Brankica Janković, Commissioner for the Protection of Equality, participated in the opening panel of the international conference “Legal Challenges and Perspectives of Organ Transplantation: Three Years Without Amendments to the Controversial Law,” organized by the association “Donation is Heroism.”
In her presentation, which opened the discussion, the Commissioner pointed out the seriousness of the legal vacuum that has existed for three years since the Constitutional Court annulled key provisions of the Organ Transplantation Act in 2021.
The Commissioner’s institution has increasingly received appeals from patients and citizens highlighting discrimination and unequal treatment in the field of transplantation, making this topic extremely significant for the protection of equality and the realization of fundamental human rights. Janković emphasized that the current legal disorder seriously endangers the right to life and health care, especially for those on the transplantation waiting lists.
Since 2022, the Commissioner’s office has repeatedly sent initiatives to the Ministry of Health, warning of the urgent need for legal amendments aligned with constitutional and European standards. Although the Government formed a working group and prepared a draft of amendments, they have not yet been adopted.
Supporting the importance of this issue, Janković recalled public opinion research conducted last year by the “Donation is Heroism” association: 82% of Serbian citizens support organ donation, half would register as potential donors, and 87% would donate a kidney to a close person. These data confirm a high level of awareness, humanity, and public support.
The Commissioner called on the competent authorities to take decisive steps to restore the transplantation system, stressing that the right to health care must not be subject to legal uncertainty.
Janković emphasized that the Commissioner’s institution strives for a systemic resolution of this area and will continue to monitor the process, insisting on legislative and systemic changes that guarantee fair and equal access to treatment.
