Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape of men and women, including spousal rape, is punishable by up to 40 years in prison. The government did not enforce the law effectively.
Domestic violence is punishable by up to 10 years’ imprisonment. While the law provides women the right to obtain a restraining order against abusers, the government did not enforce the law effectively. Media reported that through mid-August, 16 women had been killed in family violence. According to the Justice Ministry, there were 12,332 victims of family violence through mid-August, 8,924 of whom were women.
The law provides that authorities may protect domestic violence survivors by temporarily removing the perpetrator from a home from a minimum of 48 hours to a maximum of 30 days. This law requires that police, prosecutors’ offices, courts, and social welfare centers maintain an electronic database on individual cases of family violence and undertake emergency and extended measures. Women’s groups often cited a lack of timely and efficient institutional reaction, lack of response to reports of violence, and a tendency by authorities to minimize the circumstances that affect survivors’ security as contributing to the violence against women.
In May 2019 Mirjana Jankovic and her parents (Nada Pajic and Branislav Pajic) were killed in their family home in Novi Sad. Mirjana’s husband, Goran Jankovic, admitted to killing them with a hammer in front of his and Mirjana’s two children, ages 10 and three. He then threatened to hurt his children if they told anyone he had been in the home and fled. Mirjana had reported Jankovic for domestic violence and possession of an illegal weapon two weeks before the killing; she was granted a restraining order that should have barred him from approaching or entering the family home. In February, Goran Jankovic committed suicide in Novi Sad District Prison.
Sexual Harassment: Sexual harassment of men and women is a crime punishable by imprisonment for up to six months in cases that do not involve domestic abuse or a power relationship, and for up to one year for abuse of a subordinate or dependent. According to women’s groups in the country, sexual innuendo in everyday speech and behavior was perceived as a joke and generally accepted as a form of communication and not as serious harassment.
On July 7, the country’s first prominent case of prosecution of a powerful individual for sexual harassment ended with a verdict against the former mayor of Brus, Milutin Jelicic. Jelicic was sentenced to three months in prison for sexually harassing Marija Lukic, a municipal government worker in the city.
Reproductive Rights: Couples and individuals have the right to decide freely the number, spacing, and timing of their children; and to manage their reproductive health. Most persons had access to the information and means to do so, free from discrimination, coercion, and violence. According to a 2018 UN Serbia report on sexual and reproductive rights, however, women with disabilities and Romani women lacked the same access as other women to information and the means to manage their reproductive health. Although there are no legal barriers to contraception, contraception remained taboo for some persons, reducing its use. According to a 2017 research by the ombudsman, 4 percent of Romani girls had their first child by age 15 and 31 percent before age 18. The report also indicated that Romani women were the most vulnerable population among vulnerable populations with a maternal mortality rate over 10 percent. The government provided access to sexual and reproductive health services for survivors of sexual violence.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides for the same legal status and rights for women as for men in all areas, but the government did not always enforce these laws. Women were subject to discrimination, both at home and in the labor force, with regard to marriage, divorce, child custody, employment, credit, pay, owning or managing businesses or property, education, the judicial process, and access to housing. According to the Statistical Office of the Republic of Serbia, women on average did more than twice as many hours of domestic work as men.
Birth Registration: Citizenship is derived from a child’s parents. The law on birth records provides for universal birth registration. Some Romani children were not registered at birth. Subsequent birth registration was possible but complicated (see section 2.g., Stateless Persons). Children who were not registered did not have access to public services, such as health care.
Education: Education was free through the secondary level, but compulsory only from preschool through the age of 15. Ethnic discrimination and economic hardship discouraged some children from attending school. In Romani and poor rural communities, girls were more likely than boys to drop out of school and normally did so at an earlier age. Romani children were also disproportionately identified as having mental or intellectual disabilities and were often sent to segregated schools that limited their educational outcomes.
