Country report, gender equality : how are EU rules transposed into national law? : Serbia 2022.
Date: 2022-08-17
Institutions: Directorate-General for Justice and Consumers
Subjects: Serbia, age discrimination, application of EU law, equal pay, equal treatment, gender equality, maternity leave, national law, parental leave, paternity leave, pension scheme, report, sexual discrimination, sexual harassment, social security

Serbia 

2022 

EUROPEAN COMMISSION 

Directorate-General for Justice and Consumers 
Directorate D — Equality and Union citizenship 
Unit D.2 Gender Equality 

European Commission 
B-1049 Brussels

EUROPEAN COMMISSION 

Country report  

Gender equality 

How are EU rules transposed into 
national law? 

Serbia 

Ivana Krstic 

Reporting period 1 January 2021 – 1 January 2022 

2022  Directorate-General for Justice and Consumers

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Country report - gender equality – Serbia - 2022 

CONTENTS 

1 

2 

3 

4 

5 

6 

Introduction ............................................................................................... 5 
Basic structure of the national legal system ............................................ 5 
1.1 
List of main legislation transposing and implementing the directives .......... 5 
1.2 
1.3 
Sources of law .................................................................................... 6 
General legal framework ............................................................................ 8 
Constitution ........................................................................................ 8 
2.1 
Equal treatment legislation ................................................................... 8 
2.2 
Implementation of central concepts ......................................................... 10 
General (legal) context....................................................................... 10 
3.1 
Sex/gender/transgender..................................................................... 11 
3.2 
Direct sex discrimination .................................................................... 13 
3.3 
3.4 
Indirect sex discrimination .................................................................. 15 
3.5  Multiple discrimination and intersectional discrimination ......................... 17 
Positive action ................................................................................... 18 
3.6 
Harassment and sexual harassment ..................................................... 23 
3.7 
Instruction to discriminate .................................................................. 25 
3.8 
3.9 
Other forms of discrimination .............................................................. 26 
3.10  Evaluation of implementation .............................................................. 26 
3.11  Remaining issues ............................................................................... 27 
Equal  pay  and  equal  treatment  at  work  (Article  157  of  the  Treaty  on  the 
Functioning of the European Union (TFEU) and Recast Directive 2006/54)
 ................................................................................................................. 28 
General (legal) context....................................................................... 28 
4.1 
Equal pay ......................................................................................... 31 
4.2 
Access to work, working conditions and dismissal .................................. 35 
4.3 
Evaluation of implementation .............................................................. 39 
4.4 
4.5 
Remaining issues ............................................................................... 39 
Pregnancy,  maternity,  and  leave  related  to  work-life  balance  for  workers 
(Directive 92/85, relevant provisions of Directives 2006/54, 2010/18 and 
2019/1158) ............................................................................................. 42 
General (legal) context....................................................................... 42 
5.1 
Pregnancy and maternity protection..................................................... 46 
5.2 
5.3  Maternity leave ................................................................................. 49 
Adoption leave .................................................................................. 51 
5.4 
Parental leave ................................................................................... 51 
5.5 
Paternity leave .................................................................................. 55 
5.6 
Time off for force majeure .................................................................. 56 
5.7 
Care leave ........................................................................................ 56 
5.8 
5.9 
Leave in relation to surrogacy ............................................................. 57 
5.10  Flexible working time arrangements..................................................... 57 
5.11  Evaluation of implementation .............................................................. 58 
5.12  Remaining issues ............................................................................... 59 
Occupational social security schemes (Chapter 2 of Directive 2006/54) .. 60 
General (legal) context....................................................................... 60 
6.1 
Direct and indirect discrimination......................................................... 60 
6.2 
6.3 
Personal scope .................................................................................. 60 
6.4  Material scope ................................................................................... 60 
Exclusions ........................................................................................ 60 
6.5 
6.6 
Laws and case law falling under the examples of sex discrimination mentioned 
in Article 9 of Directive 2006/54 .......................................................... 60 
6.7 
Actuarial factors ................................................................................ 60 
6.8 
Difficulties ........................................................................................ 60 
Evaluation of implementation .............................................................. 60 
6.9 
6.10  Remaining issues ............................................................................... 60 

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Country report - gender equality – Serbia - 2022 

9 

8 

7 

Statutory schemes of social security (Directive 79/7) ............................. 61 
General (legal) context....................................................................... 61 
7.1 
7.2 
Implementation of the  principle of  equal  treatment  for  men  and  women in 
matters of social security .................................................................... 63 
Personal scope .................................................................................. 64 
7.3 
7.4  Material scope ................................................................................... 64 
Exclusions ........................................................................................ 64 
7.5 
Actuarial factors ................................................................................ 64 
7.6 
Difficulties ........................................................................................ 64 
7.7 
Evaluation of implementation .............................................................. 64 
7.8 
7.9 
Remaining issues ............................................................................... 64 
Self-employed  workers  (Directive  2010/41/EU  and  some  relevant 
provisions of the Recast Directive) ........................................................... 66 
General (legal) context....................................................................... 66 
8.1 
Implementation of Directive 2010/41/EU .............................................. 68 
8.2 
8.3 
Personal scope .................................................................................. 68 
8.4  Material scope ................................................................................... 69 
Positive action ................................................................................... 69 
8.5 
8.6 
Social protection................................................................................ 70 
8.7  Maternity benefits.............................................................................. 70 
8.8 
Occupational social security ................................................................ 71 
Prohibition of discrimination ................................................................ 71 
8.9 
8.10  Evaluation of implementation .............................................................. 72 
8.11  Remaining issues ............................................................................... 72 
Goods and services (Directive 2004/113) ................................................ 73 
General (legal) context....................................................................... 73 
9.1 
9.2 
Prohibition of direct and indirect discrimination ..................................... 73 
9.3  Material scope ................................................................................... 73 
Exceptions ........................................................................................ 74 
9.4 
Justification of differences in treatment ................................................ 74 
9.5 
Actuarial factors ................................................................................ 74 
9.6 
Interpretation of exception contained in Article 5(2) of Directive 2004/113 75 
9.7 
Positive action measures (Article 6 of Directive 2004/113) ...................... 76 
9.8 
Specific problems related to pregnancy, maternity or parenthood ............ 76 
9.9 
9.10  Evaluation of implementation .............................................................. 76 
9.11  Remaining issues ............................................................................... 76 
10  Violence against women and domestic violence in relation to the Istanbul 
Convention ............................................................................................... 78 
10.1  General (legal) context....................................................................... 78 
10.2  Ratification of the Istanbul Convention ................................................. 85 
11  Compliance  and  enforcement  aspects  (horizontal  provisions  of  all 
directives) ................................................................................................ 87 
11.1  General (legal) context....................................................................... 87 
11.2  Victimisation ..................................................................................... 89 
11.3  Access to courts ................................................................................ 91 
11.4  Horizontal effect of the applicable law .................................................. 92 
11.5  Burden of proof ................................................................................. 92 
11.6  Remedies and sanctions ..................................................................... 93 
11.7  Equality body .................................................................................... 94 
11.8  Social partners .................................................................................. 95 
11.9  Other relevant bodies......................................................................... 96 
11.10  Evaluation of implementation .............................................................. 96 
11.11  Remaining issues ............................................................................... 97 
12  Overall assessment .................................................................................. 98 
Bibliography ..................................................................................................... 99 

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Country report - gender equality – Serbia - 2022 

1 

Introduction 

1.1  Basic structure of the national legal system 

The  Republic  of  Serbia  is  a  constitutional,  multi-party,  parliamentary  democracy.  Its 
history is that of a federal unit within a federal state  – the Socialist Federal Republic of 
Yugoslavia (SFRY). After the dissolution of the SFRY in the 1990s, it was again structured 
as a federal state with two federal units, and known as the Federal Republic of Yugoslavia 
(FRY). From 2003 to 2006, Serbia was part of the State Union of Serbia and Montenegro, 
into which the Federal Republic of Yugoslavia had been transformed. On 5 June 2006, the 
National Assembly of Serbia declared Serbia the successor to the State Union, following 
the decision of the Parliament of Montenegro who declared Montenegro independent.  It 
finally  became  a  single  state,  which  means  that  the  legal  competence  for  anti-
discrimination law is directly applicable in all parts of the State.  Specific activities within 
the rights and responsibilities of the Republic and autonomous provinces may be delegated 
to the local self-government.  

Within  the  original  scope  of  responsibilities,  the  local  self-government  unit  passes 
regulations independently, in accordance with its rights and responsibilities determined by 
the Constitution. The state authorities, the authorities of the autonomous provinces, the 
authorities  of  self-government  units,  and  organisations  entrusted  with  the  exercise  of 
public powers, are all obliged to monitor the accomplishment of gender-based equality.  

Serbia’s court system includes courts of general jurisdiction and specialised courts. General 
jurisdiction courts include the basic courts, the higher  courts, the courts of appeal, and 
the Supreme Court of Cassation. The specialised courts include the Administrative Court, 
the commercial courts, the Commercial Appellate Court, the misdemeanour courts and the 
Misdemeanour Appellate Court. 

1.2  List of main legislation transposing and implementing the directives 

- 

- 

- 

- 

- 

The Gender Equality Act (GEA)1 proclaims gender equality in Serbia in all areas of 
public and private life, abolishing the previous Law on equality between the sexes;2 
The Law on the Prohibition of Discrimination (LPD)3 establishes a coherent system of 
protection from discrimination in Serbia; 
The  Labour  Law4  provides  specific  provisions  against  discrimination  at  work  and 
related to employment; 
The  Law  on  Social  Protection5  regulates  the  objectives  and  principles  of  social 
protection,  rights,  procedures  for  exercising  the  right  to  social  protection,  use  of 
social services, etc.; 
The  Law  on  Healthcare6  regulates  the  healthcare  system,  the  organisation  of 
healthcare services, the rights and obligations of patients, health protection, etc.; 

1   Gender Equality Act, Official Gazette of the Republic of Serbia, No. 52/2021. This law was adopted on 24 

May 2021 and entered into force on 1 June 2021. 

2   Law on Equality between the Sexes, Official Gazette of the Republic of Serbia, No. 104/2009. This law was 

adopted on 11 December 2009 and entered into force on 25 December 2009. 

3   Law on the Prohibition of Discrimination, Official Gazette of the Republic of Serbia, Nos. 22/2009, 52/2021, 
26 March 2009. It entered into force eight days after it was published in the Official Gazette, on 3 April 
2009 (except for the provisions relating to the Commissioner for the Protection of Equality which entered 
into force on 1 January 2010). The Law was amended in 2021. 

4   Labour Law, Official Journal of the Republic of Serbia, Nos. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 
13/2017 – Constitutional Court decision, 113/2017, 95/2018. It entered into force on 23 March 2005. The 
Law was amended several times, in 2005, 2009, 2013, 2014, 2017 and 2018.  

5   The Law on Social Protection, Official Gazette of the Republic of Serbia, No. 24/2011. 
6   The Law on Healthcare, Official Gazette of the Republic of Serbia, No. 25/2019. The law entered into force 

on 11 April 2019. 

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Country report - gender equality – Serbia - 2022 

- 

- 

The Law on Health Insurance7 governs entitlements deriving from compulsory health 
insurance of insured persons and other citizens, being covered by compulsory health 
insurance,  the  compulsory  health  insurance  organisation  and  financing,  voluntary 
health insurance and other issues relevant to the health insurance system; 
The  Law  on  the  Prevention  of  Domestic  Violence8  provides  urgent,  adequate  and 
efficient protection and support to victims of domestic violence. 

