”, Nos. 22/09 and 52/21), Article 33, paragraph 1, item 9.

[2] “Official Gazette of the Republic of Serbia” Nos. 98/2006 and 115 /2021

[3] Constitution of the Republic of Serbia (“Official Gazette of the Republic of Serbia”, Nos. 98/2006 and 115/2021), Article 1.

[4] Constitution of the Republic of Serbia (“Official Gazette of the Republic of Serbia, Nos. 98/2006 and 115/2021). Article 21, paragraph 1 and paragraph 3.

[5] Law on the Prohibition of Discrimination (“Official Gazette of the Republic of Serbia”, Nos. 22/09 and 52/21), Article 2, paragraph 1, item 1

[6] “Official Gazette of the Republic of Serbia”, Nos. 129/2007, 83/2014 – other law, 101/2016 – other law, 47/2018 and 111/2021 – other law

[7] International Covenant on Economic, Social and Cultural Rights (“Official Gazette of the SFRY” (International Treaties), No. 7/1971), Article 11, paragraph 1.

[8] (“Official Gazette of the SFRY – International Treaties”, No. 11/81)

[9] (“Official Gazette of Serbia and Montenegro – International Treaties”, Nos. 9/2003, 5/2005 and 7/2005 – revised and “Official Gazette of the Republic of Serbia – International Treaties”, Nos. 12/2010 and 10/2015)

[10] Aviles L. A. (2012) Access to electricity in European law: A human right?, SSRN Electronic Journal , p. 8.

[11] Available at: https://expeditio.org/images/stories/downloads/Buducnost_kakvu_zelimo-FINAL.pdf

[12] https://www.stat.gov.rs/ ; https://data.stat.gov.rs/Home/Result/31010102?languageCode=sr-Latn

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković