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HRI-CORE-SRB-2010-fr-parsed
67. The creation, legal status, membership, resignation and dissolution of political parties, as well as other important issues relating to the activities of political parties, are governed by the Political Parties Act 63, adopted on 12 May 2009 and entered into force on 23 July 2010. Under the Act, political parties a...
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69. The Law on Political Parties provides that the activities of a political party may not be aimed at overthrowing by force of the constitutional order, at violating the territorial integrity of the Republic of Serbia, at violating the human or minority rights guaranteed by the Constitution or at encouraging and incit...
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70. The Political Parties Act provides that political organizations registered in the Register of Political Organizations (488 political organizations) and in the Register of Political Associations (154 political associations) may, in accordance with the regulations previously in force, continue to carry out their acti...
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71. The Constitution of the Republic of Serbia guarantees the right to vote. All major citizens of the Republic of Serbia, in full possession of their physical and mental faculties, have the right to vote and to be elected. Voting is universal and equal for all, elections are free and direct and voters vote individuall...
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72. The Law on Parliamentary Elections 66 provides that electoral rights include the right to vote and to be elected, to opt for any candidate on the lists of electors, to question candidates in public, to be informed in a timely, complete, truthful and impartial manner of the programmes and activities of the parties t...
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74. The Law on Parliamentary Elections provides that the general supervision of political parties, candidates and the media in the election shall be carried out by a supervisory committee composed of 10 members, half of whom shall be appointed by the National Assembly on the proposal of the Government and the other hal...
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75. The Law on Parliamentary Elections provides that seats shall be distributed among the electoral lists having obtained at least 5 per cent of the total number of voters in the electoral district; however, the 5 per cent threshold shall not apply to parties and coalitions representing national minorities, nor to part...
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76. The National Assembly of the Republic of Serbia currently consists of six political parties representing national minorities, namely the Hungarian Alliance of Vojvodina, the Democratic Sandžak Party, the Democratic League of Vojvodina Croats, the Socialist and Liberal Sandžak Party, the Democratic Action Party and ...
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77. The Gender Equality Act 74 provides that gender equality is guaranteed for presidential and legislative elections, as well as for council members, in accordance with the provisions governing elections; gender equality is provided for candidates for election of all functions and appointments to government bodies, fi...
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78. The organization and monitoring of the legality of elections is entrusted to the Electoral Commission of the Republic 75, consisting of a President and 16 members appointed by the National Assembly. a representative to the Electoral Commission of the Republic as part of their extended membership.
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79. The Local Elections Act regulates the election of members of local government councils; citizens elect councillors on the basis of free, universal, equal, direct and secret ballots; no one may, for any reason whatsoever, prevent or force a citizen to vote, ask him or her to reveal his or her vote or the reasons for...
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80. The Local Elections Act provides that elections shall be held on the basis of proportional representation, subject to appropriate adjustments in the nomination and allocation of seats to establish a stable local authority and the effective functioning of local agencies.
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81. The Local Elections Act provides for the application of the system of proportional representation of national minorities to local assemblies of constituencies composed of several nationalities; it is easier to guarantee such representation through the system of proportional representation, and the Act envisages, at...
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82. The Law on the Election of the President of the Republic 77 provides that the President of the Republic shall be elected by universal, free and direct suffrage of all citizens on an equal basis and by secret ballot. Any major citizen of the Republic of Serbia who is in full possession of his or her physical and men...
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83. The provisions of chapter 15 of the Criminal Code, 78, punish violations of electoral rights: violations of the right to vote and to be elected, the offer or acceptance of bribes in the context of voting, abuses of the right to vote, the establishment of incorrect electoral registers, the prevention of a person fro...
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84. The Public Information Act 79 regulates the right to information of the public as a right to freedom of expression and the rights and duties of those involved in informing the public; the right to public information includes the right to freedom of expression; the freedom to seek, receive and disseminate ideas, inf...