1.3  Sources of law 

The Constitution of the Republic of Serbia establishes in Article 16(2) the hierarchy of legal 
norms,  providing  that  ratified  international  treaties  must  be  in  conformity  with  the 
Constitution. Article 194 of the Constitution confirms  this  hierarchy as  it  stipulates that 
laws and other general acts must not be in contravention of the universally accepted rules 
of  the  international  law  (international  customary  law)  and  the  ratified  international 
treaties. Therefore, the Constitution prescribes the following hierarchy of legal norms: the 
Constitution, international law, laws, and bylaws.9  

The Constitution of the Republic of Serbia accepts the so-called monistic concept, as the 
mentioned sources make an integral part of the legal order of the Republic of Serbia and 
are applied directly. That is visible from Article 18(2) of the Constitution, which guarantees 
direct application of human and minority rights  ‘guaranteed by the universally accepted 
rules of international law, the ratified international treaties  and laws’.10  The Republic of 
Serbia has ratified all the international and regional treaties and conventions that set up 
standards  in  the  fields  of  human  rights,  women’s  rights  and  gender  equality.  In  other 
words, the Convention on the Elimination of all Forms of Discrimination against Women, 
International Covenant on Civil and Political Rights, International Covenant on Economic, 
Social  and  Cultural  Rights,  European  Convention  on  Human  Rights,  Convention  on  the 
Prevention  and  Combating  Violence  against  Women  and  Domestic  Violence,  as  well  as 
other human rights treaties ratified by Serbia, may be directly applied. Also, the European 
Council  granted  Serbia  the  status  of  candidate  country  in  2012.  The  Stabilisation  and 
Association Agreement (SAA) between Serbia and the EU entered into force in September 
2013.  Since  the  opening  of  Serbia’s  accession  negotiations  in  January  2014,  18  out  of 
35 chapters  (including  all  chapters  in  cluster  1  on  the  fundamentals)  and  one  cluster 
(Green  Agenda  and  Sustainable  Connectivity)  have  been  opened;  two  chapters  have 
provisionally  closed.  Serbia  accepted  the  revised  enlargement  methodology,  which 
requires a stronger focus on the fundamental reforms.11 It is of particular importance that 
Serbia  accepts  the  EU  acquis  with  respect  to  Chapter  23  (Judiciary  and  Fundamental 
Rights),  and  Serbia  has  some  level  of  preparation  in  applying  the  EU  acquis  and  the 
European standards in this area.12 In particular, the European Commission considers that 
Serbia’s legislative and institutional framework for upholding human rights is broadly in 
place, although consistent and efficient implementation needs to be ensured.13 

Moreover, the Constitution of the Republic of Serbia contains a very significant provision, 
which reads that the norms in the area of human and minority rights are interpreted with 

7   The Law on Health Insurance, Official Gazette of the Republic of Serbia, No. 25/2019. The law entered into 

force on 11 April 2019. 

8   The Law on the Prevention of Domestic Violence, Official Gazette of the Republic of Serbia, No. 94/2016, 

was adopted on 24 November 2016 and entered into force on 25 December 2016. 

9   In addition, the Constitution prescribes in Article 167(1)(1) that the Constitutional Court shall decide on the 

compliance of laws and other general acts with the Constitution, the universally accepted rules of the 
international law and the ratified international treaties, as well as on the compliance of the ratified 
international treaties with the Constitution (Article 167(1)(2)), confirming this hierarchy of norms in the 
legal order of the Republic of Serbia. 

10   The translation of legal acts in English used in this report is taken from the website of the Official Gazette, 

http://propisi.pravno-informacioni-sistem.rs. 

11   Other aspects are a stronger political steer, increased dynamics, and the predictability of the process. 

European Commission (2021), Serbia 2021 Report, Strasbourg, 19 October 2021, p. 3. 

12   See European Commission (2021), Serbia 2021 Report, Strasbourg, 19 October 2021, pp. 17-41. 
13   European Commission (2021) Serbia 2021 Report, Strasbourg, 19 October 2021, p. 31. 

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Country report - gender equality – Serbia - 2022 

a view to promoting the values of a democratic society, in conformity with the applicable 
international standards of human and minority rights, as well as practices of international 
institutions  that  monitor  the  implementation  thereof.14  In other  words,  the  Constitution 
explicitly states that human rights provisions must be interpreted in accordance with the 
practice of monitoring human rights bodies, referring here primarily to the case law of the 
ECtHR and of different UN Committees dealing with human rights protection (for instance, 
CEDAW, HRC). Such a provision constitutes evidence that the legislator had the intention 
of pointing to the significance of the international monitoring bodies in the area of human 
rights  protection,  which  usually  have  the  right to carry out  authentic  interpretations  of 
conventions, on the basis of which they were set up.  

Finally, in Article 145(2) the Constitution stipulates that court decisions are based on the 
Constitution  and  the  law,  as  well  as  on  a  ratified  international  treaty  and  a  regulation 
passed pursuant to laws. On the other hand, Article 142(2) of the Constitution reads that 
courts  ‘shall  try  pursuant  to  the  Constitution,  laws  and  other  general  acts,  when  so 
envisaged  by  the  law,  the  universally  accepted  rules  of  the  international  law  and  the 
ratified international treaties’, where the international law was left out for unclear reasons. 
Such inconsistency in regulating this area may also cause an ambivalent and inconsistent 
relationship of domestic authorities to the international law in practice.  

14   Aritcle 18(3) of the Constitution. 

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Country report - gender equality – Serbia - 2022 

2 

General legal framework 

2.1  Constitution 

2.1.1  Constitutional ban on sex discrimination 

The Serbian Constitution15 in Article 21(3) contains the general anti-discrimination clause, 
prohibiting any direct or indirect discrimination on any grounds, including sex and gender. 
On  the  other  hand,  it  does  not  explicitly  cover  marital  status,  gender,  gender  identity, 
sexual  orientation  and  pregnancy,  although  these  grounds  are  particularly  linked  to 
women’s position in a society.  

Article  15  of  the  Constitution  guarantees  gender  equality  and  states:  ‘The  State  shall 
guarantee  the  equality  of  women  and  men  and  develop  equal  opportunities  policy’. 
However, the provisions of the Constitution are not written in gender-sensitive language.  

2.1.2  Other constitutional protection of equality between men and women 

Apart  from  the  two  articles  mentioned  above,  the  Constitution  also  contains  Article  62 
which guarantees the equality of spouses, and stipulates in Paragraph 3 that ‘Conclusion, 
duration or dissolution of marriage shall be based on the equality of man and woman’. The 
Constitution prohibits forced labour and all forms of human trafficking.16 It also guarantees 
parental rights based on gender equality, special protection of reproductive rights and the 
right to asylum for fear of gender-based persecution.17 Furthermore, Article 110 provides 
the basis for equality in parliamentary life, as it stipulates that equality and representation 
of different genders must be realised, in accordance with the law.  

However, the Constitution guarantees freedom to procreate,18 stating that ‘everyone shall 
have the  freedom  to  decide  whether  they  shall  procreate or  not’  and  does  not  confirm 
women's reproductive rights. 

2.2  Equal treatment legislation 

In  Serbia,  there  is  a  general  anti-discrimination  law  (the  Law  on  the  Prohibition  of 
Discrimination),  as  well  as  specific  legislation  which  covers  only  gender  (the  Gender 
Equality Act). However, the LPD in Article 2(1) prohibits  discrimination on the following 
grounds:  race,  skin  colour,  ancestors,  citizenship,  national  affiliation  or  ethnic  origin, 
language, religious or political beliefs, sex, gender, gender identity, sexual orientation, sex 
characteristics,  level  of  income,  financial  position,  birth,  genetic  characteristics,  health, 
disability, marital and family status, previous convictions, age, appearance, membership 
in  political,  trade  union  and  other  organisations.  It  is  an  open  clause  and  provides 
protection from discrimination based on ‘other real or presumed personal characteristic.’ 

The new Gender Equality Act (GEA),19 adopted in May 2021, proclaims gender equality in 
Serbia in all areas of public and private life (Article 3). The European Commission considers 
that this piece of legislation has been aligned with the EU acquis.20 Serbia is committed to 
acceptance of the EU acquis concerning, among others, gender equality, and to implement 
it fully by the time it accesses to EU membership. The GEA obliges public authorities to 
develop  active  equal  opportunity  policies  in  all  spheres  of  public  life  in  all  phases  of 
planning, formulating and implementing decisions that affect  the position of women and 
men, which is a clear example of gender mainstreaming.  

15   The Constitution of the Republic of Serbia, Official Gazette of the Republic of Serbia, No. 98/2006. 
16   Article 26(2) of the Constitution.  
17   Article 57 of the Constitution. 
18   Article 63 of the Constitution. 
19   Gender Equality Act, Official Gazette of the Republic of Serbia, No. 52/2021. This law was adopted on 24 

May 2021 and entered into force on 1 June 2021. 

20   European Commission (2021), Serbia 2021 Report, Strasbourg, 19 October 2021, p. 38. 

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Country report - gender equality – Serbia - 2022 

In Serbia, there is also the Law on the Prevention of Discrimination against Persons with 
Disabilities,  which  prohibits  discrimination  based  on  disability.21  This  Law  prohibits 
discrimination on the ground of disability and aims to promote the inclusion of persons 
with disabilities in all spheres of society.22  

Also,  the  Law  on  Protection  of  Rights  and  Freedoms  of  National  Minorities23  provides 
protection to national minorities from all forms of discrimination in exercising their  civil 
rights and freedoms and obliges public officials to abstain from acts and regulations that 
are discriminatory towards them.  

Finally,  gender  equality  clauses  have  been  integrated  in  the  legislation  related  to  the 
specific  sectors,  such  as  labour,  family  relations,  social  protection,  healthcare,  media, 
education, political life, sports, etc. 

21   Law on the Prevention of Discrimination against Persons with Disabilities, Official Gazette of the Republic of 

Serbia, Nos. 33/2006, 13/2016. 

22   This Law was followed by the Law on Professional Rehabilitation and Employment of Persons with 

Disabilities, which was adopted with the aim of creating a possibility for persons with disabilities to be 
included in larger numbers in the open labour market, and to improve the quality of their employability 
and/or employment quality. See the Law on the Professional Rehabilitation and Employment of Persons 
with Disabilities, Official Gazette of the Republic of Serbia, Nos 36/2009, 32/2013. 

23   Law on the Protection of Rights and Freedoms of National Minorities, Official Gazette of FRY, No. 11/2002 of 
27 February 2002, Official Gazette of Serbia and Montenegro, No. 1/2003 – Constitutional Charter, Official 
Gazette of the Republic of Serbia, No. 72/2009 – other law, Official Gazette of the Republic of Serbia, 
Nos. 97/2013 – decision of the Constitutional Court, 47/2018. 

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Country report - gender equality – Serbia - 2022 

3 

Implementation of central concepts 

3.1  General (legal) context 

3.1.1  Surveys on the definition, implementation and limits of central concepts of gender 

equality law 

In Serbia, several surveys have been published over the last six years that provide insights 
into the legal definition, implementation, and limits of central concepts of gender equality 
law in Serbia. Nevertheless, as a new GEA was adopted in May 2021, these surveys are 
no  longer  relevant  as  they  mainly  concern  the  interpretation  of  the  previous  legal  act. 
However, there are a few comments that relate to the process of the adoption of the new 
law and on its provision.  

After the elections in June 2020, a new Ministry for Human and Minority Rights and Social 
Dialogue was formed, which was given the responsibility of finalising the draft of the new 
GEA.  In  the  first  three  months  of  2021,  four  social  dialogues  were  held  and  a  special 
working group was formed, which met twice. Public consultations were held and a report 
was prepared. The text of the draft law was published on  26 February 2021, along with 
forms  for  submitting  suggestions  and  comments.  As  announced  by  the  Ministry, 
16 completed forms were received with a total of 139 proposals for amendments. A special 
working group meeting was held, at which the proposals were discussed and implemented 
in  the  text.  Among  other  terms,  the  definition  of  gender  equality  was  amended  and 
improved.  Article  6  defines  25  terms,  and  defines  some  new  concepts  or  amends  the 
previous definitions. However, certain issues remained open and were insufficiently or very 
briefly addressed. The law is rich in general principles and general declarative rules, which, 
in many places  act more like recommendations than legal rules,  given the insufficiently 
developed mechanisms for their implementation and for sanctioning non-compliance with 
the obligations prescribed by the law.24 

A  report  published  in  2021  points  to  the  key  innovations  introduced  by  the  recently 
adopted  Gender  Equality Act  and  to the  mechanisms  that need  to  be  developed  for  its 
effective implementation in the public, private and civil sectors.25  

3.1.2  Other issues 

The study Equality in Practice in Serbia refers to some problems in the implementation of 
central concepts by courts. The authors found that in a number of court decisions, judges 
incorrectly  characterised  discrimination  as  ‘unequal  treatment’  without  considering 
whether the conduct had occurred in relation to a prohibited personal characteristic; that 
sometimes judges misunderstood the relevance of protected characteristics, and in more 
complex cases, some judges do not recognise the distinction between direct and indirect 
discrimination.26 

3.1.3  General overview of national acts 

The main legislation that contains central anti-discrimination concepts are the LDP and the 
GEA.  

