SERBIA: Children's Rights References in the Universal Periodic Review (Second Cycle)

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholders' Information'. Also included is the list of accepted and rejected recommendations.

 Serbia – 15th Session – 2012
Wednesday 30th January 2013 - 2.30 p.m. - 6.00 p.m

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National Report
Compilation of UN information
Summary of Stakeholder information
Accepted and Rejected Recommendations

(Read about the first cycle review)

National report

4. In the past, the RS ratified a number of multilateral treaties related to human rights: CRPD and the Optional Protocol, ICPAPED , the ILO MPC 183, the Revised European Social Charter, CE Convention on Action against Trafficking in Human Beings, CE Convention for the Protection of Children Against Sexual Exploitation and Sexual Abuse, CE Framework Convention on the Value of Cultural Heritage for Society, Convention on Cybercrime, Convention for the Safeguarding of the Intangible Cultural Heritage, the European Convention on the Non-Applicability of Statutory Limitation to Crimes Against Humanity and War Crimes, Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine, Convention on the Reduction of Statelessness.

6. The following laws were also adopted, namely: Law on Social Housing, Law on Gender Equality, Law on the Prohibition of Manifestations of Neo-Nazi or Fascist Organisations and Associations and Use of Neo-Nazi or Fascist Symbols and Hallmarks, Law on National Councils of National Minorities, Law on Professional Rehabilitation and Employment of Persons with Disabilities, Law on Culture, Law on Political Parties, Law on Civilian Service, Law on Volunteering, Law on Employment and Unemployment Insurance, Law on the Prevention of Mobbing at Work, Law on the Foundations of Education and Upbringing Law on Pre-School Education, Law on Pupils' and Student' Standard, Law on Associations, Law on a Unified Voters' List, Law on Property Restitution and Compensation, Law on Social Protection, Law on Infertility Treatment by Procedures of Biomedically – Assisted Procreation.

7. In the past the following strategies were adopted, namely: National Strategy for Improving Position of Women and Promoting Gender Equality (2009), Strategy on Safety and Health at Work in the RS for the period 2009–2012 (2009), Strategy on Fight Against Drugs in the RS for the period 2009–2013 (2009), Migration Management Strategy (2009), National Action Plan for the Implementation of UN SC Resolution 1325 – Women, Peace and Security in the RS for the period 2010-2015 (2010), Strategy on Personal Data Protection (2010), Strategy for Improvement of the Status of Roma in the RS (2010), Strategy for Free Legal Aid System Development in the RS (2010), National Action Plan to Combat Trafficking in Human Beings for the period 2009–2011 (2010), Action Plan for the Implementation of Strategy for Prevention and Protection of Children from Violence for the period 2010–2012 (2010), Strategy for Sustainable Subsistence and Return to KiM (2010), Strategy on Accommodation Overload Reduction in the Institutions for the Execution of Criminal Sanctions in the period 2010–2015 (2010), Strategy on Personal Data Protection (2010), Strategy for Public Information System Developmentin the RS until 2016 (2011), National Employment Strategy for the period 2011–2020 (2011), National Strategy on Resolving the Issue of Refugees and Internally Displaced Persons for the period 2011–2014 (2011), National Strategy for Preventing and Combating Violence against Women in the Family and in IntimatePartner Relationship and Action Plan for its implementation for the period 2010–2015(2011), National Strategy on Social Housing (2011).

8. In the National Assembly there is a Committee for Human and Minority Rights and Gender Equality and the Committee on the Rights of the Child.

Application of accepted recommendations from the first cycle of the UPR

National legislation on human rights, human rights training and awareness raising (Rec. 3)

31. Education on human rights has been incorporated into the curriculum through the compulsory and optional subjects. Human rights are one of the basic elements of the syllabus of Civic Education subject that is thought in elementary and secondary school as one of the two compulsory optatives (optiative with religious education) and is represented

Rights of children, women and fight against domestic violence (Rec. 8)

52. On 4 April 2012, RS signed the CE Convention on Preventing and Combating Violence against Women and Domestic Violence. Also, the Government adopted strategic documents relevant for protection against domestic violence.

54. The Law on Social Protection states that social care users shall, inter alia, be: children at risk and children victims of abuse, neglect and exploitations, children victims of trafficking in human beings,as well as foreign national children who are victims of trafficking in human beings. Envisaged groups of services are couselling and therapeutic services, social and educational services, accommodaton services and support services required for independent living. The stated groups of services also include specific services for social integration and physical and psychological recovery, shelters for children and SOS lines for children.

56. After adoption of the General Protocol on Child Protection from Abuse and Neglect, which is a legally binding document for all participants in the child protection process, relevant ministries created and adopted special protocols which further regulate specific rules and procedures in the child protection process in specific sectors such as social care institutions for children, police, educational institutions, health care systems and judiciary bodies.

57. Since 2010, a Special Protocol of the Ministry of Health for Protection and Treatment of Women Exposed to Violence has been in force. In November 2011, the General Protocol on Conduct and Cooperation of Institutions, Bodies and Organisations in Cases of Violence against Women in the Family and in Intimate Partner Relationship was adopted, which established cooperation among the ministries competent for operation and social policy, justice, internal affairs and health. The Protocol, being a national document, for the first time explicitly defines that a child who witnesses domestic violence is considered to be a victim of violence.

Improvement of the juvenile justice system (Rec. 9)

60. RS is undergoing a reform in the juvenile legislation which is going in the direction of wider application and making diversion from traditional criminal proceedings. Also, a list of educational orders and their application by the prosecutor in the preliminary criminal investigation is being extended.

61. A special role in the monitoring of application of criminal law protection of juvenile offenders has the Council for monitoring and improving work of criminal proceeding bodies and execution of criminal sanctions towards juveniles which were in 2009 established by the Ministry of Justice and Supreme Court.

62. As part of the social protection system significant means were invested in the improvement of standards for the provision of services and for ensuring execution of a corrective measure of sending a person to an educational institution, but, simultaneously, significant reduction of capacities of these institutions considering that this measure is applied selectively and in justified and exceptional cases.

Persons with disabilities (Rec. 10)

69. The education system of the RS, according to the Law on the Foundations of Education and Upbringing, does not allow for differences in the education of children and students with special needs and disabilities and of other children and students. Bylaws and other regulations regulate measures which ensure equality, equity and accessibility both for children and students with special needs and disabilities and for other children and students in their education.

70. The Rulebook on Additional Educational, Health and Social Support to a Child and Student and Rulebook on Detailed Guidelines for Determining the Right to an Individual Education Plan, its Implementation and Evaluation ensure a right for a child and student with special needs and disabilities to undergo an assessment for additional support in education they require in order to be provided with effective education and full inclusion.

Prohibition of corporal punishment (Rec. 11)

71. The Family Law establishes an obligation for the state to take all the necessary measures to protect a child from being neglected, from physical, sexual and emotional abuse, and from any kind of exploitation. In accordance with the Law, parents cannot expose their child to degrading treatment or punishment that violates human dignity of the child, and they shall be responsible to protect their child from such actions committed by other people.

72. Law on the Foundations of Education and Upbringing prohibits physical abuse and personal insults to children, i.e. it guarantees the child’s right to protection from discrimination and violence.

73. The Draft Law on Rights of the Child was made by the end of 2011 which prohibits corporal punishment and restrictions of the child. According to the Draft Law, corporal punishment and humiliating acts against a child for the purpose of disciplining it are prohibited in all circumstances.

Trafficking in human beings (Rec. 12)

77. In August 2009, the Law on Amendments and Addenda to the Criminal Code amended provisions of Article 388 – Trafficking in Human Beings, by increasing the legal minimum and maximum, in terms of the basic form of an offense, whereas envisaged sentence of imprisonment for the basic form ranges “from three to twelve years of imprisonment”, without a possibility of pronouncing sentence below the legal minimum. Also, it is envisaged that users of human trafficking services shall be punished with imprisonment. Amendments and addenda to Article 389 have also been adopted, which now reads “Trafficking in Juvenile for Adoption”, and which has increased the age limit and juveniles are protected from all forms of exploitation and trafficking.

Social integration and improvement of the Socio-economic Status of the Roma People (Rec. 22)

117. The Law on Registry Books prescribes for a simpler and more rapid exercise of the rights of citizens in due compliance with the legality of the procedure and the legal security when it comes to the entry in the registry books or the issuance of a certificate from the registry books. In addition to the resolved matter of subsequent inscription of the fact of birth in the birth registries, the Law also regulates the procedure of renewing destroyed or missing registry books registered for the area of AP KiM. The Law on Amendments to the Law on Extra-judicial Proceedings describes the procedure for determining the time and place of one’s birth which was not inscribed in the birth registry as prescribed by regulations which govern the managing of registry books.

122. From 2011 to 2013, a functional elementary education has been conducted in the Republic of Serbia intended for vulnerable population groups which are potentialy more exposed to discriminatory behaviour than other groups.

142. The priorities of the RS in the field of promotion and protection of human rights are:

To continue with the harmonisation of national regulations with international obligations in the field of human rights protection;

To strengthen the role of national human rights protection mechanisms;

To enforce measures for the promotion of full and effective equality in different areas of life;

To encourage the development of a multiethnical and multicultural society;

To improve co-operation with the civil society in the promotion and the implementation of programmes for the protection of human rights;

To collaborate with international and regional organisations in the field of human and minority rights protection;

To actively participate in international programmes of co-operation in the field of minority rights, gender equality, protection of children, democracy development and the rule of law;

To support the work of the OHCHR;

To co-operate with the UN treaty bodies, both in the monitoring of the implementation of international agreements and the reform of these bodies;

To continue co-operating with the UN special procedures and holding the standing invitation for thematic procedures mandate holders.

Compilation of UN information

3. In 2010, Committee on the Rights of the Child (CRC) recommended that Serbia ratify the 1993 Hague Convention on the Protection of Children and Cooperation in respect of Intercountry Adoption; and the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (2007).

4. CERD recommended that Serbia ratify the amendments to article 8, paragraph 6, of the Convention.

5. CRC recommended that Serbia amend the declaration made upon its ratification of OP-CRC-AC to reflect the new legislation regarding military recruitment.

8. UNCT noted that in general a legislative framework for protecting human rights was in place in Serbia. In that connection, UNCT referred to the Law on Ombudsman, Law on Personal Data Protection and Free Access to Information of Public Importance, Law on the Prohibition of Discrimination, Law on National Councils of National Minorities and Law on Gender Equality. It underscored the importance of the 2011 Law on Permanent and Temporary Residence, which represented a step forward to resolve issues of persons at risk of statelessness. Further, UNCT noted that the draft Law on Amending the Law on Non-Contentious Procedures should address the obstacles faced by undocumented persons who are unable to register their births in civil registries.

9. While noting the Penal Code amendments, CRC urged Serbia to incorporate an explicit definition of the crime of sale of children into the Penal Code and the draft Child Act.

10. CRC recommended that Serbia criminalize in its Penal Code the recruitment of children into armed groups that are distinct from the State’s armed forces.

12. In 2008, the Committee against Torture (CAT) remained concerned at the lack of an independent and external oversight mechanism for alleged unlawful acts committed by the police, and recommended that the Ombudsman monitor and investigate independently and impartially alleged police misconduct. It also recommended that Serbia consider taking measures to ensure that the Ombudsman protect children from violence, and that it adopt the Law for the Ombudsman for the Rights of the Child.

13. CRC noted the Deputy Ombudsman’s specialized responsibility to monitor the rights of children, and recommended that Serbia provide that office with sufficient resources.

16. CRC welcomed the National Plan of Action to Combat Trafficking in Human Beings (2009-2011) and the National Strategy for Prevention and Protection of Children from Violence (2008) and its Action Plan (2010).

17. CRC recommended that Serbia incorporate in its National Plan of Action for Children 2010-2015 all issues covered by both Optional Protocols; and provide adequate resources for its implementation.

23. CERD remained concerned about a negative perception and stereotyping of minorities among the public and judicial and administrative staff, and encouraged Serbia to continue programmes fostering intercultural dialogue, tolerance and understanding of minority groups among judiciary and law enforcement officials, lawyers and teachers, and to implement programmes in public education, political forums and the media to foster respect for multicultural diversity.

24. CRC was concerned at discriminatory attitudes faced by children, especially Roma children, children with disabilities, and refugee and internally displaced children.