By law ethnic minority populations have the right to be educated in their minority language, but this right was not respected. The Albanian National Minority Council provided free textbooks in Albanian for 4,000 Albanian students with financial support from the Coordination Body for Presevo, Bujanovac, and Medvedja, as well as the Albanian and Kosovo governments.
Child Abuse: The law prohibits child abuse with penalties ranging from two to 10 years’ imprisonment. According to research and reports, children were exposed to direct and interpersonal violence, physical and sexual violence, emotional abuse, and neglect. According to the Justice Ministry, 1,715 children were registered since 2017 as victims or at risk from becoming victims of family violence. The Autonomous Women’s Center reported that only 5 percent of all measures issued in cases of family violence in 2019 pertained to violence against children. In May the government adopted the Strategy for Prevention and Protection of Children from Abuse for 2020-2023 and the National Action Plan 2020-2021 to combat the problem further. Children also suffered violence stemming from existing patriarchal social structures that enabled marginalization of children and made them vulnerable to child abuse, discrimination, child marriage, and child labor. Children in historically marginalized groups, such as Roma, suffered various types of social exclusion and were more prone to marginalization. The country’s efforts to prevent child abuse largely focused on protection of victims rather than prevention of child abuse through targeted intervention; these programs included training for police, schools, and social workers as well as hotlines and other platforms for reporting violence.
Child, Early, and Forced Marriage: The legal minimum age of marriage is 18. A court may allow a minor older than 16 to marry if the minor is mature enough to “enjoy the rights and fulfill the responsibilities of marriage.” Child marriages occurred in Romani communities but were not legal marriages. UNICEF reporting on child marriages in Romani communities stated the prevalence of child marriages in those communities had steadily increased. More than half of Romani girls were married by the age of 18, and one in five was married before the age of 15.
Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children, to include selling, offering, or procuring for prostitution, and practices related to child pornography; the government enforced the law, but abuses nonetheless occurred. Evidence was limited, and the extent of the problem was unknown. The minimum age for consensual sex is 14, regardless of sexual orientation or gender. During the year media reported on several cases of children who were sexually exploited by their parents. In March police arrested a father for sharing online footage of the sexual abuse of his minor daughter, and in August police arrested a man for raping his minor stepdaughter. In a separate case in Nis, a woman, together with four men, were arrested on trafficking charges related to her minor daughter. In September police arrested a man on charges of sexually abusing a minor and production and possession of pornographic material.
Displaced Children: According to local NGOs and media reports, an estimated 2,000 homeless children lived on Belgrade’s streets.
Institutionalized Children: Children in orphanages and institutions were sometimes victims of physical and emotional abuse by caretakers and guardians and of sexual abuse by their peers. The law on social protection prioritizes the deinstitutionalization of children, including those with mental or physical disabilities, and their placement in foster families, but the country had not adopted a comprehensive deinstitutionalization strategy. Children with disabilities who were housed in institutions faced additional problems, including isolation, neglect, and a lack of stimulation. Institutions were often overcrowded, and children were mixed with adults in the same facility. The majority of children with mental disabilities remained excluded from the educational system due to structural obstacles and prevalent discrimination that prevented them from entering formal education.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
According to the 2011 census, 787 persons in the country identified as Jewish. While the law prohibits hate speech, Jewish community leaders reported that translations of anti-Semitic literature were available from ultranationalist groups and conservative publishers. Anti-Semitic works, such as the forged Protocols of the Elders of Zion, were available for purchase from informal sellers or used bookshops or posted online. Right-wing groups maintained several websites and individuals hosted chat rooms (although many were inactive) that openly promoted anti-Semitic ideas and literature. According to Jewish community leaders, during the early stages of the COVID-19 pandemic, online anti-Semitism rose dramatically in chat rooms discussing COVID-19 conspiracy theories laced with anti-Semitic language. In February anti-Semitic graffiti appeared in Novi Sad.
