SERBIA: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purposes of clarity.

Scroll to:

• UN Human Rights Committee
• UN Committee on Economic, Social and Cultural Rights
• UN Committee against Torture
  - follow-up
• UN Committee on the Elimination of Discrimination against Women
• UN Committee on the Elimination of Racial Discrimination
• UN Committee on Migrant Workers
• UN Committee on the Rights of Persons with Disabilities
• UN Committee on Enforced Disappearance

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UN Human Rights Committee

 

CCPR/C/SRB/CO/3

Adopted by Commmittee: 23 March 2017

Published: 10 April 2017

Issues Raised:

Dicsrimination:

The Committee reiterates its concerns that, despite the State party’s efforts, members of the Roma community continue to suffer from widespread discrimination and exclusion, unemployment, forced eviction and de facto housing and educational segregation While noting that the State party has made progress on the issue of registration, it is concerned about the continued difficulties faced by internally displaced Roma in terms of: (a) registering births and their place of residence and acquiring identification documents, including as a result of a narrow interpretation of the law on permanent and temporary residence; (b) being integrated into Serbian society; and (c) the poor conditions reported in collective centres (arts. 2, 7, 16-17, 24 and 26) (para. 14).

Harmful practices:

The Committee is concerned about reported cases of early arranged marriage in some Roma communities (para. 18).

The State party should take all measures necessary to protect women belonging to vulnerable groups, including from early marriage (para. 19).

Violence:

While acknowledging the State party’s efforts to prevent violence against women and children, including domestic violence, the Committee is concerned that in practice severe forms of such violence remain prevalent. The Committee is particularly concerned at the inadequacy of the response of law enforcement and judicial authorities to cases of domestic violence, as few reported cases result in prosecutions and convictions (arts. 2-3, 6-7 and 26) (para. 20).

The State party should increase its efforts, including by: (a) ensuring that sufficient technical and financial resources and training are dedicated to addressing the problem of violence against women and children; (b) doing more to raise public awareness of the adverse impact of domestic violence; (c) ensuring that women are made aware of the option provided in the new law on the prevention of domestic violence of requesting a restraining order and that the law is effectively implemented and enforced; and (d) ensuring that domestic violence cases are thoroughly investigated, that perpetrators are prosecuted and, if convicted, punished with sanctions commensurate to the severity of the crime (para. 21).

Deaths in and disappearances from maternity wards

The Committee is concerned about the lack of legislation providing redress to parents of newborn children who have allegedly died in or disappeared from maternity wards, mostly between the 1970s and the 1990s (arts. 2, 6 and 23) (para. 24).

The State party should take steps to ensure the rapid adoption of a law addressing alleged past deaths or disappearances of newborn children and providing parents with individual redress (para. 25).

Trafficking in Persons and Forced Labour:

The Committee is concerned about the situation of children trafficked or exploited by family members or others who are forced to work, beg or engage in prostitution (arts. 7-8, 13 and 24) (para. 30).

The State party should ensure that children are removed from families that are responsible for their exploitation and fully recognize children as victims rather than perpetrators of crimes; (e) ensure that the labour inspectorate and relevant coordinating bodies are provided with sufficient resources, training and access to identify and prevent child labour; and (f) develop programmes to rehabilitate victims, including children, of trafficking and forced labour (para. 31).

Refugees and asylum seekers:

The Committee is concerned about inadequate conditions in reception centres, including when unaccompanied minors are placed with adults, and the absence of care for individuals outside of reception centres;  inadequate access for unaccompanied minors to guardians who make decisions in the best interest of the child; and inadequate procedures to determine the age of unaccompanied minors (arts. 6-7, 13 and 24) (para. 32).

The State party should strictly respect its national and international obligations by: ensuring that appropriate protocols are in place for identifying the age of unaccompanied minors and ensuring that they receive appropriate guardianship and treatment that takes into account the principle of the best interests of the child (para. 33).

CCPR/C/SRB/CO/2

Last reported: 17 and 18 March 2011
Concluding Observations adopted: 29 March 2011

Concerns raised:

• Domestic violence: The State party should continue its efforts to combat domestic violence and establish victims' support centres, adequately equipped with medical, psychological and legal support, and shelters for victims of violence, including for children. In order to raise public awareness, it should disseminate information on this issue through the media. The State party should ensure that cases of domestic violence are thoroughly investigated and that the perpetrators are prosecuted, and if convicted, punished with appropriate sanctions, and that the victims are adequately compensated. For these purposes, the State party should also ensure that police, local authorities, medical and social workers are adequately trained and sensitised on the matter. (para. 9)

• Trafficking of children: While taking note of the progress made in the State party's combat against trafficking in human beings, the Committee is concerned at information indicating that more than half of the victims of trafficking and sexual exploitation are minors. It is also concerned about the uncertain situation of witnesses in trafficking trials, who are foreign nationals, and who are only granted temporary residence permits for the duration of the trial. (art.8)

  The State party should continue its efforts to raise awareness and to combat trafficking in human beings, including at a regional level and in cooperation with neighbouring countries. It should ensure that all persons responsible for trafficking in human beings are prosecuted and punished commensurate with the crimes committed and that victims of trafficking are rehabilitated. The State party should vigorously pursue its public policy to combat trafficking, in particular in minors for sexual exploitation, through the adoption of specific targeted measures and action plans on the matter, bearing in mind that the best interest of the child must be a primary consideration in all such actions. Child victims of trafficking should be provided with appropriate assistance and protection, and full account should be taken of their special vulnerabilities, rights and needs. The State party should also ensure that foreign nationals, acting as official witnesses in trafficking trials, have their situation reviewed individually at the end of such trials, with the aim of assessing whether they would be at risk if they were to be returned to their country of origin. (para. 16)

• Birth registration: Despite the action taken so far by the State party to address the problem of individuals without identification documents, including displaced persons as a result of the past conflicts, a large number of persons under the State party's jurisdiction, mainly Roma, live without any identification documents and their births were never registered with the authorities. The Committee considers that this situation creates an impediment for members of the State party's most vulnerable group, i.e. Roma, in enjoying a range of human rights, including under the Covenant, and prevents them from benefiting inter alia from social services, social benefits and adequate housing and limits their access to employment, etc. (art. 12, 26, 24)

  The State party should continue its efforts to provide all persons under its jurisdiction with identification documents, in particular those who were never registered or issued with such documents. The State party should increase its efforts to ensure effective access to adequate housing and social benefits and services to all victims of past conflicts under its jurisdiction, including Roma. (para. 19)

• Discrimination against Roma: While noting the State party's efforts to improve the situation of the Roma, including the adoption of the Strategy for Improving the Status of Roma (2009) and an Action Plan thereof, as well as the establishment of the Governmental Council for Improving the Status of Roma and the Implementation of the Decade of Roma Inclusion (2005-2015), the Committee remains concerned at widespread discrimination and exclusion of the Roma in various areas of life such as education, housing, adequate health care, and political participation. (art. 2, 26, and 27)

  The State party should strengthen its efforts to eradicate stereotypes and widespread abuse against Roma by, among others, increasing awareness-raising campaigns that promote tolerance and respect for diversity. The State party should also adopt measures to promote access of Roma to various opportunities and services at all levels, including, if necessary, through appropriate temporary special measures. (para. 22)

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12 August 2004 (Serbia and Montenegro)

• Trafficking of children: The Committee notes that Serbia and Montenegro is a main transit route for trafficking in human beings and increasingly a country of origin and destination. It welcomes the efforts made by the State to address the situation regarding trafficking in women and children, including the establishment of national teams to combat trafficking, as well as the introduction of a criminal offence directed to trafficking in human beings, although some concerns regarding the definition of trafficking remain.

  The Committee expresses concerned at the lack of effective witness protection mechanisms and noted the apparent lack of awareness about trafficking in women and children on the part of law enforcement officials, prosecutors and judges. The Committee notes that shelters and SOS hotlines are managed by non-governmental organisations, which have also organised awareness campaigns, and highlighted the lack of adequate involvement by the authorities in these initiatives. The Committee recommends that the State take measures to combat trafficking and strong measures should be taken to prevent trafficking and to impose sanctions on those who exploit women and children in this way. Protection should be extended to all victims of trafficking so that they may have a place of refuge and an opportunity to give evidence against the persons responsible in criminal or civil proceedings. (paragraph 16)

  
   
• Domestic violence: The Committee expresses concern at reports of high rates of domestic violence. While noting the efforts made by the State to combat domestic violence, particularly in the area of legislative reform, the Committee regrets the lack of statistics and detailed information provided on the nature and extent of the problem.

  The Committee recommends that the State establish crisis-centre hotlines and victim support centres equipped with medical, psychological and legal support, including shelters for battered spouses and children. In order to raise public awareness, it should disseminate information on this issue through the media.

  
   
• Internally displaced people: The Committee expresses concern about the lack of full protection of the rights of internally displaced persons in Serbia and Montenegro, particularly with regard to access to social services in their places of actual residence, including education facilities for their children.

  The Committee recommends that the State should take effective measures to ensure that all policies, strategies, programmes and funding support have as their principal objective the enjoyment by all displaced persons of the full spectrum of Covenant rights. Furthermore, internally displaced persons should be afforded full and effective access to social services, educational facilities, unemployment assistance, adequate housing and personal documents, in accordance with the principle of non-discrimination. (paragraph 18)

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UN Committee on Economic, Social and Cultural Rights

(E/C.12/SRB/CO/2)

 

Last reported: 15 May 2014

Concluding Observations published: 23 May 2014

 

Concerns raised:

Trafficking: The Committee is deeply concerned about the increase in trafficking in persons, both internal and cross-border, in particular women and children and the low numbers of persons prosecuted and convicted for the crime. The Committee is also concerned at the lack of medical, legal and social assistance, including shelter, to the victims of trafficking (art. 10). (paragraph 25)

 

The Committee recommends that the State party:

(a) Take further measures to ensure early identification of victims and adequate training of law enforcement officers and the judiciary, with a view to effective investigation and prosecution of the perpetrators;

(b) Strengthen collection of data on the victims, perpetrators, investigations and sanctions, including for law enforcement officials implicated in trafficking;

(c) Provide adequate medical, legal and social assistance, including shelter, to the victims of trafficking, and ensure their access to judicial remedies.

 

Domestic violence: The Committee notes with concern the high incidence of abuse and neglect of children (art. 10). (paragraph 26)

The Committee urges the State party to effectively investigate, prosecute and punish all acts of domestic and gender based violence, including abuse and neglect of children. To support victims of such acts, including by providing for adequate crisis centers offering safe lodging and necessary assistance. Provide training to law enforcement officials and judges and undertake information campaigns in order to increase public awareness about the pervasive nature of such violence.

 

Separation of families: The Committee is concerned about the increase in separation of children from the family. It is also concerned about the insufficient information on the efforts to provide alternative family care for children without parental care, and the fact that community based alternatives to institutional care are insufficiently developed (art. 10). (paragraph 27)

 

The Committee urges the State party to:

(a)  take steps to ensure that the child-care system provide effective support to families in crisis and at risk of child separation from the family;

(b) Take further measures to provide adequate alternative family care for children without parental care, with a focus on children with disability;

(c) Accord priority to community based alternative social services, rather than residential institutional care for children without parental care, and develop proactive measures for leaving institutional care.

 

 

Child labour: The Committee notes with concern that many children, in particular Roma, below the minimum age for employment of 15 years work in the streets and in the informal economy, being exposed to exploitation and trafficking in persons (art. 10). (paragraph 28)

 

The Committee urges the State party to enhance the Labor Inspection in order to detect and prevent the worst forms of child labor, in particular by street children. The State party should also improve protection and reintegration programs that focus on family empowerment and elimination of different forms of abuse and economic exploitation of children, including by positive parenting programmes for marginalized communities, and compile information thereon.

 

Housing: The Committee is concerned about the recent incidents of forced evictions and resettlement of internally displaced persons and other disadvantaged groups from irregular settlements. The Committee is particularly concerned about the reports that some of the concerned families with children were not consulted beforehand and were left without adequate alternative housing, compensation and protection (art. 11). (paragraph 30)

The Committee urges the State party to take urgent measures to consult affected communities throughout all stages of evictions and to provide for adequate alternative accommodation in locations suitable for social housing construction.

 

 

Health services: The Committee is concerned about the increase of HIV/AIDS, the absence of information on sexual and reproductive health and rights as part of the education curricula, and the limited network of mental health services for children (art. 12). (paragraph 33)

 

The Committee recommends that the State party increase the budgetary allocations to the health sector, ensure that disadvantaged individuals have a health card so that they can have access to health care and that it extend health services to rural areas. The State party should also promote adolescent health and provide health counselling and services to the general public, provide for comprehensive sexuality education, and extend the network of mental health services for children while replacing institutional care with community based support services.

 

 

Education:The Committee is concerned that asylum-seeking children accommodated in the asylum centres in the State party are not being enrolled into local schools (arts. 13 and 14). (paragraph 34)

 

The Committee recommends that the State party enable access to primary education and facilitate access to secondary education in line with the Law on Asylum to all children asylum-seekers pending consideration of their refugee claim.

 

Discrimination: The Committee is concerned about the prevalence of violence and discrimination in schools, and the lack of enrolment of children with disabilities into mainstream education. It is also concerned about the placement of Roma children in special schools or classes, high dropout rates of Roma children from primary education as well as low school attendance (arts. 13 and 14). (paragraph 35)

 

The Committee recommends that the State party:

(a) Intensify implementation of measures to prevent violence and discrimination in schools, including by peer programmes and enhanced intra-school relations;

(b) Ensure inclusive education to all children with disabilities in mainstream schools;

(c) Guarantee the enrolment of Roma children in regular classes of primary schools instead of schools or classes for children with special needs;

(d)  Reduce the high drop-out rates of Roma children from primary education, and take effective measures to keep Roma attending school and increase school attendance at the secondary level through affirmative actions, such as grant of scholarships and provision of schoolbooks.
 

 

Last reported: 2-3 May 2005 (Serbia and Montenegro)

Concluding Observations adopted: 13 May 2005

 

Concerns raised:

 

Child trafficking: The Committee expresses deep concern about the high numbers of trafficked women and children for purposes of sexual exploitation and forced labour, as well as about reported incidents of police involvement. (paragraph 25)

Child labour: The Committee notes with concern that many Roma children below the minimum working age of 15 years work in the informal economy without being covered by the labour code's special provisions on protection of minors. (paragraph 26)

The Committee recommends that the State ensure the protection of minors against economic and social exploitation and take all necessary measures to combat and punish employment of children below the age of 15. (paragraph 53)

Education: The Committee expresses concern that a high percentage of Roma children and children belonging to other minority groups, as well as refugee and internally displaced children, are not enrolled in school, drop out at an early stage, are being discriminated against at school, or are placed in schools for children with special needs. (paragraph 37)

Rehabilitation: The Committee urges the State to take effective measures to ensure the immediate protection and long-term rehabilitation of abused children and to include in its next report detailed information on these measures as well as on the number of reported cases of child abuse. (paragraph 51)

The Committee requests that the State ensure the provision of adequate counselling and other assistance to victims of physical and sexual violence and other traumatising experiences related to armed conflict, in particular women and children, and to include information on these and other mental health services, as well as on the number of victims of such violence, in its next report. (paragraph 63)

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UN Committee against Torture

(CAT/C/SRB/CO/1)

Last reported: 5 and 6 November 2008
Concluding Observations adopted: 17 and 18 November 2008

Concerns raised:

• Ombudsperson's office: The Committee welcomes the establishment of the Ombudsman and the appointment of a deputy Ombudsman to improve the situation of persons deprived of liberty in institutions and prisons, including persons with mental, intellectual or physical disability and learning difficulties. However, the Committee expresses concern that there is no specific mandate to monitor children's rights to be free from violence. It recommends that the State should consider taking the necessary measures to ensure that the Ombudsman promote and protect children from violence and in particular consider the adoption of a Law for the Ombudsman for the Rights of the Child. (paragraph 7)
   
• Torture and disability: The Committee notes the State's acknowledgement that poor and inadequate treatment takes place in some institutions and expressed its continued concern at the reports of treatment of children and adults with mental or physical disability, especially at the forceful internment and long-term restraint used in situations that amount to torture or cruel, inhuman and degrading treatment or punishment in social-protection institutions for persons with mental disability and psychiatric hospitals. The Committee is concerned that no investigation seemed to have been initiated with respect to treatment of persons with disability in institutions amounting to torture or inhuman or degrading treatment. The Committee recommends that the State should:

  - Initiate social reforms and alternative community-based support systems in parallel with the ongoing process of de-institutionalisation of persons with disability, and strengthen professional training in both social-protection institutions for persons with mental disability and in psychiatric hospitals; and
  - Investigate reports of torture or cruel, inhuman or degrading treatment or punishment of persons with disability in institutions. (paragraph 16)

• Domestic violence and sexual abuse of women and girls: The Committee notes that domestic violence was defined as a misdemeanour in the adoption of the Misdemeanours Act (2007), but expresses concern over the prolonged proceedings, prompting many victims to abandon them. The Committee expresses concern about reports that sexual abuse of girls has been on the rise in the past few years and at the low penalties that are pronounced against the perpetrators of domestic violence, the slowness of the proceedings, the lack of protection measures and the lack of adequate prevention measures in place. The Committee recommends that the State should:

  - Increase its efforts to ensure that urgent and efficient protection measures are put in place and to prevent, combat and punish perpetrators of violence against women and children, including domestic violence;
  - Ensure adequate implementation of the national strategy to prevent domestic violence;
  - Conduct broader awareness-raising campaigns and training on domestic violence for officials (judges, lawyers, law enforcement agencies, and social workers) who are in direct contact with the victims as well as for the public at large; and
  - Take necessary measures to increase cooperation with NGOs working to protect victims from domestic violence. (paragraph 19)

• Corporal punishment: The Committee notes that corporal punishment of children is not explicitly prohibited in all settings and that it is a common and accepted means of childrearing. It urged the State, taking into account the recommendation in the United Nations Secretary General's Study on Violence Against Children, should adopt and implement legislation prohibiting corporal punishment in all settings, including the family, supported by the necessary awareness-raising and public education measures. (paragraph 20)

• Trafficking: The Committee takes note of the inclusion of trafficking in the new Criminal Code. However it expresses concern that the State does not have an effective system in place to monitor and assess the extent and impact to address this phenomenon effectively. It also expresses concern at the decrease in the minimum penalties from five to three years of imprisonment and that redress and reintegration services are insufficient for victims of trafficking. It recommended that the State:

  - Continue to prosecute and punish perpetrators of trafficking in persons, especially women and children;
  - Intensify its efforts to provide redress and reintegration services to victims;
  - Conduct nationwide awareness-raising campaigns and conduct training for law-enforcement officials, migration officials and border police on the causes, consequences and incidences of trafficking and other forms of exploitation;
  - Adopt a National Action Plan for combating human trafficking and ensure that programs and measures are put in place for treating children victims of trafficking; and
  - Increase cooperation by the police and the Agency for Coordination of Protection of Human Trafficking Victims with NGOs working against human trafficking. (paragraph 21)

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UN Committee against Torture: follow-up

State submission received February 2010 – Information under review

Follow-up issues included:

Torture and disability

16. The Committee notes the State party's acknowledgement that poor and inadequate treatment takes place in some institutions and remains concerned at the reports of treatment of children and adults with mental or physical disability, especially at the forceful internment and long term restraint used in institutions that amount to torture or cruel, inhuman and degrading treatment or punishment in social protection institutions for persons with mental disability and psychiatric hospitals. The Committee is concerned that no investigation seems to have been initiated with respect to treatment of persons with disability in institutions amounting to torture or inhuman or degrading treatment. (arts. 2, 12, 13 and 16)

The State party should:

(...)

b) Investigate reports of torture or cruel, inhuman or degrading treatment or punishment of persons with disability in institutions.

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/SRB/CO/2-3
Last reported: 18 July 2013
Concluding Observations issued: 25 July 2013

Issues raised:

 

Education: While noting the new inclusive education under the Law on Fundamentals of the Education System, the Committee remains concerned at: (Para 28).

(a)     The low enrolment of Roma girls and boys at the primary and secondary levels of education and their low levels of completion rate, which is more marked among girls;

(b)     The persistence of gender stereotypes in curriculum materials and textbooks of secondary education; and

(c)      The inadequate inclusion of education on sexual and reproductive health and rights in the school curricula at all levels of education.

29. The Committee recommends that the State party raise awareness of the importance of education as a human right and as the basis for the empowerment of women and girls. To this end, it urges the State party to:

(a)     Promote enrolment and attendance of Roma children, particularly girls, at the primary and secondary levels of education in regular schools, and eliminate all barriers, including financial barriers, for their access to education;

(b)     Review and revise materials and textbooks used for secondary education to eliminate patriarchal gender stereotypes; and

(c)      Introduce age-appropriate sexual and reproductive health and rights education, including issues of gender relations and responsible sexual behaviour, in the curriculum for all levels of the education system.

 

Health:  While noting the legislative and policy measures taken by the State party, including the extension of compulsory health insurance to the Roma population, the Committee remains concerned about: Para 32.

(a)     The limited implementation of such laws and policies and the restricted access for Roma women, women with disabilities and victims of rape to health care services;

(b)     The difficulties faced by women with disabilities in enjoying their right to reproductive health services due to prejudices, the lack of trained personnel and accessible facilities;

(c)      The use of abortion as a method of birth control and the limited use of modern forms of contraception, poor quality of counselling services for family planning as well as the risk that, faced with declining fertility rates, the State party may take measures to reduce the present accessibility to abortion; and

(d)     The lack of access to second generation anti-retroviral treatment for women living with HIV/AIDS and the insufficient information on the prevention of mother to child transmission of HIV/AIDS and possible treatment.