33. CAT remained concerned at the treatment of children and adults with mental or physical disability, especially forceful internment and long-term restraint in social-protection institutions and psychiatric hospitals, and recommended that Serbia investigate reports of torture or cruel, inhuman or degrading treatment or punishment of persons with disability in institutions. In the framework of the CAT follow-up to concluding observations, Serbia reported that: the position of persons in social care institutions had been resolved; causes indicating the existence of unlawful placement–deprivation of liberty had been eliminated; the Ministry of Labour and Social Policy had prohibited the acceptance of children of younger age at the institutions where adults were placed; and the Inspection Department of the Ministry of Labour and Social Policy had prohibited the use of rooms within the institutions that did not meet minimum standards.

34. CRC recommended that Serbia: combat child pornography on the Internet; in cooperation with the media, inform children and their parents about safe use of the Internet; and adopt specific legislation on the obligation of Internet providers to prevent the dissemination of and access to child pornography on the Internet.

35. The HR Committee remained concerned about prevalent domestic violence, and recommended that Serbia combat such violence and establish shelters and support centres with medical, psychological and legal support. CAT was particularly concerned about the sexual abuse of girls and lack of prevention and protection measures; it urged Serbia to implement the national strategy to prevent domestic violence, and conduct awareness-raising campaigns and training on domestic violence for officials.

36. The HR Committee remained concerned that few domestic violence cases reached the courts. CAT was concerned about the low penalties pronounced and the slowness of proceedings, and urged Serbia to punish perpetrators of violence against women and children, including domestic violence.UNCT expressed particular concern that offenders remained in the family home, despite protective measures stipulating their immediate removal.

37. CRC was concerned about the lack of a social protection system covering all child victims, and recommended that Serbia establish one.The Committee particularly regretted the lack of programmes targeting Roma children, refugee and internally displaced children, children in care institutions, children in street situations and the girl child, aimed at preventing their abuse and neglect. It encouraged Serbia to strengthen prevention activities, including birth registration, targeting children who were especially vulnerable or at risk.

38. CAT noted that corporal punishment of children was a common means of childrearing, and urged Serbia to adopt legislation prohibiting corporal punishment in all settings.

44. CRC was concerned at the high number of offences relating to the sale of children, economic and sexual exploitation of children, child prostitution and child pornography. It was also concerned at the lack of compensation and recovery and reintegration services for child victims of sale, prostitution and pornography, and recommended that Serbia ensure access to procedures to seek compensation and services for their physical and psychological recovery and social reintegration, and provide shelters where children are separated from adults. Further, the Committee recommended that Serbia take measures to prevent child sex tourism.

56. CERD was concerned that Roma lacked personal identification documents and birth certificates, and urged Serbia to ensure that all persons lacking personal documents have access to registration and documents to exercise their rights. The HR Committee raised similar concerns and recommendations.

72. CERD expressed concern about Roma segregation regarding access to education, and urged Serbia to address de facto public school segregation; facilitate access to quality education by, inter alia, increasing the number of Roma teaching assistants; and develop specialized procedures for the reception and placement of Roma children returnees.

73. UNCT noted that although the Law on Basis of Education adopted in 2009 prohibited discrimination in line with the Law on the Prohibition of Discrimination, its implementation was still partial and greater attention must be paid to preventing the segregation of Roma students in special schools and within mainstream schools.

75. UNCT noted that no remarkable progress had been made in the de-institutionalization process for adult persons with disabilities. Large-scale institutions for both children and adults with mental disabilities were still a cause for concern.

76. CERD also noted with concern the political and historical prejudices towards minorities, including Bosniaks, Albanians, Vlachs and Bunjevac communities, which were subject to exclusion and discrimination, particularly regarding employment, education and representation in national public affairs. In addition, the Committee was concerned that Roma, Ashkali and Egyptians were subject to discrimination, prejudice and stereotyping, particularly regarding employment, health-care services, political participation and access to public places. The HR Committee shared the CERD concerns regarding Roma. In particular, UNCT expressed concern about the severe discrimination faced by Roma.

77. The Office of the United Nations High Commissioner for Refugees (UNHCR) stated that Roma, Ashkali and Egyptian communities in Serbia often faced obstacles in meeting the requirements for obtaining national identity cards, primarily because they lacked proof of birth registration along with proof of citizenship and registration of residence.

78. In addition, UNCT viewed the removal of administrative fees relating to birth registration procedures as a step forward, but expressed concern that other costs, such as municipal taxes and travel costs, remained a significant obstacle in the area of birth registration, citizenship and documentation for poor and marginalized Roma.

