Statement about Proposal for the assessment of constitutionality

Commissioner for the Protection of Equality Brankica Jankovic submitted a Proposal for assessing of constitutionality and legality of several provisions of the Law on the Financial Support for the Family with Children to the Constitutional Court of Serbia.

In the Proposal for assessing of constitutionality, Commissioner Jankovic points out, among other things, to the unequal position of female farmers, because they need to have insurance for 24 months in order to achieve right to reimbursement during the maternal leave and child care leave, instead of 18 months like other women who recently gave birth and who are insured on other grounds.

Proposal also states that women with higher salaries are unjustifiably placed in unequal position, compared to women who have received lower incomes until the beginning of maternity leave, in a way that the amount of their reimbursement is lower than the amount of salary which they were tariffed for with taxes and contributions.

Also, in the proposal submitted to the Constitutional Court of Serbia it was pointed to the unequal position of parents and children who were born before and after this law was enacted, who still receive parental allowance.

During the creation of this law, in an opinion issuing phase, Commissioner for the Protection of Equality pointed to certain disputable provisions, while after the passing of the law, several hundreds of women addressed the institution, pointing out these provisions as well.

Commissioner Jankovic concludes that proposal was submitted to the Constitutional Court for consideration in order to remedy these irregularities and harmonize the Law on Financial Support to the Family with Children with anti-discrimination regulations.

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