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86. The status of churches and religious communities in the Republic of Serbia is governed by the Law on Churches and Religious Communities 81 adopted in April 2006. Churches and religious communities are separated from the State and enjoy equality before the law. Churches and religious communities are free and autonom...
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87. The establishment and legal status of associations, the registration and cancellation of registration, membership and structure, amendments and cancellation of status, as well as other matters relating to the activities of associations, are governed by the Law on Associations 82 adopted in July 2009 and entered int...
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88. The Citizens ' Associations Act considerably simplifies the conditions for the establishment of associations, since an association may be established by at least three natural persons in full possession of their physical and mental faculties or by legal persons, instead of the 10 founders required by the previous A...
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89. The Law on Associations has put in place a normative framework which allows for the first time for a foreign association or its section based in the Republic of Serbia to carry out activities in the territory of the Republic of Serbia before being registered in the register of foreign associations. Furthermore, the...
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90. The Law on Associations expressly provides that the objectives and activities of associations aimed at violently overthrowing the constitutional order, at undermining the territorial integrity of the Republic of Serbia and the human rights or guaranteed rights of minorities, at inciting inequality, hatred and intol...
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91. The Constitutional Court decides on the prohibition of the activities of associations and sections of foreign associations. The law provides that the procedure for prohibiting the activities of associations or representatives of foreign associations may be instituted on the initiative of the Government, the Attorne...
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95. The Serbian army defends the country against external armed threats and performs other tasks and tasks, in accordance with the Constitution, the law and the principles of international law governing the use of force 83.
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98. The Republic of Serbia is a party to seven major international human rights instruments: the International Covenant on Civil and Political Rights and the International Covenant on Civil and Political Rights.
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99. The Republic of Serbia is a party to the Slavery Convention and the Protocol thereto; the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery and the Final Act; the International Convention for the Suppression of the Traffic in Whites; the Conventi...
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100. The Republic of Serbia ratified 33 Conventions of the Council of Europe. The European Convention for the Protection of Human Rights and Fundamental Freedoms and its 13 Protocols were ratified by the Republic of Serbia in December 2003. The Convention entered into force on 4 March 2004. The 14th Protocol to the Con...
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The legal system is uniform for the whole Republic of Serbia. Thus, the Constitution represents the supreme legal act of the Republic of Serbia; to which the laws and other general texts promulgated in the Republic of Serbia must conform.
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105. The second part of the Constitution of the Republic of Serbia is devoted to the issue of human and minority rights: the Constitution of the Republic of Serbia guarantees the dignity and freedom of development of persons; the right to life; the inviolability of physical and mental integrity; the prohibition of slav...
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The Republic of Serbia has adopted numerous laws and other regulations concerning various aspects of human rights, such as: the Law on Refugees 94; the Law on Broadcasting; the Law on the Protection of the Rights and Freedoms of National Minorities 95; the Law on Public Information; the Law on the Prevention of Violenc...
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The Government of the Republic of Serbia has adopted a number of relevant strategies for the protection and promotion of human rights, such as: the Strategy for Poverty Reduction; the Strategy for Combating Trafficking in the Republic of Serbia; the National Strategy for Addressing the Problems of Refugees and Displace...
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112. The National Assembly must declare a state of emergency in the event that "a public danger threatens the existence of the State or its citizens" and on this occasion it may define the modalities under which a derogation may be made from the human and minority rights guaranteed by the Constitution. 131 The decision...
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115. The organs of the Republic of Serbia responsible for cooperation with the ICTY are: the National Council for Cooperation with the Tribunal, the Office of the National Council and the team responsible for the implementation of the Plan of Action; the Office of the Prosecutor of the Republic of Serbia for the Prosec...
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118. The Republic of Serbia and the Office of the Prosecutor of the ICTY concluded an agreement in 2006 on the practical arrangements for consulting the archives of State bodies. To date, research has been carried out within the archives of the Ministry of the Interior, the Ministry of Defence, the General Secretariat ...
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120. The Law on Measures Concerning the Property of Persons Charged with War Crimes by the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 was implemented with a view to effectively ...