33. The Committee urges the State party to:

(a)     Improve women’s access to quality health care and health-related services, in line with General Recommendation No. 24 (1999);

(b)     Ensure the effective implementation of laws and policies providing compulsory health insurance and free services to all women and girls;

(c)      Take necessary measures to ensure the full and effective realization of the right of women with disabilities to sexual and reproductive health by eliminating prejudices, training medical personnel and increasing the number of health facilities equipped to address their needs;

(d)     Reduce the use of abortion as a method of contraception by improving information on and access to modern forms of contraception which would be included in the positive list of drugs as well as ensure that abortion remains as accessible as it is at present, both legally and financially, and consider including its costs into the health insurance system;

(e)      Take immediate measures to provide access to women and girls living with HIV/AIDs to second generation anti-retroviral drugs and other necessary medications and services, as well as information on methods to prevent mother to child transmission of HIV/AIDs.

 

Child marriages: The Committee notes that the Action Plan (2010-2015) for the Implementation of the National Strategy for the Improvement of the Status of Women and Promotion of Gender Equality includes measures aimed at recognizing, preventing and solving problems of child marriages, forced (arranged) marriages and the practice of “selling brides”. It also notes the willingness of the State party to “discuss the Model Law on Same Sex Partnership prepared by the civil society” as expressed by the State party delegation. However, the Committee remains concerned that: Para 38.

(a)     No progress has been achieved in preventing early and forced (arranged) marriages among the Roma population and other minority groups;

(b)     The amendments to the Criminal Code in 2009 abolished articles on “concluding a void marriage” and on “enabling to enter into unlawful marriage”; and

(c)      The state child allowance stops at the fourth child, and collection of child support orders from fathers is inefficient.

39. The Committee urges the State party to:

(a)     Take all necessary measures to implement the provision of its Action Plan aimed at preventing early and forced (arranged) marriages among minority groups, in particular Roma, and increase awareness among such communities and social workers on the negative effects of early marriage on women’s health and education;

(b)     Review its Criminal Code to ensure that concluding a void marriage and enabling to enter into unlawful marriage are prohibited and adequately sanctioned;

(c)      Establish mechanisms to provide support to large families and to children whose fathers have failed to fulfil their maintenance obligations; and

(d)     Ensure the rapid adoption of the Model Law on Same Sex Partnership.

(CEDAW/C/SCG/CO/1)

Last reported: 16 May 2007
Concluding Observations adopted: 11 June 2007

Trafficking: The Committee welcomes measures taken by the State to combat human trafficking, including its accession to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the adoption of the Strategy against Human Trafficking in December 2006 and the creation, in 2004, of the Service for the Coordination of Assistance to Victims of Human Trafficking. However, the Committee expresses concern that Serbia remains a country of transit, origin and destination for trafficked women and girls. (paragraph 25)

The Committee urges the State to adopt the draft National Plan against Human Trafficking without delay and to establish a mechanism to monitor and evaluate its effectiveness. It also calls on the State to effectively apply its anti-trafficking legislation and programmes and to enhance international, regional and bilateral cooperation in order to further curb the phenomenon. The Committee requests that the State establish human rights-based protection and long-term reintegration programmes for victims. (paragraph 26)

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UN Committee on the Elimination of Racial Discrimination

(CERD/C/SRB/CO/1)

Last reported: 24 and 25 February 2011
Concluding Observations adopted: 10 March 2011

Concerns raised:

• Segregation of Roma children in education: The Committee expresses its concern that members of the Roma minority continue to experience segregation with regard to access to education. It is also concerned by the fact that Roma children returnees, upon readmission agreements from Western European countries, face additional difficulties in entering the Serbian educational system, due to inter alia enrolment and placement procedures (art. 3 and 5 (e) (v)).

  Bearing in mind its general recommendations 27, paragraphs 17-26 (2000) on discrimination against Roma, 32 on the meaning and scope of special measures, the Committee strongly urges the State party to address de facto public school segregation, and carry out the necessary measures to facilitate access to quality education including through anti-discrimination training for school staff and awareness-raising for parents, increasing the number of Roma teaching assistants, preventing de facto segregation of Roma pupils, and other measures for the promotion of inclusive education. It also encourages the State party to develop specialised and appropriate procedures for the reception, assessment and placement of children returnees and to increase the awareness of school teachers of the importance of such procedures. (paragraph 15)

• Birth registration: The Committee expresses its concern about the problem of legally invisible persons, who are according to reports, mostly Roma, Ashkali and Egyptian, and it is also concerned by the enduring vulnerability faced by returnees and internally displaced persons. In particular, it is concerned that members of the Roma minority face difficulties and discrimination due to their lack of personal identification documents and birth certificates which puts them at risk of statelessness and affects the exercise of their rights (arts. 5 (b) and 5 (d) (i), (ii), and (iii)).