81. CRC recommended that Serbia establish an identification mechanism for children, including asylum-seeking, refugee children and unaccompanied children, who may have been involved in armed conflict abroad; and provide them with assistance for their physical and psychological recovery and social reintegration.

88. The Representative was concerned that the situation of Roma IDPs exposed to toxic lead waste in Northern Mitrovica/Mitrovicë had still not been resolved and that children in particular were still exposed to grave risks to their health and physical integrity.

Summary of stakeholders' information

2. ECPAT International (ECPAT) recommended ratification of the Optional Protocol to the Convention on the Rights of the Child (CRC) on a communication procedure. Joint Submission 1 (JS1) recommended that the Government of Serbia take measures to prepare law proposal on ratification of the same optional protocol by end of 2013.

5. JS1 noted that the legislation in Serbia had not yet been fully harmonized with international standards of the CRC. JS1 also noted that a working group of experts has prepared a pre-draft for a comprehensive child rights law during 2010-2011, which is under continual discussion.

6. ECPAT noted that Serbia had no specific child protection law and that most provisions protecting children against sexual exploitation were included in the Criminal Code. ECPAT also noted several amendments introduced to bring them in conformity with principles and provisions of the CRC, the UN Trafficking Protocol and the CoE Convention against Cybercrime and Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. However, ECPAT stated that gaps in national legislation existed leaving children partly unprotected. At the same time, ECPAT noted that the national legislation addressing child pornography was not fully consistent with relevant international and regional standards.

7. ECPAT recommended: providing a clear definition of child pornography in national legislation in line with the definition provided in the CoE Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse; and including the offence of soliciting a child online for sexual purposes and of “knowingly obtaining access through information and communication technology to child pornography” in national legislation.

9. JS1 noted that Deputy Ombudsman for Children in the Protector on Human Rights of Serbia was optional according to the Law on the Protector of Citizens. JS1 also noted that the Child Rights Council, a consultative body of the Government of Serbia, for the protection of the rights of the child had not worked since 2010.

10. Joint Submission 3 (JS3) recommended that the National Human Rights Institution should prioritize the situation and protection of human rights defenders on its agenda as one of its core activities and set up a focal point for human rights defenders.

11. According to JS1, there is no strategic plan for child rights in Serbia while there is the national action plan for children adopted in 2004, which was to be revised in 2010, but no revision has been made. JS1 regarded the failure of such revision as a step backward. JS1 also noted some sectoral strategies, including Poverty Reduction Strategy, National Strategy for Violence Prevention and Children Protection against Violence, Strategy on HIV/AIDS, Strategy on Combating Drugs (2009 – 2013), and Strategy of Sport Development (2009 – 2013).

12. JS1 recommended that Serbia take measures to adopt an overall strategy for child rights; establish independent, legally justified and clearly defined institution for the rights of the child in accordance with General Comments No. 2 of the CRC; and allocate measurable and transparent budget for children.

13. JS1 noted that there was no governmental body in charge for monitoring and evaluation of existing CRC concluding observations.

16. JS1 noted that there had been limited implementation of the UPR recommendation of the previous cycle to strengthen measures that ensure registration of Roma in Serbia: Apart from abolishing the administrative fees, no measures had been taken to address discrimination against Roma children. In this connection, JS1 recommended that Serbia take measures to amend existing regulations to allow birth registration regardless of the legal status of parents, and ensure that late birth registration is available and accessible for all children without discrimination. Joint Submission 2 (JS2) also expressed similar concerns on lack of progress for the protection of national minorities.

17. The CoE Committee for the Prevention of Torture (CoE/CPT) stated that during its visit to Serbia in February 2012, it received several allegations of ill-treatment by law enforcement officials, including in respect of juveniles. The alleged ill-treatment consisted of slaps, punches, kicks and truncheon blows and concerned the time of apprehension or when suspects were being interrogated in police stations.