The  LPD,  as  a  general  act,  defines  direct  and  indirect  discrimination,  harassment, 
instruction to discriminate, and positive action.  

24   Open Parliament, Gender Equaity Act, https://otvoreniparlament.rs/akt/4512.  
25   Pajvančić, M., (2021) Rodna ravnopravnost u kontekstu održivog razvoja i rešenja sadržanih u Zakonu o 

rodnoj ravnopravnosti (Gender equality in the context of sustainable development and solutions contained 
in the Gender Equality Act), Sustained Development for All. 

26   Petrušić, N., Beker, K. (2018), Equality in Practice in Serbia, Implementing Serbia's Equality Laws, Equal 

Rights Trust, p. 105. 

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Country report - gender equality – Serbia - 2022 

The GEA defines direct and indirect discrimination, victimisation, harassment and sexual 
harassment, but does not define instruction to discriminate. It also provides definitions of 
'sex' and 'gender'.  

Finally, the Labour Law defines direct and indirect discrimination, as well as harassment 
and sexual harassment.  

3.1.4  Political and societal debate and pending legislative proposals 

Since 2015, the adoption of a new piece of legislation with some significant changes was 
expected  to  happen  at  the  end  of  2015,  but  was  postponed  due  to  some 
misunderstandings of the Working group that prepared the text. The name of the law was 
changed twice from the Law on Gender Equality to the Law on Sex Equality and, finally, 
to  the  Law  on  Equality  of  Women  and  Men  showing  misunderstanding  of  two  main 
concepts: 'sex' and 'gender', as well as resistance to combating gender discrimination. The 
main claim was that the Serbian constitution does not recognise gender equality, but only 
'equality between women and men'.27  Due to lack of wider consensus, the Coordination 
body  for  Gender  Equality  withdrew  the  Draft  Law  from  the  parliamentary  procedure  in 
February 2016. It was expected that comments received from different stakeholders will 
be carefully considered in order to adopt a good piece of legislation for combating gender 
discrimination by the end of 2016. However, the new piece of legislation was not adopted 
by the Government and published on the website of the Ministry of Labour, Employment, 
Veteran's Affairs and Social Affairs before June 2018.28 In 2019, the CEDAW expressed its 
concern  that  the  adoption  of  the  new  law  has  been  hampered  by  a  lack  of  political 
consensus,  and  encouraged  Serbia  to  adopt  it  without  further  delay.29  However,  this 
process was not finalised, and the law was not submitted to the National Assembly and 
adopted by the end of 2020. After the elections in June 2020, a new Ministry for Human 
and Minority Rights and Social Dialogue was formed. The new ministry completed the draft 
of the Gender Equality Act, which was the result of short but wide consultation, especially 
with the civil sector. The law was finally adopted in May 2021. 

3.2  Sex/gender/transgender 

3.2.1  Definition of ‘gender’ and ‘sex’ 

Article 6 of the GEA defines both terms. Therefore, while ‘sex’ relates to biological features 
of a person on the basis of which people are identified as women or men, ‘gender’ means 
socially  established  roles,  opportunities,  behaviours,  activities  and  attributes,  which  a 
particular  society  considers  appropriate  for  women  and  men,  including  the  relationship 
between  men  and  women  and  roles  in  those  relationships  that  are  socially  determined 
depending on their sex. These are the only definitions of these terms in Serbian legislation.  

3.2.2  Protection of transgender, intersex and non-binary persons 

The  general  anti-discrimination  law,  the  LPE,  prohibits  in  Article  2(1)  discrimination, 
among  others,  based  on  'gender  identity',  'sexual  orientation'  and  'sex  characteristics', 
protecting also transgender and intersex persons. There is a lack of trans-specific research 
on the problems and needs of LGBTI persons in Serbia, except a few studies that provide 

27   Politika (2016) ‘Zašto je povučen zakon o ravnopravnosti žena i muškaraca?’ (Why was the Law on Equality 

of Women and Men withdrawn?), 18 February 2016, 
http://www.politika.rs/sr/clanak/349327/Drustvo/Zasto-je-povucen-zakon-o-ravnopravnosti-zena-i-
muskaraca.  

28   Government of the Republic of Serbia, Coordination Body for Gender Equality, the Draft Law on Gender 
Equality, https://www.rodnaravnopravnost.gov.rs/sr/dokumenti/predlozi-i-nacrti/nacrt-zakona-o-rodnoj-
ravnopravnosti. 

29   CEDAW, Concluding observations on the fourth periodic report of Serbia, 14 March 2019, 11. 

11 

 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

valuable information on their position and experiences.30 The first comprehensive report 
on the legal position of intersex, carried out by NGO Gayten, was presented in March 2019 
and  has  not  yet  been  published.31  However,  in  its  submission to  the Universal  Periodic 
Review,  the  NGO  XY  Spectrum32  underlined  that  intersex  persons  in  Serbia  are  legally 
invisible. Also, in practice, transgender persons are exposed to everyday  discrimination, 
particularly  due  to  the  fact  that  they  have  problems  with  changing  documents  in 
accordance with their new identity. In September 2020, the ‘Guidelines on Transition for 
Trans Persons’ was published.33 A report on public opinion on transgender rights in Serbia 
was published in 2021.34 

Two important laws were adopted in order to improve the position of transgender persons 
in Serbia. The Law on National Identification Number was adopted in 2018, and prescribes 
that if a citizen changes data concerning his/her sex, the competent authority is obliged 
to  issue  a  new  ID  number  within  15  days.35  In  addition,  Amendments  to  the  Law  on 
Registers offers the possibility to enter data on ethnicity and the change of sex, by decision 
of the competent authority based on the certificate of the competent medical institution.36  

In December 2018, the first bylaw was adopted in order to regulate who can change the 
documents. The rulebook of the competent health institution on the manner of issuing and 
the form certificate on the sex change37 defines that it can be a person who has undergone 
at  least  a  year  of  hormonal  therapy,  or  after  the  gender  confirmation  surgery 
(Article 3(1)).  This  is  the  first  time  that  persons  who  have  not  undergone  gender 
confirmation surgery will be legally recognised. Also, without any wider discussion, during 
2018, the Draft Law on Gender Identity was submitted to the National Assembly, which 
for the first time recognises non-binary persons, and defines the terms 'gender identity',38 
'transsexualism',39  'intersex'40  and  'binary  gender  role  division'.41  In  the  meantime, the 
new model Law on Gender Identity and Rights of Intersex Persons was prepared by  the 
NGO Geten (formerly known as 'Gayten') and was presented in December 2019 in a public 
debate.  None  of  these  acts  were  adopted  in  2021.  Another  controversial  issue  is  the 
withdrawal  of  the  Law  on  the  Registration  of  Same-Sex  Partnership,  claiming  that  it  is 

30   The most comprehensive academic research is Z. Mršević (2017) Transrodno lice pravde (A transgender 
face of justice), Beograd, Institut društvenih nauka, 79. See also Z. Mršević, Depathologisation of trans 
identity (Depatologizacija trans identiteta) (2020), Glasnik Advokatske komore Vojvodine 1/2020, 60-78; 
J. Simic, Life in Legal Limbo – Trans Persons in Serbia (2019) Contemporary issues and perspectives on 
gender research, Institute of Social Sciences.  

31   A short report on the position of intersex in Serbia was published in 2017. See UNDP, Research on the 
Position of Intersex in Albania, Bosnia and Herzegovina, FYROM and Serbia (Istraživanje o položaju 
interseks osoba u Albaniji, Bosni I Hercegovini, Bivšoj Jugoslovenoj Republici Makedoniji I Srbiji), Belgrade, 
2018.  

32   XY Spectrum, UPR Submission on sex characteristics and intersex status in Serbia, Universal Periodic 

Review, Cycle 3, 29th session. 

33   Tororović, J., Lazić, S.D. (2020), ‘Vodič kroz tranziciju za trans osobe u Srbiji’ (Guidelines on Transition for 

Trans Persons), Geten, The Government of Serbia. 

34   Luhur, W., Krstic, I., Shaw, A. (2021), Public Opinion of Transgender Rights in Serbia, Williams Institute. 
35   Law on National Identification Number of Citizens (Zakon o jedinstvenom matičnom broju građana), Official 

Gazette of the Republic of Serbia, No. 24/2018, 3 April 2018. 

36   Amendments to the Law on Registers (Zakon o izmenama i dopunama Zakona o matičnim knjigama), 

Official Gazette of the Republic of Serbia, No. 47/18, 28 June 2018. 

37   The rulebook of the competent health institution on the manner of issuing and the form certificate on the 

sex change (Pravilnik o načinu izdavanja i obrascu potvrde nadležne zdravstvene ustanove o promeni pola), 
21 December 2018, Minister of health, Act No. 110- 00 - 392/2018-26, entered into force on 1 January 
2019.  

38   Gender identity is defined in Article 3(2) as ‘an internal and personal experience of a person as he/she 

understands their gender and which may, but may not, match the gender attributed to the birth, including 
personal experience of his/her own body, as well as other modes of gender expression such as dress, 
manner of speaking, gesturing, and the like.’ 

39   Transsexualism is defined in Article 3(3) as ‘a feeling of deep, internal disharmony between the biological 
sex of person and his/her gender identity, as determined by a psychiatrist, which may, or may not, be 
medically removed (hormone-surgical treatment).’ 

40   Intersex is explained in Article 3(8) as ‘a general term used for a person born with reproductive or genital 

anatomy that does not conform to the typical definitions of male and female.’ 

41   Binary gender role division is described in Article 3(7) as ‘a division by which persons are divided 
exclusively into two genders, male and female, and gender and gender roles defined upon them.’ 

12 

 
 
 
 
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unconstitutional to recognise same-sex partnerships. This caused controversy among the 
public in the middle of the year, and speaks of the generally accepted attitudes towards 
the LGBTI community and their position. The support for the adoption of the draft Law on 
the Registration of Same-Sex Partnership is quite low and does not exceed 11 %. As many 
as 61 % of respondents from one survey who are not at all familiar with the law on same-
sex unions do not support its adoption at all.42 Also, it is interesting to note that total of 
41 % of the surveyed citizens expressed the opinion that Serbia should not legally regulate 
the area of gender and gender identity change. A high percentage of respondents cannot 
assess  their  answer  to  this  question  (28 %),  while  the  remaining  respondents  (31 %), 
state that Serbia should regulate the area of gender reassignment and gender identity. 
However, half of the respondents who believe that this issue needs to be regulated state 
that gender reassignment in Serbia should be banned. 

3.2.3  Specific requirements 

It is not yet clear if some specific requirements have to be fulfilled in order to benefit from 
legal non-discrimination protection in Serbia. So far, there have only been two cases where 
the  Commissioner  for  the  Protection  of  Equality  –  an  independent,  autonomous  and 
specialised non-discrimination public body established by the LPD – found discrimination 
of  a  transgender  person  because  the  higher  education  institution  refused  to  issue  a 
diploma  to  a  new  name.  However,  in  that  case,  the  person  had  undergone  gender 
confirmation  surgery  and her  identity  was  confirmed  by German  courts.43  Another  case 
concerned a transgender major in the Serbian Armed Forces, who was 'forced' to terminate 
military service and to receive her pension.44 It was perceived that her case could have 
'adverse consequences for the reputation of the Army'. The Commissioner found that this 
wording was humiliating, and that it insulted and offended the dignity of the applicant. It 
can  be  assumed  that  some  problems  can  arise  in  relation  to  the  existence  of  a  binary 
system  for  persons  who  have  legally  changed  their  identity,  but  have  not  undergone 
gender confirmation surgery. Also, it is uncertain whether other transgender persons will 
be recognised as such (e.g. those who had no hormonal therapy, or whose therapy lasted 
for less than a year). 

