A/HRC/23/15
9.
A reform of the judiciary had been initiated in 2009, with a package of judicial laws
establishing the High Judicial Council and State Prosecutorial Council as key authorities
with competence and powers to appoint, nominate and dismiss judges, prosecutors and
presidents of courts and ensure the efficient work of courts and public prosecutors’ offices.
The drafting of a national judicial reform strategy was under way, aimed at building and
strengthening an independent, transparent and efficient judicial system.
10.
Amendments to the Criminal Code had allowed the harmonization of national
legislation with recommendations of the Council of Europe Group of States against
Corruption; defamation had been decriminalized; and the ban on unauthorized public
comments on court proceedings had been lifted.
11.
Criminal legislation did not include “hate crime” as a separate criminal offence, but
it did include a number of other offences that indirectly related to such offence.
Amendments to the Criminal Code in 2012 provided that, when a criminal offence was
committed on the grounds of the victim’s race or religion, national or ethnic affiliation,
particular gender, sexual orientation or gender identity, the court was to consider it as an
obligatory aggravating circumstance, relevant for determining the sanction, whenever it
was not stipulated as a distinctive feature of a criminal offence.
12.
The Strategy for Reducing Overcrowding in Institutions for Enforcement of Penal
Sanctions (2010-2015) and its related Plan of Action had been adopted. Independent
inspection of prison conditions was performed by the Ombudsman, the Parliamentary
Commission Monitoring the Enforcement of Penal Sanctions, and NGOs.
13.
To address issues relating to persons without documents, Serbia had adopted the
Law on Civil Registers (2009) and the Law on Permanent and Temporary Residence (2011)
and had made amendments to the Law on Non-Contentious Procedures (2012).
14.
An inclusive system of mandatory health insurance was being developed for all
citizens, including marginalized categories, funded from the State budget.
15.
The Law on Prohibition of Discrimination (2009) banned a wide range of forms of
discrimination and established the office of the Commissioner for Protection of Equality,
operational since 2010, with 18 employees.
16.
The Law on Gender Equality (2009) defined in more detail the ban on gender-based
discrimination and rights of both genders in employment, social and health care, family
relations, political and public life, education, culture, sports and judicial protection. The
National Strategy for the Advancement of Women and the Promotion of Gender Equality
and the related Plan of Action had been adopted, covering six key areas relating to the
advancement of women and the promotion of gender equality. The implementation of the
equal-opportunity policy had resulted in equal pay for equal work for both genders and the
increased presence of women in State administration bodies, the judiciary and in the most
important and responsible positions of the State. Women had served as the Speaker of the
National Assembly (2008-2012); President of the Supreme Court of Cassation (2005-2009,
2009-2010, 2010-2013), known as the Supreme Court until 2010; President of the
Constitutional Court (2007-2011), and Public Prosecutor of the Republic of Serbia (since
2008).
17.
The National Strategy to Prevent and Combat Violence against Women in the
Family and in Intimate Partner Relationships had been adopted. The special protocol of the
Ministry of Health for the protection and treatment of women exposed to violence had been
in force since 2010. The General Protocol on Conduct and Cooperation of Institutions,
Bodies and Organizations in Cases of Violence against Women in the Family and in
Intimate Partner Relationships had been adopted (2011), establishing cooperation among
relevant bodies.
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