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122. The Republic of Serbia has accepted the competence of the Human Rights Committee, the Committee against Torture, the Committee on the Elimination of Racial Discrimination and the Committee on the Elimination of Discrimination against Women to consider communications from individuals within its jurisdiction who cla...
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125. The European Court of Human Rights delivered 40 judgments until 31 December 2009 (1 judgment in 2006, 14 judgments in 2007, 9 judgments in 2008 and 16 judgments in 2009) and adopted 47 decisions concerning the Republic of Serbia. Of the 40 judgments, the Court found at least 1 violation of the provisions of the Co...
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128. The delegation of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment carried out two official visits to the Republic of Serbia since the ratification of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The fir...
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The National Assembly is competent to ratify international treaties when the obligation to ratify is provided for by law and to adopt laws and other general acts falling within the competence of the Republic of Serbia; commissions are established to examine and discuss matters within the competence of the National Asse...
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The Government's Council for the Rights of the Child was established in 2002. The Council's mandate and role are as follows: to propose a coherent and comprehensive policy for children's rights in the country.
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132. The Council for Gender Equality of the Government of the Republic of Serbia is an expert advisory body established in 2003 and dealing with gender issues, improving the status of women and monitoring the implementation of the project undertaken in this area. The Council's new constitutive meeting was held on 8 Dec...
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133. The Anti-Trafficking Council of the Government of the Republic of Serbia was established in 2005 as a specialized advisory body of the Government with the task of coordinating national and regional activities to combat trafficking in persons, analysing the reports of relevant international institutions on traffick...
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134. The Council for the Improvement of the Situation of Roma of the Government of the Republic of Serbia was established in March 2008 and has 22 members, including representatives of the Ministries of Finance, Health, Education, Public Administration and Local Self-Government, as well as all other sectors whose activ...
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135. The Council of National Minorities of the Government of the Republic of Serbia was established in July 2009 and includes the Prime Minister, who also chairs the Council, the six ministries concerned and representatives of the national councils, as well as the President of the Federation of Jewish Communities of Se...
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The Ministry of Human and Minority Rights, established in mid-2008, is responsible for public administration matters relating to general aspects relating to the status of persons belonging to national minorities; the maintenance of the register of national councils of national minorities; the election of national counc...
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The Department of Gender Equality within the Ministry of Labour and Social Policy was established in 2008 to carry out the following tasks: analysis of gender equality issues and the proposal for measures to improve the situation; preparation of draft laws and other regulations on gender equality; improvement of the st...
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The Office of the Commissioner for Refugees is a special agency established in 1992 in accordance with the Refugees Act. Its mandate is to deal with issues relating to the granting of refugee status, to place refugees and to keep records as prescribed by law; to coordinate assistance to refugees by national and foreign...
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The Provincial Secretariat for Regulation, Administration and National Minorities was established in 2002 within the Executive Council of the Autonomous Province of Vojvodina. The following activities are carried out by the Secretariat in the field of the promotion of the rights of national minorities: management of no...
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The Provincial Secretariat for Labour, Employment and Equality between Women and Men was established in 2002 within the Executive Council of the Autonomous Province of Vojvodina; its main objective is to monitor and improve living conditions in the field of work, employment and gender equality in the Autonomous Provinc...
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The Office for Roma Inclusion was established in 2006 by decision of the Assembly of the Autonomous Province of Vojvodina to implement action plans for Roma integration, to develop and implement programmes to improve the status of Roma in the fields of education, health, employment and housing, as well as the enjoyment...
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144. The institution of the Ombudsman is regulated by law. The concept of the Ombudsman has been introduced into the national legal system by the Law on the Ombudsman, which is assisted by four deputies specializing in the protection of persons deprived of their liberty, gender equality, the rights of the child, the ri...
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145. The Ombudsman of the Republic of Serbia received 1,030 formal complaints from citizens in 2008. The Ombudsman communicates with citizens in order to obtain information on various human rights violations. A total of 4,863 such communications were made to the Ombudsman during 2008. As regards specific areas of law, ...