3.3  Direct sex discrimination 

3.3.1  Explicit prohibition  

In Serbia, direct discrimination is prohibited and defined in both anti-discrimination laws.  

Article  4(2)  of  the  GEA  prohibits  direct  discrimination  on  the  basis  of  sex,  sex 
characteristics and gender, which exists if:  

‘a person or a group of persons in the same or a similar situation, are placed, have 
been placed or might be placed in a less favourable position through any act, action 
or omission.' 

Article 6 of the LPD says that:  

‘Direct  discrimination  shall  occur  if  an  individual  or  a  group  of  persons,  on  the 
grounds of his/her or their personal characteristics, in the same or a similar situation, 

42   Ka boljem razumevanju prava LGBTI osoba i njihove pozicije. u društvu (For Better Understanding of LGBTI 

Rights and their Position in the Society), CeSID, 2021, http://www.cesid.rs/wp-
content/uploads/2021/09/CeSID_Srpski.pdf. 

43   Commissioner for the Protection of Equality (Poverenik za zaštitu ravnopravnosti), M. Dj. against the 

Faculty of Law, complaint No. 202, opinion of 24 February 2012. 

44   Commissioner for the Protection of Equality (Poverenik za zaštitu ravnopravnosti), NGO E against the Army 
of the Republic of Serbia and the Minister of Defence, complaint No. 07-00-1/2015-02, opinion of 3 April 
2015. 

13 

 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

are  placed  or  have  been  placed  or  might  be  placed  in  a  less  favourable  position 
through any act, action or omission.’  

This definition is in line with the definition from EU directives.  

There  are  many  cases  of  direct  discrimination in  Serbia.  For  example,  discrimination is 
manifested both in job advertisements and during interviews, by making work conditional 
on postponing pregnancy and starting a family, due to the assumption of the impossibility 
of reconciling work and parenthood.45 

3.3.2  Prohibition of general discrimination  

General discrimination is prohibited in Article 4 of the LPE, which means that a claim can 
be brought to the Commissioner for Protection of Equality or a lawsuit to the court. In its 
practice,  the  Commissioner  found  that  the  statement  of  a  football  team  coach  that 
members  of  sexual  minorities  were  not  welcomed  as  players,  as  well  as  a  recruitment 
advert, in which the employer explicitly sought an employee of a certain sex, contravened 
Article 4.46 

3.3.3  Prohibition of pregnancy and maternity discrimination 

Pregnancy and maternity  discrimination are explicitly prohibited as  a form of direct sex 
discrimination as such. Thus, Article 20(2) of the LPE prohibits any denial of rights or public 
or  covert  recognition  of  benefits  in  relation  to  sex  and  gender  and  due  to  pregnancy, 
maternity  leave,  childcare  leave,  or  special  childcare.47  Also,  Article  4(5)  of  the  GEA 
stipulates that unequal treatment on the basis of pregnancy, maternity leave, childcare 
leave, paternity leave in the capacity of paternity and maternity (parenthood), adoption, 
foster  care,  guardianship,  and incitement  to  discrimination  as  well  as  any unfavourable 
treatment a person receives for refusing or suffering such behaviour is prohibited. 

The Commissioner in its practice acts in cases of pregnancy and maternity discrimination. 
For example, the Commissioner found discrimination in the case of an Austrian citizen who 
had been employed in a company since 2006. After informing her employer that she was 
pregnant,  the  employer  terminated  her  contract,  without  first  applying  to  the  National 
Employment  Service  for  permission  to  do  so.48  Also,  there  are  cases  of  maternity 
discrimination. Thus, the Commissioner found discrimination of a single mother of three 
children working in a preschool institution.49 After she went on leave due to the sickness 
of her second child, the employer forced her to terminate the contract  herself,  with the 
explanation that ‘she is not reliable’ and that ‘the doors of the kindergarten are open for 
her when her  children grow up.’  In other  words, she was  not made redundant, but the 
employer made her quit. The Commissioner found discrimination and recommended the 
employer offer the applicant a new contract. 

3.3.4  Specific difficulties 

In Serbia, there are no difficulties in applying the concept of direct sex discrimination.  

45   The Commissioner for the Protection of Equality (2022) Regular Annual Report for 2021, 128. 
46   See, e.g. Commissioner for the Protection of Equality, R.I.C. against the FK "C.Z."Z.T., complaint 

No. 5.07-00-9/2018-02, opinion of 5 April 2018. 

47   The Commissioner for the Protection of Equality considers discrimination in relation to pregnancy and 
maternity to be sex discrimination. See e.g. Commissioner for the Protection of Equality (Poverenik za 
zaštitu ravnopravnosti), J.M. against S.M. d.o.o., complaint No. 07-00-232/2015-02, opinion of 3 August 
2015. 

48   The Commissioner for the Protection of Equality (2019), Particular Report in the area of Work and 

Employment (Poseban izveštaj u oblasti rada i zapošljavanja), 155. 

49   Commissioner for the Protection of Equality (Poverenik za zaštitu ravnopravnosti), AA against BB, complaint 

No. 07-00-143/2020-02, opinion of 18 December 2020.  

14 

 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

3.4  Indirect sex discrimination 

3.4.1  Explicit prohibition 

In Serbia, indirect discrimination is prohibited in national law.  

The GEA contains a definition of indirect discrimination in Article 4(3), which shall be taken 
to occur: 

‘where  an  apparently  neutral  provision,  criterion  or  practice  would  put  persons 
having a particular sex, sex characteristics or gender, at a particular disadvantage 
compared  with  other  persons,  unless  that  provision,  criterion  or  practice  is 
objectively  justified  by  a legitimate  aim  and  the  means  of  achieving that  aim  are 
appropriate and necessary.’ 

The LPD also defines indirect discrimination. In Article 7 it says that:  

‘Indirect discrimination shall occur where an apparently neutral provision, criterion 
or practice would put persons, due to their personal characteristics, at a particular 
disadvantage  compared  with  other  persons,  unless  that  provision,  criterion  or 
practice is objectively justified by a legitimate aim and the means of achieving that 
aim are appropriate and necessary.’  

In its report on Serbia, the European Commission against Racism and Intolerance (ECRI) 
criticised the fact that the previous definition of indirect discrimination seemed to exclude 
the  possibility  of  challenging  an  apparently  neutral  provision  even  before  actual 
disadvantages  occur.50  It  also  uses  the  wording  ‘an  act,  action  or  omission  that  is 
apparently based on the principle of equality and prohibition of discrimination’ instead of 
the wording ‘an apparently neutral provision, criterion or practice’, when the essence of 
this  form  of  discrimination  is  neutrality,  which  causes  an  unequal  position  of  a  certain 
group in practice. Also, in the study, Equality in Practice in Serbia, the authors argue that 
the language of Article 7 is  confusing, that the concept of the  ‘principle of equality and 
prohibition of discrimination’ is vaguely defined and that it differs from definitions given in 
the  EU  Directives.51  Therefore,  with  amendments  from  May  2021,  this  provision  was 
changed and is now fully aligned with the EU acquis. 

There  are  not  many  cases  where  indirect  discrimination  was  found.  it  is  illustrative  to 
mention one case from 2017, where the Commissioner for the Protection of Equality found 
indirect sex discrimination in relation to a woman (L.T.) who was employed at the Ministry 
of  the Interior, the  Police  Administration of  the  city of Belgrade.52  Since  2009, she had 
been a deputy commander, but in 2016 she was transferred to a lower-paid job and was 
replaced  by  a  man.  In  its  declaration,  the  Police  Directorate  stated  that  the  Police 
Administration  was  of  the  opinion  that  assigning  L.T.  to  the  position  of  an  officer 
(miscellaneous police affairs with the Prevention and Community Policing Unit within the 
Police  Administration)  would  strengthen  her  work  ethics  and  enhance  her  on-the-job 
performance, while her male colleague was assigned to the position of a Railroad Safety 
Deputy Commander as he was highly committed, a motivated self-starter, efficient and a 
result-oriented  professional,  qualities  he  had  demonstrated  in  his  everyday  work.  The 
Commissioner  was  of  the  opinion  that  the  Police  Directorate  did  not  provide  sufficient 
grounds for concluding that her unfavourable reassignment was based on objective and 
justified reasons that are not related to her sex. The Commissioner found that there are 

50   ECRI report on Serbia (fifth monitoring cycle), Council of Europe, 22 March 2017, 

https://www.coe.int/t/dghl/monitoring/ecri/Country-by-country/Serbia/SRB-CbC-V-2017-021-ENG.pdf. 

51   Petrušić, N., Beker, K. (2018), Equality in Practice in Serbia, Implementing Serbia's Equality Laws, Equal 

Rights Trust, 50. 

52   Commissioner for the Protection of Equality (Poverenik za zaštitu ravnopravnosti), L. T. against the Police 

administration of the city of Belgrade, complaint No. 07-00-69/2017-02, opinion of 23 June 2017. 

15 

 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

still  a  significantly  lower  percentage  of  women  in  leadership  positions.  In  the  Police 
Administration of the city of Belgrade, only 4 women are employed as executives, while 
among  1  475  employed  women,  only  76  are  in  managerial  positions.  In  addition,  the 
Commissioner found that interviews  with women employed with the police  showed that 
there is an unwritten rule that men have priority in promotion. One of the main reasons 
that impedes women from promotion are prejudices and stereotypes that men are better 
managers than women. 

3.4.2  Statistical evidence 

While the LPD does not contain any specific rule in relation to statistics, the GEA contains 
several  provisions  which  relate  to  statistical  data,  but  not  to  statistical  evidence. 
Furthermore, the Civil Procedure Code does not mention statistical evidence as evidence 
before the court.53 It just says in Article 7 that parties are obliged to present all the facts 
on which they base their claim and to propose evidence which determines that fact.  

However, although judges are reluctant to use statistical data as evidence in court in cases 
of discrimination, statistical evidence in order to establish indirect discrimination is used 
by  the  Commissioner  for  the  Protection  of  Equality.  Moreover,  the  Commissioner 
emphasised that the use of statistical data is relevant in cases involving both direct and 
indirect discrimination, and that even a minimum percentage of members of vulnerable 
groups,  under  certain  circumstances,  can  be  enough  to  qualify  a  specific  practice  as 
discriminatory,  especially  when  a  long-lasting  practice  can  deepen  the  existence  of 
discrimination.54  For  example,  in  one  case  a  complaint  was  submitted  by  a  woman 
employed in a public company. She claimed to have been discriminated against for being 
female, due to her not being promoted in accordance with her professional qualifications. 
Looking at the statistics, it was found that the number of women in managerial positions 
in the company was far below the number of men. Therefore, the Commissioner issued a 
recommendation that the public company should develop a plan of measures to eliminate 
or mitigate gender disparity.55 

3.4.3  Application of the objective justification test 

According to Article 7 of the LPD, and Article 4(3) of the GEA, indirect discrimination can 
be justified if an apparently neutral act, action or omission has a lawful objective and the 
means  of  achieving  that  objective  are  appropriate  and  necessary.  The  means  will  be 
proportionate if they are closely linked to the achievement of the legitimate aim, and if 
they  cannot  be  achieved  with  less  intrusion  into  someone’s  rights.  It  is  the  same 
justification test as that in the relevant EU directives.  