On February 24, the parliament adopted the Law on the Staro Sajmiste Memorial Center, establishing the country’s first Holocaust memorial center at the site of a former concentration camp. The law also extends protection to a separate site of a former concentration camp called Topovske Supe. On February 26, the government adopted the International Holocaust Remembrance Alliance working definition of anti-Semitism. Holocaust education continued to be a part of the school curriculum at the direction of the Ministry of Education, including in the secondary school curriculum. The role of the collaborationist National Salvation government run by Milan Nedic during the occupation by Nazi Germany was debated. Some commentators continued to seek to minimize and reinterpret the role of the national collaborators’ movements during World War II and their role in the Holocaust.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The constitution and supporting laws prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. The government did not enforce these provisions effectively. The EC’s Serbia 2020 Report noted the government adopted a strategic framework regarding the rights of persons with disabilities in March but lacked a comprehensive strategy on deinstitutionalization. Persons with disabilities and their families experienced stigmatization and segregation because of deeply entrenched prejudices and a lack of information. According to the equality commissioner’s 2019 annual report, persons with disabilities were among the most vulnerable groups in all aspects of social and economic life. Approximately 16 percent of all complaints filed with the commissioner were those of instances of discrimination on grounds of disability. Most of these complaints related to accessibility issues in public spaces, which limited the ability of persons with disabilities to access public services including postal services, health care, and other government services. A high number of persons with disabilities were poor or at risk of becoming poor, had difficulty getting a job, and lacked adequate education.
The law requires all public buildings to be accessible to persons with disabilities, but public transportation and many older public buildings were not accessible. Many children and adults with intellectual disabilities remained in institutions, sometimes restrained or isolated. Persons with disabilities were excluded from some events promoting inclusion, demonstrating low government capacity to consider accessibility when planning public events.
According to the equality commissioner’s 2019 report, the lack of inclusion and support for children with disabilities in education continued. Some of the complaints filed with the commissioner indicated a lack of provision of transportation services or personal assistants to children with disabilities. According to media reports, authorities did not adapt online teaching programs, instituted due to the COVID-19 pandemic, to meet the needs of children with developmental disabilities. The Ministry of Education announced there would be no special education or specific recommendations for children with disabilities in regular or special schools. The provision of pedagogical and personal assistance to support children in distance learning depends on individual schools based on their needs assessment and resources. The Center for Investigative Journalism reported that during the state of emergency, some schools did not organize teaching for children with learning difficulties.
The Ministry of Labor, Employment, Veterans, and Social Issues; the Ministry of Education , Science, and Technological Development ; and the Ministry of Health had sections with responsibilities to protect the rights of persons with disabilities. The Ministry of Labor had a broad mandate to engage with NGOs, distribute social assistance, manage residential institutions, and monitor laws to provide protection for the rights of persons with disabilities.
According to research done by the equality commissioner in late 2019, the general public, including employers, recognized persons with disabilities as subject to the greatest discrimination when it comes to employment. The National Employment Agency funded several employment programs for persons with disabilities.
According to the equality commissioner, Roma were subject to many types of discrimination; independent observers and NGOs stated that systemic segregation and discrimination of Roma continued. Approximately 64 percent of all complaints filed with the commissioner related to discrimination against Roma.
Ethnic Albanians were subject to discrimination and disproportionately unemployed.
The government took some steps to counter violence and discrimination against minorities. The stand-alone government Office for Human and Minority Rights supported minority communities. Civic education classes, offered by the government as an alternative to religion courses in secondary schools, included information on minority cultures and multiethnic tolerance.
Hate speech occurred, however, including by senior government officials, including Defense Minister Aleksandar Vulin, who continuously used a pejorative racial slur for Albanians.
Ethnic Albanian leaders in the southern municipalities of Presevo, Medvedja, and Bujanovac along with Bosniaks in the southwestern region of Sandzak complained they were underrepresented in state institutions at the local level. National minority councils represented the country’s ethnic minority groups and had broad competency over education, media, culture, and the use of minority languages. New council members were seated following the 2018 minority council elections and were to serve four-year terms.