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The position of Provincial Ombudsman was established in 2002 pursuant to the Provincial Assembly's decision on the Provincial Ombudsman 140 . The seat of the Provincial Ombudsman is located in Novi Sad and two regional offices have been opened in Pan čevo and Subotica. The Provincial Ombudsman is assisted by five deput...
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151. The Local Ombudsman is established by the Local Government Act, and a local authority may appoint an ombudsman whose role is to supervise the respect of citizens ' rights, actual violations, activities or failure of public administrations and services to act in the event of violations of the regulations and genera...
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The Law on Free Access to Public Information established the institution of the Commissioner for Public Information and Protection of Personal Data, as an autonomous State body exercising its authority independently. The Law on the Protection of Personal Data extended the role of the Commissioner for Public Information...
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153. The Commissioner for Public Information and Personal Data Protection responded to 1,145 complaints in 2008 and it was established that 102 complaints (8.9%) were unfounded or tainted by formal errors. In the majority of cases, complaints concerned the conduct of proceedings before administrative bodies to assert a...
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154. The majority of the complaints received by the Commissioner during 2008 were lodged against the acts of State agencies and agencies, local authorities, judicial bodies and public enterprises; the rest of the complaints were lodged against the acts of the provincial bodies; in approximately 70 per cent of the cases...
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155. The Public Information and Personal Data Protection Commissioner has limited financial resources to carry out the tasks assigned to him. This is clear from the implementation of the 2009 budget, until 30 October 2009. Indeed, on the basis of the experience gained and the estimation of the optimal funds for carryin...
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156. The Law on the Prohibition of Discrimination established the Commissioner for the Protection of Equality, appointed by the National Assembly, to receive and examine complaints of violations of the law; to issue opinions and recommendations in specific cases and to issue warnings (if the violation of the law invoke...
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164. The United Nations system in the Republic of Serbia is represented by 15 resident agencies representing the following agencies: UNDP, UNICEF, OHCHR, UNFPA, FAO, ICTY, IOM, UNOB, WHO, UNODC, UNHCR, UNOPS, UNIFEM and UN-HABITAT. Thus, the United Nations commitment to Serbia has been
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166. The current activities under the joint programmes between the United Nations and the Government cover the following aspects: the promotion of youth employment and the management of migration (the amount allocated to this joint programme is estimated at US$8,043,000 and is administered by the International Organiza...
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167. The United Nations Country Team (UNCT) initiated the development of the United Nations Development Assistance Framework (UNDAF) in the Republic of Serbia for the period 2011-2015, in partnership with the Government, civil society and other key stakeholders, focusing on three strategic areas: good governance, susta...
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168. The OSCE Mission to the Republic of Serbia works within the framework of the following objectives: improving the functioning of democratic institutions at all levels, including support for parliamentary institutions, local administration and reform of the defence and security sectors; implementing projects for nat...
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169. The OSCE Mission in the Republic of Serbia also carries out its activities in the following areas: judicial reform, the fight against organised crime and corruption, domestic remedies for war crimes, prison reform, human rights institutions and the translation of legal documents.
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171. The OSCE Mission in Serbia supports the strengthening of judicial capacity in the resolution of problems related to organized crime, by strengthening the criteria for the prior selection of prosecutors and investigating judges, as well as by increasing the effectiveness of institutions dealing with organized crime...
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172. The OSCE Mission to Serbia has developed a complex support programme on behalf of the Ministry of Justice on prison reform, which includes the revision of regulations, the training of prison staff and the establishment of the Prison Staff Training Centre. In 2010, the Mission provided support to the Ministry of Ju...
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173. The OSCE Mission in Serbia supports the harmonization of national regulations and practices with international anti-corruption standards in the field of implementation of anti-corruption measures. The activities of the Mission are also aimed at strengthening the capacity of anti-corruption institutions.
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175. The Republic of Serbia has so far submitted a number of initial reports to the relevant United Nations treaty bodies on the implementation of the following instruments: the International Covenant on Civil and Political Rights (July 2004); the International Covenant on Economic, Social and Cultural Rights (May 2005...