In one case the Court correctly applied the proportionality test in the sense that it requires 
that  means  have  to  be  ‘appropriate  and necessary’.  The  Court  found  that  difference  in 
treatment did not have an objective and reasonable justification, concluding that it does 
not pursue a legitimate aim and there is no proportionality between the means employed 
and the aim sought to be realised.56 Also, the Commissioner for the Protection of Equality 
issued  several  opinions  where  it  adequately  applied the  proportionality test  in  cases  of 
discrimination.57  

53   The Civil Procedure Code, Official Gazette of the Republic of Serbia, No. 72/2011, 49/2013 – decision CC, 

74/2013 – decision CC and 55/2014.  

54   Commissioner for the Protection of Equality (Poverenik za zaštitu ravnopravnosti), A. against the Centre for 

Social Work, complaint No. 07-00-00581/2016-02, opinion from 12 April 2017. 

55   Commissioner for the Protection of Equality (2019), Particular Report in the area of Work and Employment 

(Poseban izveštaj u oblasti rada i zapošljavanja), 136. 
56   Appellate Court in Nis, 21 Gž. br.1961/16, 31 August 2016. 
57   Commissioner for the Protection of Equality (Poverenik za zaštitu ravnopravnosti), A.V. from B. against the 

Hunting Society B., complaint No. 07-00- 556/2018-02, opinion from 14 November 2018. 

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Country report - gender equality – Serbia - 2022 

3.4.4  Specific difficulties 

There are some difficulties in Serbia in applying the concept of indirect sex discrimination. 
The main problem is the use of statistical data in order to prove discrimination. Statistical 
data  are  used  by  the  Commissioner  for  the  Protection  of  Equality,  but  courts  are  still 
reluctant to rely on statistical data as evidence.  

3.5  Multiple discrimination and intersectional discrimination58 

3.5.1  Definition and explicit prohibition 

Article 13(5) of the LPD recognises ‘discrimination against individuals on the basis of two 
or more personal characteristics (multiple or intersecting discrimination)’ as a serious form 
of discrimination. This means that a more severe penalty should be imposed in a case of 
multiple or intersecting discrimination. Article 13(5), which was amended in 2021 is more 
specific,  as  it  determines  that  multiple  discrimination  occurs  when  the  two  or  more 
personal  characteristics  can  be  differentiated,  while  intersectional  discrimination  occurs 
when  different  personal  characteristics  cannot  be  differentiated.  The  same  definition  is 
given in Articles 4(6) and 6(5) of the GEA. 

3.5.2  Case law and judicial recognition 

There  is  some  case  law  before  the  Commissioner  for  the  Protection  of  Equality  that 
addresses multiple discrimination. The practice of the Commissioner in 2021 shows that 
multiple discrimination is most frequent in relation to women – due to their sex, and to 
their  marital  and  family  status  –  in  the  area  of  employment.59  These  grounds  of 
discrimination  are  followed  by  age  and  disability,  health  status  and  nationality.  The 
Commissioner’s practice also confirms that certain groups of women are more likely to be 
exposed  to  multiple  discrimination,  such  as  older  or  young  women,  women  with 
disabilities, Roma women, rural women, women migrants, women living with HIV/AIDS, 
women journalists, and others.60 

The  Commissioner  highlighted  that measures  such  as  prohibition of  employment  in the 
public sector have a significantly more negative effect on women than on men, especially 
on  women  from  multiply  disadvantaged  groups  (i.e.  Roma  women,  women  with 
disabilities, single mothers, rural women, etc.), since they are less likely to be employed, 
and  advocated  for  a  change  of  the  Law  on  the  manner  of  determining  the  maximum 
number of employees in the public sector.61  

The Government in its Strategy for Gender Equality recognised groups of women who are 
at risk of multiple discrimination. These are: female victims of domestic violence, women 
older than 60, young women, women with disabilities, etc.62  

There still is no solid case law before civil courts in order to assess whether the detrimental 
effect of  multiple  discrimination is  recognised  and  whether  it  provides  a  basis  to  award 
higher compensation. However, one study showed that neither judges nor lawyers have 
sufficient  knowledge  about  multiple  discrimination,  and  different  forms  in  which  it  can 

58   See for more information Fredman, S. (2016), Intersectional discrimination in EU gender equality and non-

discrimination law, European network of legal experts in gender equality and non-discrimination, 
https://www.equalitylaw.eu/downloads/3850-intersectional-discrimination-in-eu-gender-equality-and-non-
discrimination-law-pdf-731-kb. 

59   The Commissioner for the Protection of Equality (2022), Regular Annual Report for 2021, 183. 
60   The Commissioner for the Protection of Equality (2022) Regular Annual Report for 2021, 130. 
61   The Commissioner for the Protection of Equality (2019), Particular Report in the area of Work and 

Employment (Poseban izveštaj u oblasti rada i zapošljavanja), 270.  

62   National Strategy for Gender Equality for the period 2021 - 2030, adopted on 4 November 2021, 18.  

17 

 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

occur.63 Therefore, the author concluded that there is a need for additional education to 
clarify  complex  social  phenomena  and  enable  legal  professionals  to  understand  these 
phenomena and apply legal norms adequately in situations of multiple discrimination. 

3.6  Positive action 

3.6.1  Definition and explicit prohibition 

Article 21(4) of the Serbian Constitution recognises positive action providing that:  

‘special measures which the Republic of Serbia may introduce to achieve full equality 
of individuals or group of individuals in a substantially unequal position compared to 
other citizens shall not be deemed discrimination.’  

This provision is gender neutral, referring to any group in a substantially unequal position 
compared  to  other  citizens.  Women  are  not  explicitly  mentioned  as  a  group  who  need 
protection from discrimination, disregarding the fact that this form of discrimination is the 
most prevalent in the society.64  

The GEA in Article 4(8)  stipulates that it is not considered to be discrimination ‘if some 
special  measures  are  adopted  in  order  to  eliminate  and  prevent  an  unequal  status  of 
women  and  men  and  to  accomplish  equal  opportunities  for  women  and  men.’  Special 
measures are considered to be activities, measures, criteria and practices aimed to ensure 
equal  participation  and  representation  of  women  and  men,  especially  members  of 
vulnerable social groups, in all spheres of social life (Article 10(1)). In addition, the GEA 
stipulates that measures for the protection of motherhood and fatherhood (parenthood), 
adoption, foster care, guardianship, protection at work of employees of different sexes, in 
accordance with regulations governing labour relations and health and safety at work, are 
not considered to be discrimination (Article 4(7)). 

Positive action is also recognised in the LPD, in Article 14, which stipulates that:  

‘Measures  introduced  for  the  purpose  of  achieving  full  equality,  protection  and 
progress of an individual or a group of persons in an unequal position shall not be 
considered to constitute discrimination.’  

The  special  measures  can  be  applied  until  the  goal,  for  which  they  were  prescribed,  is 
achieved, unless otherwise prescribed by law. It is further provided that when preparing 
a new regulation or public policy relevant to the exercise of the rights of socio-economically 
disadvantaged persons or groups of persons, the public authority  must make an impact 
assessment  of  the  regulation  or  policy  in  which  it  assesses  their  compliance  with  the 
principle of equality. The impact assessment will include in particular: 1) a comprehensive 
description  of  the  situation  in  the  area  that  is  the  subject  to  regulation  with  special 
reference to socio-economically vulnerable persons; 2) assessment of the necessity and 
proportionality of the intended amendments to the regulations from the aspect of respect 
for  the  principles  of  equality  and  rights  of  socio-economically  vulnerable  persons;  and 
3) risk assessment for the rights, obligations and law-based interests of these persons. 

These  definitions  comply  with  the  EU  definition  found  in  Article  157(4)  of  the  TFEU, 
particularly  as  some  other  provisions  in  anti-discrimination  laws  guarantee  equal 
opportunities for both sexes in employment. Thus, Article 16 of the LPD prohibits violation 
of the principle of equal opportunity in gaining employment or equal conditions in enjoying 
all  the  rights  pertaining  to  the  sphere  of  labour.  Article  16(3)  further  proclaims  that 

63   Beker, K. (2019), Višestruka diskriminacija žena u Srbiji i odabranim državama Evropske unije: uporedna 
analiza (Multiple discrimination of women in Serbia and selected EU countries: comparative analyses, 
University of Novi Sad, PhD dissertation defended in 2020. 

64   Dokmanović, М. (2016), Gender Analysis for Serbia, IPA - NEAR, 12, 13. 

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Country report - gender equality – Serbia - 2022 

protective  measures  towards  certain  categories  of  persons,  such  as  women,  pregnant 
women,  or  women  who have  recently  given  birth,  shall  not  be considered to  constitute 
discrimination. 

The  GEA  in  Article  4(8)  provides  that  it  is  not  considered  to  be  discrimination  if  some 
special  measures  are  adopted  in  order  to  eliminate  and  prevent  an  unequal  status  of 
women  and  men  and  accomplish  equal  opportunities  for  both  sexes.  Furthermore, 
Article 10  stipulates  that  positive  action  measures  are  determined  and implemented  by 
the public authority and the employer. When determining special measures, the different 
interests, needs and priorities of women and men must be taken into account. Measures 
must  ensure:  1) the right  of  women,  girls  and men to information  and  equal  access to 
policies, programmes  and services;  2) application of gender mainstreaming and gender 
responsive  budgeting  in  the  process  of  planning,  managing  and  implementing  plans, 
projects and policies; 3) promotion of equal opportunities in human resource management 
and  the  labour  market;  4)  balanced  gender  representation  in  administrative  and 
supervisory  bodies  and  positions;  5)  balanced  gender  representation  in  each  phase  of 
formulating  and  implementing  gender  equality  policies;  6)  the  use  of  gender-sensitive 
language in order to influence the removal of gender stereotypes in the exercise of the 
rights and obligations of women and men;  7) collecting relevant data disaggregated by 
gender and submitting them to the competent institutions. Article 11 defines the types of 
special  measures  as:  1)  measures  that  are  determined  and  implemented  in  cases  of 
significantly  unbalanced  gender  representation;  2)  incentive  measures,  which  provide 
special benefits or introduce special incentives in order to improve the position and ensure 
equal opportunities for women and men in all areas of social life; and 3) special measures, 
as part of programmes for achieving and improving gender equality. 

Finally, the Labour  Law provides in Article 22(2) that provisions  of the law, general act 
(Labour rulebook or collective agreement) and employment contracts relating to special 
protection and assistance to specific categories of employees, such as women on maternity 
leave and childcare leave and special childcare, do not constitute discrimination. 

3.6.2  Conceptual  distinctions  between  ‘equal  opportunities’  and  ‘positive  action’  in 

national law 

The GEA makes a distinction between 'equal opportunities' and 'positive action.' The first 
concept 'equal opportunities' has been defined in Article 6(4), which says:  

‘Equal opportunities include the equal exercise of rights and freedoms of women and 
men, their  equal treatment and equal participation in political, economic, cultural, 
and other  areas  of  social  life  and  in  all  phases  of  planning, preparation,  decision-
making,  and  equal  use  of  their  results,  without  gender  restrictions  and  gender 
discrimination.’  

In  addition,  Article  7  further  explains  that  ‘the  politics  of  equal  opportunities  include: 
1) equal participation of women and men in all phases of planning, preparation, adoption 
and implementation of decisions that affect the position of women; 2) taking into account 
the different interests, needs and priorities of women and men when adopting public and 
other policies and deciding on rights, obligations and law-based interests; and 3) taking 
measures  that  provide  an  equal  starting  point  for  achieving  the  principle  of  equal 
opportunities for persons or groups of persons who are in an unequal position based on 
gender, gender characteristics, or gender, especially members of vulnerable social groups’. 

According to Article 8, measures can be general and specific. General measures are legally 
prescribed  measures,  such  as  those  that  require  a  certain  percentage  of  the  under-
represented  sex  in  a  particular  area  of  life,  while  specific  measures  are  activities, 
measures,  criteria,  and  practices  that,  in  accordance  with  the  principle  of  equal 
opportunities, ensure equal participation and representation of women and men, especially 

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Country report - gender equality – Serbia - 2022 

members of vulnerable social groups, in all spheres of social life and equal opportunities 
for exercising rights and freedoms (Article 10(1)). 

