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29th UPR session
Date of review: 24 January 2018
Date of report adoption: 29 June 2018
Document number: A/HRC/38/17
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SUMMARY SOGIESC issues during Serbia’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Information provided by the national human rights institution accredited in full compliance with the Paris Principles
4. POC recommended that Serbia adopt the law governing same-sex partnerships and a law regulating the legal consequences of sex and gender identity adjustment (change), amend the Law on the basics of the education system to explicitly prohibit discrimination based on sexual orientation and gender identity and amend the Criminal Code, in order to explicitly criminalize racism and intolerance based on sexual orientation and gender identity.
Equality and non-discrimination
20. CoE stated that CoE-Commissioner, while acknowledging the progress made in advancing the rights of LGBTI persons, noted that homophobia and discrimination against them persisted. AI recommended ensuring that the Anti-Discrimination Law and the Commissioner for Discrimination provide LGBTI persons and organizations effective protection and access to effective remedies. XY-Spectrum recommended, inter alia, to include sex characteristics as a specific basis in antidiscrimination legislation.
Fundamental freedoms and the right to participate in public and political life
41. JS5 stated that none of the five 2012-UPR recommendations on human rights defenders were implemented. It asserted that Serbia had failed to take adequate measures to safeguard these rights highlighting intimidation, attacks and harassment of human rights defenders and journalists who reported on sensitive issues, including LGBTI rights, transitional justice, corruption or government accountability. JS5 recommended, inter alia, that Serbia conduct impartial, thorough and effective investigations into all cases of attacks, harassment, and intimidation against them and bring perpetrators of such offenses to justice.
II. Excerpts on SOGIESC issues from the national report
Promotion and protection of human rights in practice: meeting international obligations in the human rights field
18. Progress has been made in protecting and improving gender equality, the status of Roma, people with disabilities, LGBT persons, migrants, refugees and national minorities.
Human rights defenders (Recommendations Nos. 131.18; 131.19)
45. All government officials publicly condemned all assaults on LGBT persons and attacks on Roma. All forms of violence, discriminatory behaviour and graffiti with hate speech prompted a public reaction in both print and electronic media, in addition to the prosecution of the perpetrators of such acts.
Training on human rights
50. Training courses for employees in state bodies on the treatment of juvenile offenders, including their legal protection and prevention of discrimination, as well as on the police treatment of juvenile offenders, were held in the reporting period. Training courses for 1,037 expert employees in social care on attitudes towards LGBT persons and their family members were also organised in the said period.
Freedom of opinion and expression and freedom of assembly (Recommendations Nos. 132.75-132.78; 132.81; 133.6; 133.12)
65. In February 2016, the Ministry of Internal Affairs adopted an Action Plan for the improvement of police conduct to and cooperation with representatives and associations of LGBT persons, which has been fully implemented. Liaison officers for the LGBT community have also been appointed, and a rulebook for police practices when dealing with the LGBT population has been drafted and training courses for police officers have been conducted.
66. In maintaining law and order at Pride Parade 2014, good cooperation was realized with representatives of the event’s organizational committee. After 2014, pride parades and events aimed at promoting the rights of LGBT persons were held without major incidents and with reduced security measures. Groups which earlier expressed dissatisfaction with the pride parade were brought under control.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
13. The Human Rights Committee recommended that Serbia strengthen measures to eradicate all forms of social stigmatization of and discrimination and violence against persons based on their sexual orientation and gender identity or HIV status and implement a procedure for legal gender recognition. The United Nations country team asserted that, regarding the recommendations made during the previous review on the right to peaceful assembly of lesbian, gay, bisexual, transgender and intersex persons, Belgrade had successfully held annual pride events in three consecutive years (2014-2016).
IV. References to SOGIESC issues during the Working Group review
26. Since 2014, pride events had been held to promote the rights of lesbian, gay, bisexual, transgender and intersex persons, and the police presence at such events had been gradually reduced.
29. Under the amendment to the Criminal Code of 2012, consideration was given to whether an act of hatred was committed based on race or religion, national or ethnic affiliation, sex, sexual orientation or gender identity.