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176. The second periodic report on the implementation of the International Covenant on Civil and Political Rights was submitted for consideration by the Human Rights Committee in December 2008 and the initial report on the implementation of the International Convention on the Elimination of All Forms of Racial Discrimi...
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177. The recommendations of the Working Group were the subject of the universal periodic review process of the United Nations Human Rights Council in December 2008. The recommendations of the Working Group focused on the following issues: the ratification of relevant international human rights instruments; the enactmen...
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178. The preparation and coordination of the periodic reports of the Republic of Serbia on the implementation of the main international human rights instruments are part of the tasks of the Ministry of Human and Minority Rights and, once prepared and compiled, the draft reports are submitted by the Ministry to the Gove...
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181. The Conference was followed by the establishment of a Working Group on the preparation of the common core document for the Republic of Serbia, comprising representatives of relevant public institutions as well as relevant non-governmental organizations; the Working Group prepared the first draft report, which was ...
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182. The Republic of Serbia has developed a number of national strategies for the implementation of human rights and their related aspects; however, there is not yet a comprehensive national strategy for the protection and protection of human rights.
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183. The Government initiated the preparation of the Poverty Reduction Strategy Paper (PRS) in Serbia towards the end of 2002. The basic principles, strategic guidelines and development and implementation procedures are set out in the poverty reduction strategy reference document, which was approved by the World Bank a...
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184. The three main objectives of the poverty reduction strategy are: dynamic development and economic growth, with particular attention to job creation in the private sector; the fight against the new poverty generated by the ongoing modernization, restructuring and rationalization of State services and their core tas...
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185. The Millennium Development Goals (MDGs) of the Republic of Serbia were adopted in 2007, with eight national targets/targets each corresponding to a Millennium Development Goal to be achieved by 2015. The implementation of the Decade for the Integration of Roma was launched at the signing in Sophia on 2 February 20...
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187. The Government adopted the Strategy for Combating Trafficking in Persons in December 2006, drawn up in accordance with the guidelines of the National Action Plans of the Stability Pact, as well as those of the Programme to Develop and Provide a Comprehensive National Response to the Problem of Trafficking in Perso...
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189. The Migration Management Strategy was adopted in July 2009. Its overall objective is the comprehensive control of migration phenomena, in order to facilitate the achievement of sectoral objectives and public priorities in this area and to ensure the following results: the management of migration in accordance with...
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The Constitution of the Republic of Serbia provides that all citizens are equal and that everyone has the right to equal protection of the law, without discrimination of any kind. Any direct or indirect discrimination on any grounds, in particular race, sex, nationality, social origin, birth, religion, political opinio...
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192. The Law on the Prohibition of Discrimination establishes the general prohibition of discrimination and defines the various aspects and forms of discrimination, as well as the procedures applicable to protection against discrimination 145. The Commission for the Protection of Equality has been established by law as...
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193. The Law on the Prohibition of Discrimination defines the terms "discrimination" and "discriminatory treatment" as any unjustified differentiation or act or omission (exclusion, limitation or privilege) which has the effect, openly or in a hidden manner, of treating persons or groups, as well as members of their fa...
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194. The Act on the Prohibition of Discrimination identifies forms of direct and indirect discrimination, violations of the principle of equal rights and duties, liability of others in the matter, conspiracy to commit an act of discrimination, incitement to hatred, harassment and humiliating treatment 147. Serious form...
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195. The Act on the Prohibition of Discrimination regulates judicial protection against discrimination and provides, inter alia, that any person subjected to discriminatory treatment may bring an action before the courts. 149 In the context of the strengthening of the effectiveness of the Anti-Discrimination Act, the M...
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199. The relevant provisions of the Penal Code provide that a penalty of 6 months to 5 years ' imprisonment shall be imposed on anyone who violates the human rights and fundamental freedoms guaranteed by generally accepted rules of international law and international treaties on grounds of race, colour, nationality or ...