According to the director of the government’s Office for Human and Minority Rights, more than 60,000 minority schoolchildren received education in their mother tongue. The Albanian National Minority Council provided Albanian textbooks to approximately 4,000 Albanian students in the country.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
Although the law prohibits discrimination based on sexual orientation and gender identity, the law does not describe specific areas in which discrimination is prohibited but is generally interpreted as applying to housing, employment, nationality laws, and access to government services such as health care. The government did not enforce these laws effectively, and violence and discrimination against members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community were serious problems. On the occasion of International Transgender Day of Visibility, NGOs stated that transgender persons were still subjected to discrimination, hatred, and transphobic and transmisogynist violence, both verbally and physically, and to certain forms of institutional and online violence.
Credible NGOs noted a lack of significant progress in establishing dialogue, educating the public on LGBTI issues, and addressing hate crimes and bias-motivated violence.
According to NGOs, activists, and independent institutions, discrimination against members of the LGBTI community continued. The equality commissioner stated that workplace discrimination, degrading treatment in public, hate speech, and physical attacks remained part of daily life for some LGBTI persons and indicated that homophobia and transphobia were present. The ombudsman stated that “LGBTI persons were exposed to attacks and threats, were often victims of stereotypes, prejudice, hate speech, and hate crimes.” He cited difficulty for young persons forced to leave their homes after disclosing their sexual orientation, which became even more prominent and dangerous during the COVID-19 pandemic due to the lack of safe houses or other temporary accommodation services. NGO activists commented that homophobic members of society often used the LGBTI community as a way to score political points.
The NGOs Center for Research and Development of Society (IDEAS) and the Gay-Lesbian Info Center conducted social network research in May and June and reported that 58 percent of LGBTI high school students suffered some form of violence; 50 percent suffered psychological violence; 8 percent suffered physical violence; and 3 percent suffered sexual violence. The violence most frequently occurred at school, where 71 percent of LGBTI students heard teachers degrading LGBTI persons due to their sexual and gender identity.
On February 28, a group of masked men broke into the Belgrade Pride Info Center’s entrance and destroyed their inventory. This was the 11th attack against the center since its opening in 2018. The prime minister and ombudsman condemned the attack, but there were no reports of arrests related to the incident. NGOs reported that attackers against LGBTI persons were rarely convicted in court. On March 2, a group of young persons gathered in the town of Leskovac to protest against a fake social media posting which said the city would host a pride parade. The group chanted slogans against LGBTI persons and engaged in physical altercations with police.
In 2018 the courts issued their first verdict using the country’s hate crime provision. Hate crimes are not stand-alone offenses but can be deemed an aggravating factor to be considered during sentencing. The case involved multiple episodes of domestic violence perpetrated against a gay man by his father in the family home. The perpetrator was given a three-year suspended sentence. Activists criticized the sentence as being too light because the perpetrator would not serve prison time as long as he met the conditions of his suspended sentence.
On three separate occasions during Belgrade’s September 14-20 pride week, criminals vandalized the office of an organization whose members participated in pride week events with homophobic slurs and Nazi symbols.
According to government officials and NGOs, there was significant prejudice against persons with HIV or AIDS in all aspects of public life, including employment, housing, and access to public services. According to Serbia’s Public Health Institute, in the country, there were 2,843 individuals with diagnosed HIV infection, and it was estimated that another 400 persons did not know they were infected by the virus. Since the beginning of the year, 55 persons had been infected with the HIV virus, which was three times less than in the same period in 2019, when 175 cases of infection were recorded. The equality commissioner’s annual report noted that persons with HIV or AIDS were extremely vulnerable to discrimination but were often unwilling to make a complaint, making the scale of the problem difficult to define.