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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports. This report includes all Special Procedure visits since Serbia and Montenegro split in 28 June 2006. Scroll to: _____________________________________________ (R in Aug 2009) SR on racism _____________________________________________ UN Special Rapporteur on freedom of religion or belief, Asma Jahangir (A/HRC/13/40/Add.3 ) Country visit: 30 April to 5 May 2009 Legal framework: According to article 11 of the Constitution, Serbia is a secular State, churches and religious communities are separated from the State, and no religion may be established as a State or mandatory religion. According to its article 21, all direct or indirect discrimination based on any grounds, inter alia on religion, is prohibited. Freedom of thought, conscience, belief and religion as well as the right to retain one's belief or religion or change them by choice are guaranteed by article 43 of the Constitution. Furthermore, no person has the obligation to declare his religious or other beliefs. Parents and legal guardians have the right to ensure the religious and moral education of their children in conformity with their own convictions. (Paragraph 7) Article 44 of the Constitution states that churches and religious communities are equal and free to organize independently their internal structure, religious matters, to perform religious rites in public, to establish and manage religious schools, social and charity institutions, in accordance with the law. The Constitutional Court may ban a religious community only if its activities infringe the right to life, the right to mental and physical health, the rights of the child or the right to personal and family integrity, public safety and order, or if it incites religious, national or racial intolerance (article 44 of the Constitution). (Paragraph 9) Religious education: The Special Rapporteur was informed that religious instruction classes in the first years of primary and secondary schools were in practice only available for members of "traditional" churches and religious communities. In addition, some children belonging to "non-traditional" religious minorities have reportedly been forced to attend Serbian Orthodox liturgies in the context of school events despite their parents' clear objection against such activities. In addition, Jehovah's Witnesses reported that some of their members have lost custody of their children when they were involved in divorce cases with a spouse who was not a Jehovah's Witness and they alleged that the judgements were biased on the basis of the parents' religious affiliation. (Paragraph 24) Discrimination: Members of religious minorities also reported that their engagement in humanitarian aid activities during the 1990s was publicly criticised as a concealed approach for "buying souls" and indoctrinating children. In recent years, "non-traditional" religious minorities have been described by police officers, teachers and in the media as "dangerous cults", "satanic organisations" or "totalitarian sects" without being given any possibility to reply. States should take all appropriate measures to ensure that the child is protected against all forms of discrimination and to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of the parents or legal guardians. At the same, the Special Rapporteur calls upon public officials, teachers and the media to play a more constructive role in promoting religious tolerance. She would like to refer to General Assembly resolution 63/181, in which the Assembly urges States to step up their efforts to ensure that all public officials and civil servants, including members of law enforcement bodies and educators, in the course of fulfilling their official duties, respect all religions or beliefs and do not discriminate for reasons based on religion or belief, and that all necessary and appropriate education or training is provided. (Paragraph 25) _____________________________________________ Special Representative of the Secretary-General on the situation of human rights defenders (A/HRC/7/28/Add.3) Country visit: 17 to 19 September 2007 Institutional framework: There is no national plan of action or strategy on human rights that guides the coordination function of the Agency. This reflects, on the one hand, a lack of commitment to its mandate and, on the other renders the Agency unable to take a lead role in driving a Government human rights agenda. The Special Representative was, however, told that national action plans on children and on women are in the process of preparation. (Paragraph 34) A high-profile coalition of eight NGOs has prepared the ground for other human rights organisations which are now functioning in the country. Many of these defenders work on transitional justice and accountability for past abuses and war crimes. (Paragraph 52)Other areas of work include the rights of minorities, discrimination, women's rights, lesbian, gay, bisexual, transgender and intersex (LGBTI) rights, disability, and children's rights. Defenders provide legal aid, monitor and report on prisoners' rights, and conduct human rights education and training. Some defenders file cases at the European Court of Human Rights and refer to the decisions of the Court at the national level. (Paragraph 53) Trafficking: There are also reports of present human rights violations, such as police torture and ill-treatment, domestic violence, trafficking in women and girls and discrimination against Roma. Defenders working on LGBTI rights are confronted with cases of hate speech, intolerance and homophobia, both in the media and in public discourse. (Paragraph 58)
Please note that the language may have been edited in places for the purpose of clarity.
Report published: 28 December 2009
Report published: 4 March 2008