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The number of charges of discrimination has increased since 2004, when the Ministry of the Interior ordered all regional police services to intervene as soon as the slightest evidence of any crime motivated by national, racial or religious hatred (even by an unidentified person) appeared, in order to strengthen the pro...
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The Law on the Foundations of the Educational System provides that the educational system shall grant equal rights to education to all citizens (children, adolescents, adults), on equal terms, irrespective of sex, race, social, cultural and ethnic origin, religious or other affiliation, permanent or temporary residence...
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203. The Broadcasting and Television Act provides that the regulations in this area shall be based, inter alia, on the principles of impartiality, prohibition of discrimination and transparency in the procedures for issuing licences for radio and television stations; the prohibition of discrimination shall be regulated...
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204. The Information Act prohibits discrimination in the distribution of the media and prohibits anyone in charge of the distribution of the media from refusing to distribute media of a particular origin without any justified commercial reason or from making such distribution subject to conditions contrary to market pr...
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207. The Law on Churches and Religious Communities prohibits discrimination on the basis of religious beliefs, which provides that no one may be subjected to coercion affecting his or her freedom of worship or be compelled to pronounce himself or herself on his or her faith and religious beliefs or on their non-existen...
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208. The Law on the Prevention of Discrimination against Persons with Disabilities 161 generally prohibits discrimination on the basis of disability; defines specific cases of discrimination against persons with disabilities; states the following:
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209. The Law on Gender Equality provides for the establishment of equal opportunities for men and women in the exercise of rights and duties, as well as appropriate measures to prevent and eliminate all forms of discrimination on the basis of sex and gender; it has also instituted a procedure for the legal protection o...
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210. The Civil Service Act 164 prohibits any discrimination or privilege with regard to the rights or duties of civil servants, in particular on grounds of race, religion, sex, national affiliation or political affiliation or any other personal characteristics.
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211. The Police Act 165 provides that, in carrying out its activities, the police shall comply, inter alia, with the provisions of international treaties and conventions adopted by the Republic of Serbia, with international standards of police action and with the standards set forth in international instruments relatin...
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212. The Act on the Prohibition of Demonstrations of Fascist and Neo-Nazi Organizations and Associations and on the Prohibition of the Use of Neo-Nazi or Fascist Symbols and Signs 167 prohibits the use of demonstrations, symbols or signs and any other activity of members or sympathizers of fascist and neo-Nazi organiza...
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213. The Constitution of the Republic of Serbia provides that special measures which may be adopted to ensure the full equality of citizens with individuals and/or groups of individuals in a clearly unequal situation shall not be considered discriminatory. 168 A similar provision is contained in the Constitution concer...
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214. The Anti-Discrimination Act provides that special measures adopted to ensure full equality, protection and promotion of individuals and/or groups of individuals in an unequal situation shall not be considered discriminatory 170.
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215. The Law on Gender Equality provides that the adoption of specific measures to eliminate or prevent inequality between men and women, as well as to achieve equal opportunities between men and women, shall not be considered discriminatory or in violation of the principle of equal rights and duties. 171 Furthermore, ...
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216. The Employment and Unemployment Insurance Act provides that the Government and/or the competent territorial and local self-governing authorities may adopt employment promotion policies and programmes regulating the priorities, measures, means and competences for their implementation, in particular to facilitate ac...
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The Law on the Prevention of Discrimination against Persons with Disabilities provides that the provisions of laws, regulations, decrees and special measures adopted to improve the status of persons with disabilities, members of their families and associations of persons with disabilities by providing special support t...
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221. The ratification of the Convention on the Rights of Persons with Disabilities should allow for faster and more effective changes to the relevant legal and administrative framework, and it is particularly important to make efforts to amend the legal provisions and practices relating to the deprivation of the right ...
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222. The Strategy for the Improvement of the Status of Persons with Disabilities was adopted by the Government in December 2006 and is based on a medium-term planning of a set of measures and activities to be carried out by all stakeholders to improve the situation of persons with disabilities so that they fully enjoy ...
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