18. AWC noted that Serbia adopted a host of policies in the field of violence against women, including the 2011 National Strategy for Prevention and Elimination of Violence against Women in the Family and in Intimate Partner Relationship, whose action plan for implementation was still lacking, and the 2011 General Protocol on procedures and cooperation of institutions, agencies and organizations in situations of domestic and partner relationship violence. Helsinki Committee for Human Rights in Serbia (HCHRS) recommended harmonization of legal solutions in order to guarantee rights of victims of domestic violence in accordance with international standards. HCHRS further recommended amendment to the Criminal Procedure Law that would expand the term “family member” in the criminal offence of domestic violence to include former spouse, partner or former partner, persons who were or still are in an emotional or sexual relationship, who have a joint or conceived child.

22. In addition, ECPAT noted that the National Plan of Action for Prevention and Protection of Children from Violence (2010-2015) did not include all forms of commercial sexual exploitation of children urging the Serbian Government to develop a national plan of action specifically addressing the sexual exploitation of children.

23. ASTRA noted that victim assistance could be provided within the existing social welfare and public health systems. However, such assistance was often insufficient and inappropriate, and not always available to all victims. Victims who do not have proper documents were faced with the greatest obstacles. Free legal aid for trafficked persons funded by the central and local Governments still did not exist in Serbia. ECPAT also noted the lack of reintegration and rehabilitation programmes and support services exclusively for child victims of sexual exploitation. JS1 also noted similar concerns. JS1 recommended that Serbia take measures to systematically find a solution to provide immediate accommodation of children who are victims of trafficking and introduce new social reintegration programmes for children.

24. While noting that there is lack of a definition and prohibition of child prostitution in Serbian national legislation, ECPAT recommended that Serbia provide a clear definition of child prostitution in its national legislation in line with its international obligations under the OP-CRC-SC and explicitly prohibit and criminalize conducts related to child prostitution.

26. Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that in the previous UPR review, Serbia accepted the recommendation to prohibit corporal punishment, including in the family. GIEACPC also noted the adoption of various national policies touching upon this issue, including the 2008 National Strategy for the Prevention and Protection of Children against Violence and its implementation action plan adopted in 2010. GIEACPC further noted that a draft law on the Rights of the Child that includes provisions to prohibit all corporal punishment was being discussed. At the same time, GIEACPC stated that there had been no change in the legality of corporal punishment of children since Serbia’s last UPR review. As such, children may lawfully be physically punished in the home and in alternative forms of care.

27. JS1 stated that corporal punishment was common punishment in children’s upbringing and it was not forbidden by law. JS1 noted that peer violence had intensified. In this connection, JS1 recommended that Serbia take measures to adopt regulations that shall explicitly forbid corporal punishment as a disciplinary method in the family environment.

28. ASTRA noted that there was the prevalence of internal trafficking, including during 2011. The proportion of children mostly girls, among identified trafficking victims, had been very high year after year. ASTRA also noted that one of the major problems in Serbian anti-trafficking efforts was the absence of sustainable and predictable budgetary financing. As such, direct victim assistance still depended primarily on support from foreign donors whereas state support was sporadic and non-systemic. In this connection, ASTRA noted that the new anti-trafficking strategy and national action plan was in the process of being drafted without ensuring reliable budget allocation for its implementation. Similarly, ECPAT noted the adoption of a protocol by the Ministry of Justice on the treatment of trafficking victims aimed at improving and institutionalizing the Government’s treatment of victims and witnesses, including judicial proceedings. ECPAT recommended that Serbia implement this protocol as well as monitor and evaluate its impact.

29. ASTRA further noted that although children had constituted a large proportion of victims identified in Serbia, there still lacked specialized assistance and reintegration programme for children. A shelter specialized for children victims of human trafficking still did not exist, and if a child victim was not returned to the family, the child was accommodated either in the shelter for adults or in one of the institutions for children without parents, which does not have specialized recovery and reintegration programmes.

30. ASTRA expressed concern that only a small number of traffickers were sentenced to imprisonment while in a couple of cases, victims had been convicted of something they have done as trafficking victims. ASTRA also noted that despite numerous trainings, judicial professions still did not understand human trafficking. Both judges and prosecutors were often insensitive to the vulnerability of victims and paid no attention to secondary victimization. Similarly, ECPAT noted that the training of law enforcement officials on commercial sexual exploitation of children issues was minimal recommending that Serbia prioritize the training and capacity building of such officials and other professionals working with children and on commercial sexual exploitation of children issues.