3.6.3  Specific difficulties  

The  GEA  provides  in  Article  26  that  public  authorities  need  to  secure  a  balanced 
representation  of  the  sexes.  The  body  responsible  for  the  appointment  of  members  of 
managerial  and  supervisory  bodies  gives  consent  to  appointments,  taking  care  of  the 
balanced representation of the sexes  in the bodies. This  body is obliged to take special 
measures where there is significantly unbalanced gender representation in a governing or 
supervisory body. Exceptionally, when there are objective reasons arising from the nature 
of  work,  service  or  activity,  place  and  working  conditions,  public  authorities  will  adopt 
special measures taking into account these specifics.  

The  public  authority  is  obliged  to  establish  quantitative  and qualitative  mechanisms  for 
monitoring progress in achieving gender balance in management and supervisory bodies. 

The  body  responsible  for  the  appointment  of  members  of  managerial  and  supervisory 
bodies  also  monitors  the  progress  of  public  bodies  in  achieving  such  balanced  gender 
representation.  

In one study on citizens’ perception of discrimination in Serbia, 40 % of the respondents 
fully  supported  positive  action  in  the  area  of  employment,  while  an  additional  33 % 
partially agreed with it.65 Positive action in the area of education was acceptable for 64 % 
of  respondents  for  secondary  education  and  62  %  for  tertiary  education.  Also,  it  is 
interesting  to  note  that  lower-educated  persons  accepted  positive  action  in  greater 
numbers (48 %), than those with higher education (38 %).  

The  problem  with  affirmative  measures  is  that  public  officials  are  unaware  of  positive 
action programmes as they are not carefully planned and promoted.  The Commissioner 
for  the  Protection  of  Equality  also  concludes  that  affirmative  measures  in  the  area  of 
employment  have  produced  some  results,  but  there  is  a  need  to  carefully  assess  their 
effects. Also, their successful implementation requires constant inspection and supervision 
and  effective  judicial  protection.66  During  2021,  the  Commissioner  commented  on  the 
position of women in the labour market as it is harder for them to find and keep a job; in 
some  sectors  they  have  lower  salaries  than  men.  Thus,  the  Commissioner  submited 
initiatives to the Ministry of Labour, Employment, Veterans’ Affairs and Social Affairs and 
the National Employment Service to create special measures under an active employment 
policy  aimed  at  hard-to-employ  women.  The  initiative  states  that  measures  could  be 
created under the policy that are exclusively aimed at women, especially those living in 
less developed areas, rural areas, who are less educated, long-term unemployed, etc.67 
In addition, the CEDAW expressed its concern that, as a general rule, the measures taken 
are not gender-specific and target a range of vulnerable social groups. It is also concerned 
about the absence of gender-relevant statistics on the application of the temporary social 
measures  and  the  absence  of  gender-disaggregated  data  on  their  impact.  Further,  the 
CEDAW recommends  that  Serbia raise  awareness  among  relevant  government officials, 
parliamentarians, employers and the general public, especially women, of such measures 
and their impact.68 These challenges can be overcome if the provisions included in the new 
GEA are implemented effectively. 

65   Commissioner for the Protection of Equality (2016) Report on the research of public opinion, The attitude of 
citizens towards discrimination in the Republic of Serbia (Izveštaj o istraživanju javnog mnjenja Odnos 
građana i građanki prema diskriminaciji u Srbiji), Belgrade. 

66   The Commissioner for the Protection of Equality (2019), Particular Report in the area of Work and 

Employment (Poseban izveštaj u oblasti rada i zapošljavanja), 88. 

67   Commissioner for the Protection of Equality (2022), Regular Annual Report for 2021, 140. 
68   CEDAW, Concluding observations on the fourth periodic report of Serbia, 14 March 2019, 6. 

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3.6.4  Measures to improve the gender balance on company boards 

Article  30  of  the  GEA  imposes  a  duty  on  public  authorities  to  ensure  balanced  gender 
representation in the management and supervisory bodies of the employer, as well as in 
senior positions in these bodies, taking into account the specifics arising from the nature 
of work, service or activity, place and working conditions of prescribed criteria for selection 
and  appointment,  and  other  objective  reasons,  in  accordance  with  the  law.  The  body 
responsible for appointing management and supervisory bodies has oversight of achieving 
balanced gender representation. This body is obliged to take special measures in the event 
that there is a significantly unbalanced gender representation in these bodies. However, 
this duty applies only to public authorities, and there are no reports on whether this duty 
has been carried out in practice.  

On  the other  hand,  the  LPD  prohibits  discrimination based on sex  and  the  structure of 
company boards can be challenged under this Law. However, the Gender Equality Index 
in the Republic of Serbia shows that women are still under-represented on the boards of 
the largest quoted companies, as well as at the Central Bank, although Serbia performs 
slightly better in this respect than the EU average.69  In  addition, data suggest that the 
share of women on the boards of the largest quoted companies has slightly increased from 
17.3 % in 2014 to 19.3 % in 2016, but decreased to 19 % in 2018.70 However, the share 
of  women  among  the  members  of  the  Executive  Board  of  the  National  Bank  of  Serbia 
dropped from 31 % in 2014 to 27.6 % in 201671  and  25.9 % in 2018,  according to the 
2021 Gender Equality Index. 

However, it must be taken into account that there are no women coming from vulnerable 
groups  represented  on  the  boards.  Therefore,  the  Committee  on  the  Elimination  of 
Discrimination against Women recommends Serbia to accelerate equal representation of 
Roma women and women with disabilities in all areas of political and public life.72  

When  it  comes  to  the  boards  of  broadcasting  organisations,  the  share  of  women  was 
extremely low. In 2014, women represented 11.1 % of board members, but in 2016 this 
ratio significantly changed, when women constituted one third of board members (28 %). 
This trend continued in 2018  when  36 %  of board members were women. According to 
the data on the basis of which the indicator of participation of women  on the boards of 
research funding organisations was calculated, in 2014 and in 2016 there were no women, 
and in 2018 their share increased to 20 %. In 2014 and 2016, among the members of the 
highest decision-making bodies of national Olympic sports organisations in women made 
up only 3.8 %, although in 2018 that increased to 4.0 %.73 

3.6.5  Positive action measures to improve the gender balance in other fields 

The State introduced  positive action measures also in the field of education, healthcare 
and  housing.  In  recent  years,  some  progress  was  achieved  in  relation  to  academic 
achievement, truancy and the dropout rate among Roma girls.  

69   Government of the Republic of Serbia, Gender Equality Index 2016, Coordination Body for Gender Equality 

of the Government of the Republic of Serbia, the Social Inclusion and Poverty Reduction Unit of the 
Government of the Republic of Serbia and the Statistical Office of the Republic of Serbia, December 2016. 

70   Babovic, M. (2021), Gender Equality Index 2021, Government of the Republic of Serbia, 42. 
71   Government of the Republic of Serbia, Gender Equality Index for the Republic of Serbia, Measuring Gender 
Equality in the Republic of Serbia 2016, Coordination Body for Gender Equality of the Government of the 
Republic of Serbia, the Social Inclusion and Poverty Reduction Unit of the Government of the Republic of 
Serbia and the Statistical Office of the Republic of Serbia, December 2018, 45, 
http://socijalnoukljucivanje.gov.rs/wp-
content/uploads/2018/12/Indeks_rodne_ravnopravnosti_u_Republici_Srbiji_2018_eng.pdf. 
72   CEDAW, Concluding observations on the fourth periodic report of Serbia, 14 March 2019, 10. 
73   Gender Equality Index for the Republic of Serbia, Measuring Gender Equality in the Republic of Serbia 2016, 

45; Babovic, M. (2021) Gender Equality Index 2021, Government of the Republic of Serbia, 42. 

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In Serbia, the 2002 Law on Local Elections for the first time introduced positive measures 
for  women,  stipulating  that  they  have  to  be  included  in  each  electoral  list  for  local 
elections.74 Article 20(3) prescribes that one in every four candidates on the list must be 
a candidate of the under-represented sex, while the total number of the less-represented 
sex on the list cannot be less than 30 %. It was an amendment of 2007 which prescribed 
that at least 30 % of candidates from the under-represented sex must be on the list.75 In 
2004,  the  Law  on  Election  of  MPs  was  amended,  introducing  the  same  provision.76 
However,  this  provision  did  not  impose  an  obligation  to  actually  adhere  to  it  and,  in 
practice,  it  did  not  secure  30  %  of  the  under-represented  gender’s  representation  in 
Parliament.77 According to the amendments to the Law regarding the election of MPs since 
2011,  it  is  stipulated  that  in  the  list  of  each  party,  every  third  candidate  must  be  a 
representative of the under-represented sex, and this rule for the first time secured 33 % 
of  women  in  the  Serbian  Parliament.78  In  2020,  these  laws  were  further  amended 
introducing a quota of 40 % for women at the republic and local level.79 

Currently, there are 99 female MPs (out of 250, or 40 %), which is more than one third of 
the total. The average percentage of women among MPs of the National Assembly of Serbia 
was 33.7 % in 2014, 34.4 % in 2016, and 37.3 % in 2019.80 The president of the Assembly 
is male, and there are two female vice-presidents compared to four male vice-presidents.  

Women are almost equally represented in the executive branch. The average participation 
of  women  in  the  Government  of  the  Republic  of  Serbia  (among  ministers)  in  the  2014 
index (the average for the period 2013-2015) was 21 % and in 2016 (the average for the 
period 2015-2017) it  was 22.5 %,  while in 2018  it was  23.1 %.81  The  previous  Serbian 
Government was formed on 29 June 2017, having 4 female Ministers (out of 21 Ministers), 
one of them  being  a  Deputy  Prime  Minister  and  President  of the  Coordination  Body  for 
Gender Equality. However, for  the first time, a woman was appointed Prime Minister of 
Serbia. Therefore, in the Global Gender Gap report, it was  found that Serbia had made 
progress on closing its gender gap in ministerial representation.82 However, the situation 
is much better after the constitution of the latest Government on 28 October 2020, and it 
is almost 50 % women (11 out of 24). 

Nevertheless, the situation differs at a local level, but it is improving. The average share 
of  women  among  the  representatives  in  local  assemblies  in  2014  (the  average  for  the 
period 2013-2015) was 18.7 %, in 2016 (the average for the period 2015-2017) it was 
30.3  %,  with  the  turning  point  in  2016,  when  the  share  of  women  among  the 
representatives of local assemblies increased from 19 % to 36 % after the local elections; 
in 2018, the share of women was 35.6 %.83 This improvement is very important, especially 

74   The Law on Local Elections, Official Gazette of the Republic of Serbia, No. 33/02.  
75   Amendments to the Law on Local Elections, Official Gazette of the Republic of Serbia, No. 129/07.  
76   The Law on Election of MPs, Official Gazette of the Republic of Serbia, Nos 35/2000, 57/2003 -the 

Constitutional Court decision, 72/2003, 75/2003, 18/2004, 101/2005, 85/2005, 104/2009, 28/2011 -the 
Constitutional Court decision, and 36/2011. 

77   According to the amendments to the Law on the Election of MPs and the Law on Local Elections from 16 

February 2020, the census was raised to 40 %. 

78   Article 40(a), The Law on the Election of MPs, The Official Gazette of the Republic of Serbia, 35/2000, 

57/2003 - decision CCRS, 72/2003, 75/2003, 18/2004, 101/2005, 85/2005, 104/2009, 28/2011 - decision 
CC, 36/2011. See also the Law on Local Elections, The Official Gazette of the Republic of Serbia, 129/07, 
34/10−CC, 54/1; Autonomous Parliamentary Decision on the Election of MPs in the Parliament of the 
Autonomous Province of Vojvodina, The Official Gazette of the AP Vojvodina, 23/14. 

79   Amendments to the Law on the Election of MPs, The Official Gazette of the Republic of Serbia, 12/2020; 
Amendments to the Law on Local Elections, The Official Gazette of the Republic of Serbia, 12/2020. 

80   Gender Equality Index for the Republic of Serbia, Measuring Gender Equality in the Republic of Serbia 2016, 

45. 

