No. 34-21

07-00-35/2021-02 date: 12. 10. 2021.




The opinion was issued on the complaint of the association “DD” against A.A., editor of the Serbian page of the … portal, regarding the text published on December 21, 2020 under the title “Law on Same-Sex Partnerships”, subtitled “How ideological colonizers cook a frog in Serbia” on the website www… The statement of A.A. states that in the text he expressed his faith and beliefs and invoked the prohibition of discrimination and freedom of thought, conscience and religion, which are guaranteed by the Constitution. The Commissioner for the Protection of Equality conducted the procedure in which the allegations from the complaint and the statement, the mentioned text, as well as the messages it sends, were analyzed. The Commissioner for the Protection of Equality point\ out that when dealing with this case, they had in mind the importance of freedom of thought and religion, as well as freedom of opinion and expression, but also the restrictively prescribed limits of freedom of speech and practice of the European Court of Human Rights. The Commissioner particularly had in mind that the right to freedom of religion means primarily the freedom of belief and performing religious ceremonies, changing of religion and expression of religion, but must not serve as an excuse for violating the rights of others and discrimination, the same way freedom of speech, regardless of the manner of presenting and publishing ideas and views must not be an excuse for discrimination. Considering the overall context of the text, the Commissioner gave the opinion that the views in the text “Law on Same-Sex Partnerships” are disturbing, humiliating and violate the dignity of a group of persons based on their personal characteristics, thus violating the provisions of Article 12 of the Law on Prohibition of Discrimination. The Commissioner recommended that A.A. remove from his website the text “Law on Same-Sex Partnerships”, subtitled “How ideological colonizers cook a frog in Serbia” published on December 21, 2020, and that he refrains from acts and statements that constitute discrimination of persons on the basis of any personal characteristics in the future.


Brankica Janković


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