40. Despite a series of reform measures undertaken in the field of juvenile justice, JS1 noted the problem of lack of implementation of diversionary orders, lack of adequate conditions and precisely-defined standards for juveniles in detention, lack of conditions for implementation of alternative to detention, and lack of institutions that may execute criminal sanctions, in particular those for execution of safety measures of treatment in a psychiatric institution.

41. JS1 noted that Serbia had taken significant steps in terms of de-institutionalization and family-care of children without parental care. However, JS1 noted that there were no sufficient services of support for children and families and the lack of support for juveniles without parental care while they were in the process of obtaining their independence. JS1 recommended that Serbia take measures to provide licenses and integrate into the system the existing efficient services providers outside the state sector.

43. According to JS4, same-sex couples are deprived of any form of legal recognition thus deprived of any rights as a family even if they co-habit and constitute the de facto family. JS4 noted that same-sex couples were not allowed to jointly adopt children as Serbian law did not recognize any parental or custodial rights and obligations for a partner in a same-sex couple regarding the child of the other partner and prohibited second-parent adoption of the child.

57. AI also expressed concern that Roma had suffered violations of other rights, including their rights to work, social insurance, education, healthcare, water and sanitation, and freedom of movement and residence. STP expressed similar concerns.

59. AI noted that Roma living in informal settlements faced considerable difficulties getting access to basic documentation such as birth certificates and registering as residents. The 2011 legislation that would have enabled those living in informal settlements to register their residency had not been implemented. Consequently, they were frequently denied access to services such as education, health, social insurance and employment. STP also noted a similar concern.

61. JS1 noted that development of children in Roma families was in danger due to lack of elementary housing, sanitation, and other infrastructure and nutrition.

63. STP stated that Roma were denied access to healthcare without an officially registered address until 2010 when the Procedures Act allowed Roma without official accommodation to obtain a health book thus providing better access to the health system. In particular, JS1 noted the high percentage of mortality among Roma children.

64. JS1 recommended that Serbia introduce specialized services for children with behavioural disorders and their families in policies and action plans in the area of social and healthcare. Specifically, JS1 expressed concern on the use of human insulin therapy for children under the age of 5 with diabetes.

66. JS1 noted that in 11 municipalities of Serbia, more than 400 children walked to school without adequate transportation to their elementary schools. JS1 recommended that Serbia prescribe specific procedures for unified budgeting and control of transportation costs in all local self-government units for the fiscal year 2014.

67. STP noted that over 80 per cent of Roma were illiterate and that 66 per of the Roma children were registered at primary schools, but only 13 per cent of them graduated. JS5 also noted that the educational situation of Roma children was characterized by low enrolment rates, high dropout rates and the misplacement of students in special schools and classes offering sub-standard education.

68. JS1 recommended that Serbia introduce systematic education/curriculum for the members of inter-departmental commissions in the field of protection and education, and for professional associates in schools aimed at an adequate evaluation of needs and devising individual support and individual educational plan for children.

69. JS5 recommended that Serbia make segregation on the basis of ethnicity illegal and explicitly mandate school desegregation of Roma children as part of a wider process of implementing a fully inclusive education system for all. JS5 further recommended that Serbia adopt a concrete plan and timeline commencing in 2012 with clear annual targets to eliminate school segregation and secure the full integration of all Roma children and children with an actual or perceived disability into an inclusive education setting within five years.

73. HCHRS recommended that Serbia: change the definition of disability in labour legislation; promote and implement the Law on Prevention of Discrimination, prevent abuse and mistreatment of persons with disabilities at work; establish a coherent system of stimulating measures for employers who engage persons with disabilities to avoid contradicting measures; reform occupational courses for persons with disabilities in accordance with the labour market; form a registry of occupations adequate for persons with disabilities; and develop new educational programmes and additional education in line with the labour market. JS6 made similar recommendations.

75. JS1 recommended that Serbia increase the accessibility of education for children with developmental disabilities by providing financial means for their transportation to the educational institutions and removal of all physical barriers that obstruct accessibility of education for all children.

78. STP stated that discrimination against Roma was noticeable in the areas of education, employment, housing, and healthcare. Similarly, CoE/ECRI noted that Roma continued to face high unemployment levels, discrimination in education and sub-standard living conditions.

Accepted and Rejected Recommendations - To follow

 

Countries

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