  The Committee urges the State party to carry out the necessary measures, including legal amendments, to ensure that all persons lacking the required personal documents have access to registration and the necessary documents to exercise their rights. In particular, it recommends that the State party carry out campaigns to increase awareness of the importance of registration among the Roma, Ashkali and Egyptian population. In addition, the Committee recommends that the State party increase the safeguards against statelessness, and that it ratify the Convention on the Reduction of Statelessness of 1961. (paragraph 19)

• Human rights education: The Committee welcomes efforts by the State party to conduct human rights training among children and youth and to civil servants, but remained concerned that training in human rights and in interethnic harmony and tolerance remains insufficient and that a negative perception and stereotyping of minorities persists among the general public and judicial and administrative staff (art. 7).

  The Committee encourages the State party to strengthen its human rights training and continue programmes that foster intercultural dialogue, and emphasise tolerance and understanding with respect to the culture and history of different minority groups, especially among judiciary and law enforcement officials, including police and prison administration personnel, and among lawyers and teachers. The Committee further encourages the State party to continue implementing such programs in public education, in political fora, and in the media, with a view towards fostering greater respect for, and appreciation of the role of multicultural diversity in the State party. (paragraph 21)

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UN Committee on Migrant Workers

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UN Committee on the Rights of Persons with Disabilities

(CRPD/C/SRB/CO/1)

Concluding observations Issued: 21 April 2016

Issues raised and recommendations given:

Women with disabilities: The Committee is concerned at the lack of specific actions implemented by the State party to prevent and combat multiple and intersectional discrimination that women and girls with disabilities face, particularly in access to justice, protection against violence and abuse, education, health and employment (para 11).

The Committee recommends that the State party incorporate the perspective of women and girls with disabilities in its gender equality policies, programs and strategies and the gender perspective in its strategies on disability, to eradicate its multiple and intersectional discrimination in all areas of life; take appropriate measures to prevent and combat multiple and intersectional discrimination that women and girls with disabilities face, particularly in access to justice, protection against violence and abuse, education, health and employment; ensure consultation with women and girls with disabilities, through their representative organizations, on the design, implementation and evaluation of programs and measures in all matters that affect them directly (para 12).

Children with disabilities: The Committee is deeply concerned about the number of children with disabilities living in institutions, especially those with intellectual disabilities; that they constitute nearly 80% of children in institutions; and that information indicates that children with disabilities continue to be placed in institutions. The Committee is equally concerned that despite the legal prohibition on placement in institutions of infants under the age of 3 disabled infants with disabilities continue to be placed in institutions directly from maternity wards.  It is further concerned that despite efforts to develop foster care,  the level of day care, home assistance services, supporting housing, and counselling and therapy, within the framework of community-based services for families with children with disabilities in the State Party, remains insufficient. The State Party also seems to fail to develop efficient, sustainable and quality community-based care services based on the same standard at local level (para 13).

The Committee urges the State party to strengthen its efforts to deinstitutionalise children, in particular those with intellectual and/or psycho-social disabilities, to prevent any new institutionalisation of infant under the age of 3, and to ensure a more efficient transitions of boys and girls from institutions into families. In the interim period, it recommends the State party to provide children with disabilities with sufficient early childhood intervention and development services, to initiate education programmes for the staff in institutions, and to develop efficient community-based care services for those leaving institutions (para 14).

Liberty and security of the person: The Committee is concerned that the Law on the Protection of Persons with Mental Disabilities permits the deprivation of liberty on the basis of impairment and provides for involuntary hospitalization and forced institutionalization of children and adults with intellectual and/or psychosocial disabilities. The Committee urges the State party to repeal laws, including the law on the protection of persons with mental disabilities, and prohibit impairment-based detention of children and adults with disabilities, including involuntary hospitalization and forced institutionalization, and ensure that all relevant legislation and policies in this area are in line with the Convention as interpreted in the Committee’s guidelines on art. 14. It should also accelerate deinstitutionalization in consultation with organizations of persons with disabilities and the development of support services in the community (paras 25, 26).