32. Ireland commended progress on the protection of journalists and freedom of expression. In the light of the persistent homophobia and discrimination against lesbian, gay, bisexual, transgender and intersex persons, Ireland called on Serbia to make provision in law for same-sex civil partnership and marriage. It noted the difficulties faced by members of minorities in terms of access to education, health care and accommodation, despite efforts to combat discrimination against them.
43. The Netherlands welcomed the comprehensive reform process being undertaken in Serbia, which included ensuring freedom of expression for lesbian, gay, bisexual, transgender and intersex persons.
82. Australia commended Serbia for its efforts to advance the rights and protection for lesbian, gay, bisexual, transgender and intersex persons and noted that the 2017 pride parade had taken place without incident. It noted that Serbia did not have comprehensive legislation in place to protect the rights of intersex persons in terms of equality and nondiscrimination.
83. Austria commended the efforts Serbia had made to improve its legislative and institutional framework. Austria noted that corporal punishment of children and domestic violence remained an issue, and that Roma, lesbian, gay, bisexual, transgender and intersex persons, persons with disabilities and other vulnerable groups continued to face discrimination in Serbia.
89. Brazil congratulated Serbia for adopting the Law on the Prevention of Domestic Violence and for progress in protecting the rights of lesbian, gay, bisexual, transgender and intersex persons. Brazil encouraged Serbia to continue fighting homophobia and discrimination by implementing the anti-discrimination law. It expressed concern about the situation of migrants and refugees and people at risk of statelessness.
92. Chile congratulated Serbia for ratifying the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence and for adopting policies aimed at eliminating discrimination against women, persons with disabilities, lesbian, gay, bisexual, transgender and intersex persons, migrants, refugees and national minorities.
106. Greece commended legal steps taken to tackle the issue of hatred, intolerance, racial discrimination and discrimination against lesbian, gay, bisexual and transgender persons. Greece welcomed the adoption of the Action Plan for the Realization of the Rights of National Minorities, which provided for greater participation of national minorities in the Government.
107. Honduras commended the adoption in 2016 of the Law on the Prevention of Domestic Violence and the amendments made to the provisions of the Criminal Code on non-consensual sexual relations, including harassment and forced marriage.
108. Iceland welcomed the efforts made by Serbia to promote the right to peaceful assembly of lesbian, bisexual, transgender and intersex persons. It also welcomed the adoption in 2016 of the Law on the Prevention of Domestic Violence and the amendments to the provisions of the Criminal Code on rape and non-consensual sexual relations, stalking, sexual harassment, forced marriage and genital mutilation.
V. Conclusions and/or recommendations
Serbia accepted the following recommendations:
113.10 Strengthen anti-discrimination mechanisms, including for lesbian, gay, bisexual, transgender and intersex persons, and continue efforts to promote the human rights of persons belonging to minorities, especially the Roma minority (France);
113.14 Strengthen efforts to prevent and combat all forms of discrimination, including against women, children, Roma and lesbian, gay, bisexual, transgender and intersex persons (Italy);
113.15 Continue to organize regular information campaigns aimed at strengthening the equality of the sexes and overcoming gender stereotypes (Belarus);
114.12 Amend the Criminal Code in order to explicitly criminalize racism and discrimination based on sexual orientation and gender identity (Uruguay);
114.29 Strengthen efforts to eliminate discrimination on the basis of sexual orientation and gender identity (Czechia);
114.32 Strengthen measures to combat all forms of social stigmatization, discrimination and violence against persons based on their sexual orientation, gender identity and HIV status (Portugal);
114.33 Take concrete steps to protect lesbian, gay, bisexual, transgender and intersex people and their freedom of assembly and expression, and to eradicate all forms of discrimination and violence based on sexual orientation and gender identity (New Zealand);
114.34 Improve measures aimed at eradicating all forms of social stigmatization, discrimination and violence on the basis of sexual orientation, gender identity and HIV status (Honduras);
114.35 Strengthen discrimination protections for lesbian, gay, bisexual, transgender and intersex persons, and enact legislation that includes protection from discrimination on the grounds of intersex status (Australia);
114.36 Strengthen measures to eradicate all forms of social stigmatization, discrimination and violence against persons based on their sexual orientation and gender identity (Iceland);
VI. Further information
You will find all documents relating to Serbia’s third review at UPR-Info and OHCHR’s websites.