In the investigation to control the work of the competent authorities, the Protector of Citizens established that the Ministry of the Interior identified and filed criminal charges against the person who posted hate messages on social networks and called for violence against Roma children, as well as that the competent court issued a wanted circular and set the detention in absentia.

In late January 2021, the Protector of Citizens, with a view to protecting the best interests and rights of the child, has requested the Serbian MOI to submit information on the measures taken in reference to this case.

In the response to the Protector of Citizens, the MOI states that, after the Roma National reported an unidentified person who posted offensive messages about Roma on Facebook, it had identified the person who posted that, adding that the person is not currently available to state authorities and that the warrant circular has been in place.

As the MOI further states, police officers have filed criminal charges in absentia to the Basic Public Prosecutor’s Office in Šabac over suspicion that he committed criminal act - Ruining the Reputation for Racial, Religious, Ethnic or other Affiliation specified under Article 174 of the Criminal Code of the Republic of Serbia.

The Protector of Citizens was informed by Šabac Public Prosecutor's Office that after receiving the criminal charges, and learning about the suspect's unavailability to state authorities, a request for determining detention was submitted to the Basic Court in Šabac, which imposed detention and issued an order for issuing a warrant circular.

Today, on 27 June – International Pride Day, the Protector of Citizens, Zoran Pašalić, has said that, legislation-wise, tangible progress has been made in improving the position of LGBT people in the Republic of Serbia, but, in order to improve the quality of life and the exercise of the vulnerable social group’s rights, further amendments to the applicable regulations are necessary.

“Following the Protector of Citizens’ suggestion, the prohibition of gender-based discrimination has been included in the new Law on Gender Equality, while the prohibition of gender-based discrimination of intersex people and explicit prohibition of discriminating against children on the same grounds have been included in the Anti-Discrimination Law”, said Mr. Pašalić.

Pašalić has said that the Institution he heads has worked on initiating better systemic protection of LGBTI people which are still facing discrimination, ill-treatment and violence, and that numerous health and economic challenges faced by people of different sexual orientation and gender identity have been identified during the pandemic.

“Amendments to the Law on Free Legal Aid are needed to include LGBTI people in the category of beneficiaries in a vulnerable position, together with the Law on Textbooks, which would contain an explicit ban on content inciting the formation of prejudices and stereotypes," said the Protector of Citizens.

The Protector of Citizens reminded that in April, he had submitted an Opinion on the Draft Law on Same-Sex Communities to the Ministry of Human and Minority Rights and Social Dialogue, and requested that the consequences of affirming gender and gender identity be legally regulated as soon as possible.

"I have been pointing out for a long time to the need to amend the Criminal Code in a way that would treat criminal acts committed on the grounds of sexual orientation as acts of racism and intolerance. The LGBTI people should be enabled to fully enjoy their rights", Pašalić said.

The Protector of Citizens believes that the Draft Law on Amendments to the Law on Health Insurance contains significant, necessary and innovative solutions for improving the quality of health insurance in Serbia, and upholds the proposed amendments to the existing law.

In the Opinion submitted to the Ministry of Health two days ago, the Protector of Citizens especially commended certain amendments to existing law, particularly the provision that people working in the territory of the Republic of Serbia are granted the status of insurance beneficiaries for a foreign citizen who does not have a registered activity in the Republic of Serbia, where they receive compensation, and are not insured on another ground. Furthermore, the proposed amendments to the Law also give that category of persons the opportunity to exercise the right to a financial allowance in case of illness or complications related to sustaining pregnancy.

Namely, the Protector of Citizens’ practice suggests that people permanently employed with a non-resident, on jobs carried out in Serbia, who duly pay contributions pursuant to the provisions of the Law on Mandatory Social Security Insurance, have so far not been able to exercise the right to salary compensation during maternity leave at the expense of compulsory health insurance funds, because they are registered in the system as if they were working abroad.

Furthermore, in previous years regarding gender equality, the Protector of Citizens’ attention was brought to the violations of rights to financial compensation for pregnancy leave, maternity leave and child-care leave, the rights of pregnant and nursing mothers; therefore the Protector of Citizens expresses satisfaction that the new solutions included in the Draft Law are oriented to facilitating the exercise of rights of the insured, with special focus on the rights of pregnant women, people with disabilities and other sensitive social groups.

The Protector of Citizens also commends the amendment to the Article 85 of the Law on Health Insurance which is defined under Article 18 of the Draft Law and stipulates the measures of supporting maternity to entrepreneurs and freelance artists.

Further to media information that a number of former female seminar attendees has already reported sexual abuse experienced at Petnica Research Center, the Protector of Citizens launched own-initiative investigations to control work legality and regularity of the Ministry of Education, Science and Technological Development and the educational institution.

The Protector of Citizens has requested the line ministry to notify him within 15 days whether they had any knowledge about reports of sexual harassment of Petnica seminars attendees, as well as to provide information on the manner it handled them.

The Protector of Citizens has requested Petnica Research Center to notify him within the same deadline whether the Institution’s management had any knowledge about sexual harassment of attendees by the same employee in Petnica and in what way the Institution acted in each of the reported cases.

In addition, Petnica management is to inform the Protector of Citizens whether this education facility has set up a Team for the protection against discrimination, violence, abuse and neglect and whether the Rulebook on the Protocol of Conduct in the Institution in Response to Violence, Abuse and Neglect applies in the case of learning about violence in the Institution.