81   Gender Equality Index for the Republic of Serbia, Measuring Gender Equality in the Republic of Serbia 2016, 

45; Babovic, M. (2021), Gender Equality Index 2021, Government of the Republic of Serbia, 41. 

82   The Global Gender Gap Report 2017, World Economic Forum, November 2017, 18, 

http://www3.weforum.org/docs/WEF_GGGR_2017.pdf. 

83   Gender Equality Index for the Republic of Serbia, Measuring Gender Equality in the Republic of Serbia 2016, 

45; Babovic, M. (2021), Gender Equality Index 2021, Government of the Republic of Serbia, 41. 

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in the light of the one research study conducted by the Commissioner on the position of 
women in municipalities, which found that out of 169 municipalities, women are presidents 
in only 12 (7.1 %).84 However, only 6 % of mayors in Serbia are women.85 In 2019, the 
number  of  women  presidents  in  municipalities  and  women  mayors  was  7.6 %  (out  of 
158 municipalities).86 That number increased, but it is particularly important to underline 
that  women  from  multiple  marginalised  groups  are  not  represented  at  all  in  decision-
making processes.87 

3.7  Harassment and sexual harassment 

3.7.1  Definition and explicit prohibition of harassment 

According  to  the  LPD,  harassment  is  explicitly  prohibited  and  constitutes  a  form  of 
discrimination.  However,  it  is  not  defined,  as  Article  12  combines  a  prohibition  of 
harassment and humiliating treatment which is confusing. Thus, it says that:  

‘Harassment  and  humiliating  treatment,  and  sexual  and  gender  harassment  are 
prohibited, aiming at or constituting a violation of dignity of an individual or a group 
of persons, on the basis of his/her or their  personal characteristics,  especially if it 
induces fear or creates a hostile, humiliating or offensive environment.’  

In other words, this Article defines humiliating treatment and is confusing as humiliating 
treatment is a possible element of harassment.  

However, harassment is defined in Article 16(13) of the GEA as ‘any unwanted behaviour 
committed with a purpose or or effect of violating a person’s dignity, and of creating a fear 
or a hostile, degrading, humiliating or offensive environment that is based on sex’. This 
definition  complies  with  the EU  definition found  in Article 2(1)(c) of  Directive 2006/54. 
However, the wording of the previous definition in Article 10(6) of the GEA also included 
‘any unwanted verbal, non-verbal or physical act’ as harassment. It would be preferable 
if the new definition included it, too. 

The  Labour  Law  prohibits  harassment  in  Article  21.  Harassment  is  defined  as  any 
unbecoming conduct ‘aiming at or amounting to the violation of dignity of a person seeking 
employment, as well as of an employed person, and which causes fear or creates a hostile, 
degrading or offensive environment’ (Article 21(2)).  

In  one  case,  the  Commissioner  found  that  a  statement  of  the  director  of  the  tourist 
organisation  was  humiliating,  particularly  to  Hungarian  women.  He  stated  that  ‘the 
Hungarian  language  is  best  learned  by  sleeping  with  a  Hungarian  woman’.  The 
controversial statement was given during the live broadcasting of the visit of the President 
of the Republic of Serbia to his firm. His defence was that by using the verb ‘to sleep’, he 
did not allude to a sexual act, but to  ‘being with a Hungarian’,  and  considering  that his 
statement did not contain offensive content, it could not violate the dignity of women. The 
Commissioner  disagreed  and  recommended  the  director  not to make  statements  in the 
future that insult the dignity of women and perpetuate gender stereotypes.88 

84   Rodna ravnopravnost u jedinicama lokalne samouprave (Gender Equality in Local Self-Government Units), 

Commissioner for the Protection of Equality, Belgrade, November 2017, 7, 
http://ravnopravnost.gov.rs/rs/rodna-ravnopravnost-u-jedinicama-lokalne-samouprave-presek-stanja-u-
sprovodenju-preporuke-mera-jedinicama-lokalne-samouprave-za-ostvarivanje-rodne-ravnopravnosti/.  

85   OSCE-led survey on Violence against Women, Well-being and Safety of Women, OSCE 2019, 13, 

https://www.osce.org/secretariat/413237?download=true.  

86   Belgrade Centre for Human Rights (2020), Ljudska prava u Srbiji u 2018 (Human Rights in Serbia in 2018), 

Belgrade, 318. 

87   Beker, K., Janjić, B., Lepojević, V. (2020), Prava žena i rodna ravnopravnost u 2019. godini: nulti izveštaj 

(The Rights of Women and Gender Equality in 2019: zero report) FemPlatz, Belgrade, 34. 
88   Commissioner for the Protection of Equality (Poverenik za zaštitu ravnopravnosti), complaint 

no. 07-00-200/2019-02, opinion of 17 June 2019.  

23 

 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

The  Commissioner  also  finds  that  refugees, internally  displaced  persons,  migrants,  and 
asylum  seekers  are  very  often  exposed  to  different  forms  of  harassment,  as  well  as 
children with disability in institutions,  and  women.89  It is  especially visible in  the  public 
sphere and in the media.90 

3.7.2  Scope of the prohibition of harassment 

Article 12 of the LPD does not restrict its application only to the sphere of employment, 
and  although  not  expressly  mentioned,  includes  access  to  goods  and  services.  Also, 
Article 6(13)  of the GEA  defines  harassment  without  relating  it  to  the  context of  work. 
However, an additional provision (Article 32) of the GEA relates to harassment in the area 
of employment, as the most common area in which harassment occurs, and stipulates that 
it has a broad application, as it applies not only in the workplace but also in the phase of 
seeking  a  job,  professional  development,  and  advancement.  Finally,  the  Labour  Law 
restricts its application to the area of employment. 

3.7.3  Definition and explicit prohibition of sexual harassment 

Sexual harassment is explicitly prohibited in the GEA, and defined as:  

‘any unwanted verbal, non-verbal or physical act of a sexual nature, committed with 
the aim or with the effect of violating personal dignity, establishment of intimidating, 
hostile,  humiliating,  degrading  or  offensive  environment,  which  is  based  on  sex’ 
(Article 6(15)). 

The same definition is included in Article 12(2) of the LPD. 

This definition complies with the EU definition in Article 2(1)(d) of Directive 2006/54.  

Furthermore, the GEA contains a definition of sexual blackmail, which means:  

‘any conduct of the person who, with the intention of committing or not committing 
an act of a sexual nature, blackmails another person stating that in the event that 
he/she refuses to  do what is requested, that person will reveal something against 
such  person  or  against  someone  close  to  such  person  that  may  harm  her  or  his 
honour or reputation.’ (Article 6(16)).  

Also, the Labour  Law contains  a definition in Article 21(3), where sexual harassment is 
defined as:  

‘any verbal, non-verbal or physical behaviour aiming at or amounting to the violation 
of the dignity of a person seeking employment, as well as an employed person, in 
the sphere of sexual life, and which causes fear or creates a hostile, degrading or 
offensive environment.’  

This definition of sexual harassment is more in line with the definition in EU law.  

3.7.4  Scope of the prohibition of sexual harassment 

While  the  Labour  Law  restricts  the  application  of  sexual  harassment  to  the  area  of 
employment, the new GEA does not include such a restriction, as defined in Article 6(13). 
However, Article 32 applies only in the area of workforce, but the whole section deals with 
this  area of law, where discrimination and sexual harassment occur  more often than in 
some other areas of public life. The LPD also does not have a limitation to the labour force 
in Article 12(2). 

89   Commissioner for the Protection of Equality (2022) Regular Annual Report for 2021, 17, 181, 189. 
90   Commissioner for the Protection of Equality (2022) Regular Annual Report for 2021, 22. 

24 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

The  Commissioner  finds  that  women  are  often  exposed  to  sexual  harassment  in  the 
workforce  and  demands  that  labour  inspectors  need  to  intensify  their  work  in  order  to 
identify all these situations and sanction the employers.91  

3.7.5  Understanding of (sexual) harassment as discrimination 

The new GEA specifies that harassment and sexual harassment amount to discrimination.  

It says:  

‘Discrimination  based  on  sex,  gender  characteristics,  and  gender,  includes 
harassment, degrading treatment, threats and conditioning, sexual harassment and 
sexual  blackmail,  gender-based hate  speech, gender-based  violence,  sex,  gender, 
sexual characteristics, or change of sex, violence against women, unequal treatment 
on the basis of pregnancy, maternity leave, childcare leave, special childcare leave 
in  the  capacity  of  paternity  and  maternity  (parenthood),  adoption,  foster  care, 
guardianship and incitement to discrimination as well as any unfavorable treatment 
a person has for refusing or suffering such behaviour.’ (Article 4(5)). 

In addition, the LPD explicitly stipulates  that sexual and gender discrimination are 
forms of discrimination in Article 5(1). 

3.7.6  Specific difficulties  

The main difficulty in relation to prevention and prohibition of sexual harassment is a lack 
of  measures  to  address  sexual  harassment  in  employment,  specifically  with  regard  to 
young  women  and 
including  a 
disproportionately low number of convictions for sexual harassment, that adversely affects 
women’s  possibilities  for  employment  and  promotion.  Therefore,  the  CEDAW  is 
recommending to Serbia the following: 

lesbian,  bisexual  and 

transgender  women, 

- 

- 

- 

- 

to undertake a comprehensive survey to assess the prevalence of sexual harassment 
at the workplace; 
to  encourage  reporting  of  sexual  harassment  at  the  workplace  and  raise  public 
awareness about its discriminatory nature, negative impact on women’s employment 
and possible sanctions; 
to  strengthen  the  mechanism  to  effectively  address  cases  of  sexual  harassment, 
including in court; and 
to collect disaggregated statistics on the number and nature of complaints of sexual 
harassment at the workplace, in the public and private sectors.92  

3.8  Instruction to discriminate 

3.8.1  Explicit prohibition 

In Serbia, instruction to discriminate is  explicitly prohibited. The amendment to the LPD 
included  Article  5(3),  which  stipulates  that  an  instruction  to  discriminate  is  a  form  of 
discrimination.  It  occurs  if  a  person  or  group  of  persons  is  discriminated  against  by  a 
person  or  body  giving  instructions  on  how  to  take  discriminatory  actions  or  by  inciting 
discrimination in another similar way. 

The new GEA in Article 6(14) prescribes that incitement to discrimination on the grounds 
of sex or gender is to give instructions on the manner of undertaking discriminatory actions 

91   Commissioner for the Protection of Equality (2022) Regular Annual Report for 2021, 23. 
92   Committee on the Elimination of Discrimination against Women, Concluding Observations on the fourth 

periodic report of Serbia, 14 March 2019, p. 11.  

25 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

and  incitement  to  discrimination  on  the  grounds  of  sex  or  gender,  in  another  similar 
manner. 

3.8.2  Specific difficulties 

Instruction  to  discriminate  was  not  recognised  as  a  special  form  of  discrimination  in 
Serbian anti-discrimination legislation. This problem has been overcome in 2021 with new 
legislation, but it remains to be seen how it will be recognised and sanctioned in practice. 

3.9  Other forms of discrimination 

Discrimination by association and assumed discrimination are prohibited in Serbian  law. 
The  LPD  in  Article  2(1)  prohibits  discrimination  based  on  presumed  personal 
characteristics.  

The  LPD  also  prohibits  discrimination  based on  association  with  persons  with  particular 
characteristics in Article 2(1). However, its application is limited to ‘family members’ and 
persons close to those being discriminated against. 

However,  the  GEA  does  not  explicitly  cover  assumed  discrimination,  but  covers 
discrimination by association (Article 4(1)). 