Freedom from torture or cruel, inhuman or degrading treatment or punishment: The Committee is concerned about reports of the use of coercive measures including physical and chemical restraints as well as excessive antipsychotic therapy, and prolonged isolation of adults and children with psychosocial and with intellectual disabilities, considered as cruel, inhuman or degrading treatment, despite reports and recommendations by the national prevention mechanism for the prevention of torture. The Committee urges the State Party to prohibit all forms of coercive treatments against adults and children with disabilities, including physical and chemical restraints as well as excessive antipsychotic therapy and isolation considered to be cruel, inhuman or degrading treatments, as recommended by the national preventive mechanism against torture, and it calls upon the State Party to initiate administrative and criminal investigations on the reported cases in order to establish the respective responsibilities. (paras 27, 28).

Freedom from exploitation, violence and abuse: The Committee is concerned about the lack of effective measures to prevent violence against persons with disabilities, especially women with disabilities and sexual violence against children with disabilities in all settings, and the lack of complaints mechanisms against perpetrators and legal remedies. The Committee recommends that the State party ensure the availability and accessibility of effective independent monitoring mechanism and a transparent complaint procedure, as well as develop training programmes for the prevention of violence and abuse against persons with disabilities (paras 29, 30).

The Committee is concerned at reports of very poor living conditions in institutions.  It is particularly disturbed at reports of cases of abuse and neglect of persons with disabilities, especially children with disabilities in institutions, lack of contact and social interaction with other children and with their own families. The Committee recommends the State party to protect adults and children with disabilities in all institutional settings from violence, abuse and ill-treatment of any kind (paras 31, 32).

Protecting the integrity of the person: The Committee is deeply concerned at reports indicating regular use of physical restraint, isolation, and excessive antipsychotic therapy, including for children. The Committee recommends the State party investigate all cases of forced interventions without the free and informed consent of the person, provide protection and redress mechanisms and apply sanctions already available (paras 35, 36).

Education: The Committee is concerned that more than half of the children living in residential care institution are not in education and that few measures have been adopted to provide standardised and regulated transparent protocols relating to individual education plans, as well as relevant technologies and forms of communication ensuring accessibility for pupils and students with disabilities at all levels of education. The Committee urges the State party to identify concrete targets in the Action Plan for inclusive education for the period 2016-2020, to meet inclusive education standards and requirements. Special attention should be given to children with multiple disabilities, pupils and students with disabilities living in institutions, to the development of individual education plans, and accommodation of all types of disabilities (paras 47, 48).

The Committee is concerned about the lack of comparable data on funding earmarked for children with disabilities in mainstreaming and special education as well as affirmative measures for the enrolment of and accommodation provided for student with disabilities. In addition, the Committee is also concerned about the low level of accessibility provided in higher education for students with disabilities. The Committee recommends that the State party take immediate steps to ensure that all persons with disabilities have access to inclusive and quality primary, secondary and tertiary education and that reasonable accommodation, in accordance with established individual education plans, is provided in mainstream education. It recommends that teachers and other education professionals receive training on inclusive education and that all secondary and tertiary education facilities be made accessible. The Committee stresses that denial of reasonable accommodation constitutes discrimination. (paras 49, 50).

_____________________________________________

UN Committee on Enforced Disappearance

 

CED/C/SRB/CO/1

Concluding Observations  on the Reports Submitted Under Article 29 (1)

Adopted by Commmittee: 4-5 February 2015

Published: 16 February 2015

Issues raised:

Legislation Concerning the Wrongful Removal of Children

While taking note of the provisions of the Criminal Code relating to abduction, change of family status, trafficking and forging documents cited in the replies to the list of issues (CED/C/SRB/Q/1/Add.1, paras. 63and 64), the Committee is concerned about the lack of provisions that specifically penalize the actions relating to the wrongful removal of children referred to in article 25, paragraph 1, of the Convention (art. 25).

(para.31)

Enforeced Disapperance of Children:

The Committee also wishes to emphasize the particularly cruel effect of enforced disappearances on the human rights of women and children. Children who are victims of enforced disappearance, either because they themselves were subjected to disappearance or because they suffer the consequences of the disappearance of their relatives, are especially vulnerable to numerous human rights violations, including identity substitution. In this context, the Committee places special emphasis on the need for the State party to ensure that gender perspectives and child-sensitive approaches are used in implementing the rights and obligations set out in the Convention.

(para. 34)