Algorithmic  discrimination  is  not  expressly  prohibited  by  either  the  GEA  or  the  LPD. 
However,  this  issue  deserves  special  attention.  Thus,  in  2019,  the  Strategy  for  the 
Development of Artificial Intelligence was adopted for the period 2020 to 2025 with the 
goal of developing artificial intelligence in Serbia, while respecting human rights. One of 
the stipulated measures seeks to provide protection from discrimination in the application 
of artificial intelligence, as  a risk was identified that the  automation  of decision-making 
may  mean  that  decisions  are  made on the  basis  of  discriminatory criteria.93  The Action 
Plan  for  2020-2022  was  adopted  in  June  2020,  and  one  of  the  goals  stipulated  in  this 
operational document is an ethical and safe application of artificial intelligence.94 Protection 
from  discrimination  is  also  addressed  as  a  special  measure  which  contains  two  goals: 
1) development  of  guidelines  in  accordance  with  the  code  of  ethics  with  the  aim  of 
eliminating  discrimination  in  the  development  of  software  solutions  based  on  artificial 
intelligence;  and  2)  publishing  data  on  the  basis  of  which  the  application  of  artificial 
intelligence  creates  public  policies  in  order  to  ensure  transparency  and  prevent 
discrimination in the work of public administration.  

3.10 Evaluation of implementation 

The  Serbian  law  that  implements  the  EU  law  concepts  discussed  in  this  chapter  are 
satisfactory. The legal framework has been improved and now explicitly covers harassment 
and sexual harassment within the workforce, the definition of indirect discrimination has 
been aligned with the EU acquis, instruction to discriminate has been recognised as a form 
of  discrimination,  and  the  new  GEA  explicitly  covers  discrimination  by  association. 
However, it still does not explicitly cover assumed discrimination.  It remains to be seen 
how these new provisions will be implemented in practice. 

93   Strategy for the Development of Artificial Intelligence in Serbia for 2020 to 2025 (Strategija za razvoj 

veštačke inteligencije u Republici Srbiji za period 2020-2025), Official Gazette of the Republic of Serbia, 
73/2019.  

94   Action Plan for 2020 to 2022 for the implementation of the Strategy of Artificial Intelligence in Serbia for 

2020 to 2025 (Akcioni plan za period 2020-2022. godine za primenu Strategije razvoja vetačke inteligencije 
u Republici Srbiji za period 2020-2025. godine), Official Gazette of the Republic of Serbia, 81/2020. 

26 

 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

3.11 Remaining issues 

Serbian anti-discrimination law also recognises some other forms of discrimination, such 
as violation of the principle of equal rights and obligations, association for the purpose of 
exercising discrimination, and hate speech.  

Violation of the principle of equal rights and obligations is prohibited in Article 8 of the LPD 
as:  

‘A violation of the principle of equal rights and obligations shall occur if an individual 
or  a  group  of  persons,  on  account  of  his/her  or  their  personal  characteristics,  is 
unwarrantedly denied rights  and freedoms or has  obligations imposed that, in the 
same or a similar  situation, are not denied to or imposed upon another person or 
group of persons, if the objective or the consequence of the measures undertaken is 
unjustified, and if the measures undertaken are not commensurate with the objective 
achieved through them.’ 

Association for the purpose of exercising discrimination is prohibited in Article 10 as  an 
association:  

‘for the purpose of exercising discrimination; that is, this Law prohibits activities of 
organisations or groups that are aimed at violating freedoms and rights guaranteed 
by the Constitution, rules of international law and the law, or at inciting nationally, 
racially, religiously or otherwise motivated hatred, divisions or enmity.’  

Finally, Article 11 forbids to:  

‘express ideas, information and opinions inciting discrimination, hatred or violence 
against an individual or a group of persons on account of his/her or their personal 
characteristics,  in  public  organs  and  other  publications,  in  gatherings  and  places 
accessible to the public, by writing out and displaying messages or symbols, and in 
other ways.’ 

These forms of discrimination are not recognised in the GEA, but as the LPD is the general 
anti-discrimination law, they also apply to gender discrimination. In addition, the new GEA 
recognises victimisation as a special form of discrimination (Article 4(5)). 

27 

 
 
 
 
  
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

4 

Equal  pay  and  equal  treatment  at  work  (Article  157  of  the  Treaty  on  the 
Functioning of the European Union (TFEU) and Recast Directive 2006/54) 

4.1  General (legal) context 

4.1.1  Surveys on the gender pay gap and the difficulties of realising equal pay 

There are some surveys on the gender pay gap in Serbia. 

Under the Gender Pay Gap analyses done in 2013 for Serbia, Macedonia and Montenegro, 
it was found that, on average, women have lower wages than men.95 In Serbia the gap is 
at  8.8 %.96  However,  the  true  gap  is  higher  and  when  personal  labour  market 
characteristics are taken into account, the gap in Serbia rises to 11 %.  

In 2014, the data of the Statistical Office of the Republic of Serbia, published in the book 
‘Women  and  Men  in  Serbia  2014’,  very  illustratively  shows  that  women,  in  almost  all 
sectors, are paid less than men for the same work. The biggest difference is in the financial 
sector  and  insurance  activities  where  the  salary  of  women,  for  the  same  position,  is 
RSD 91 144  (EUR  765),  while  the  salary  of  men  is  RSD  120 518  (EUR  1  010).  It  is 
paradoxical  that  even  in  the  healthcare  and  social  protection  sectors,  where  women 
represent  most of  the employees, the  salary of  a  woman  is  approximately  RSD 15 463 
(EUR 130) lower than the earnings of men. In the wholesale trade and retail trade sector 
the pay gap is about RSD 20 000 (EUR 170)– against women.97 

The  results  of  the  study  ‘The  Pay  Gap  between  Women  and  Men’,  conducted  in  2015, 
shows  that  employed  women  in  Serbia  earn  11  %  less  than  men.  By  comparing  the 
earnings of women and men of the same education, work experience and vocations, the 
authors of this study concluded that women in Serbia would have to work an additional 
40 days  a  year  in  order  to  earn  as  much  as  men  with  the  same  characteristics  on  the 
labour market.98 

Also, in one analysis it was highlighted that there is a lack of mechanisms for respecting 
the principle of equal pay, as human resources of the Labour Inspectorate are scarce, its 
control of the respect of the labour laws is weak, so violations of labour rights and gender 
equality  are  frequent.99  Also,  during  the  trainings  with  labour  inspectorates,  they  very 
often claim that the  gender pay gap does not exist in Serbia. However,  the  majority of 
students  at  Belgrade  University,  in  one  questionnaire,  respondents  believe  that  gender 
pay exists in Serbia (54.6 % male students and 45.4 % female students).100 Also, some 
organisations claim that the gender pay gap is rising and is not the subject of any policy 
in Serbia.101 

The final report on the evaluation of the Action Plan for Gender Equality Strategy shows 
that the gender pay gap is 8.7 %.102 

95   Gender Pay Gap in the Western Balkans Countries: Evidence from Serbia, Montenegro and Macedonia, 

FREN, Policy Brief, 2013, http://ebooks.ien.bg.ac.rs/579/. 

96   Women and Men in the Republic of Serbia 2020, the Statistical Office of the Republic of Serbia, Belgrade, 

2020, 92.  

97   Women and Men in Serbia 2014, the Statistical Office of the Republic of Serbia, Belgrade, 2014. 
98   The pay gap between women and men, Foundation for the Advancement of Economics, Belgrade, 2015.  
99   Dokmanović, М. (2016), Gender Analysis for Serbia, IPA - NEAR, 21. 
100  Stavovi studenata Univerziteta u Beogradu o rodnoj ravnopravnosti u Republici Srbiji, (Attitudes of students 
of the Belgrade University on gender equality in the Republic of Serbia), Centre for international public 
policy, Belgrade, 2019, p. 19 available at http://cmjp.rs/wp-content/uploads/2019/01/Izveštaj.pdf.  

101  Shadow report to the CEDAW regarding the fourth reporting cycle of Serbia, Priorities and 

Recommendations for the Elimination of Discrimination against Women in Serbia, SOS Vojvodina Network, 
2019, https://udruzenjeromanb.org.rs/images/vesti/2019/CEDAW-Shadow-Report-SOSV-Network-
2019.pdf.  

102  Finalni izveštaj evaluacije Akcionog plana za sprovođenje Nacionalne strategije za rodnu ravnopravnost 

Republike Srbije (Final report on the evaluation of the Action plan for the implementation of the National 
Strategy for Gender Equality in the Republic of Serbia), SeConS, 2019, 31. 

28 

 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

The Committee on the Elimination of Discrimination Against Women underlines that there 
is a persistent gender pay gap and vertical and horizontal occupational segregation in the 
labour  market,  and invites  Serbia  to  ensure  that  the  principle of equal  pay  for  work of 
equal value is implemented, including by regularly reviewing wages in traditionally female 
and male sectors, with a view to closing the gender pay gap.103 

According to the 2021 Gender Equality Index, the gender pay gap is 8.8 %.104 Of particular 
concern is the finding that women in ICT occupations earn 9.1 % less than men in Serbia. 
There is  also gender segregation in ICT education as only 28.6 % of ICT  graduates  are 
women  and, in the  sector,  women  account  for only  21.6 %  of  the  labour  market.  Data 
from  the  Gender  Equality  Strategy  demonstrates  that  the  gender  pay  gap  is  higher  in 
relation to women with low levels of education among active women and women aged 30 
to  49  years.105  The  gap  is  also  significant  among  the  active  population  in the  following 
professions:  craftsmen,  engineers,  professional  associates  and  technicians,  and 
consultants and artists. 

The Gender Equality Strategy for 2021 to 2030 sets out measures to contribute to reducing 
the  gender  pay  gap,  and  include:  amendments  to  relevant  legislation;  research  and 
analysis  by  economic  sector  and  occupation,  on  the  causes  of  the  pay  gap;  and 
recommendations for reducing the pay gap through working with employers in the public 
and private sectors, information and education campaigns and awareness-raising activities 
among  employers  and  employees,  and  activities  that  recognise  examples  of  good 
practice.106 

4.1.2  Surveys on the difficulties of realising equal treatment at work 

In the labour market, women of the same characteristics as men have an equal chance of 
employment. However, women face difficulties in entering the labour market.  

Gender inequalities in the labour market remain very pronounced.107 The employment rate 
of  women  is  41.3  %,  which  is  14.2  %  less  than  the  male  employment  rate  (56.5 %). 
Women are more absent from work due to illness, injury, or some other reason (44.8 % 
compared to 24 % of men). People who work part time due to family reasons are 63.5 % 
women compared to 36.5 % of men, and people who work part time due to caring for a 
child  or  adult  with  disabilities  are  97.9 %  of  women  compared  to  2.1 %  of  men.  Also, 
90.4 % of women in a position of having to care for a child or adult with disability do not 
even  seek  a  job  due  to  these  reasons.  Moreover,  the  employment  was  terminated  for 
35.9 % women by their employers compared to 24.2 % of men due to family and personal 
reasons, and due to  taking care of children and adults  (10.8 % of women compared to 
0.7 % of men). Self-employment is also higher among men than among women, although 
they are more engaged in services and trade, and the sector of art and consultancy.  

According to the Gender Equality Index, the domain of work in 2018 amounted to 69.4, 
an improvement of 1.2 points compared to 2016.108 The figures on the duration of working 
life  show  consistent  positive  trends,  with  a  simultaneous  increase  in  duration  for  both 
women and men, and a small but steady decrease in the gender  gap. The gap remains 
regarding the fexibility of working hours and career prospects.  

103  CEDAW (2019), Concluding observations on the fourth periodic report of Serbia, 14 March 2019, 10. Serbia, 

Commissioner for the Protection of Equality (Poverenik za zaštitu ravnopravnosti), complaint 
no. 07-00-200/2019-02, opinion of 17 June 2019, 13. 

104  Babovic, M. (2021) Gender Equality Index 2021, Government of the Republic of Serbia, 13. 
105  Gender Equality Strategy, 31. 
106  Gender Equality Strategy, 122. 
107  Statistical Office of the Republic of Serbia (2021) Labour Force Survey in the Republic of Serbia, Belgrade, 

2020, https://publikacije.stat.gov.rs/G2022/Pdf/G20225682.pdf. 

108  Babovic, M. (2021) Gender Equality Index 2021, Government of the Republic of Serbia, 25. 

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Country report - gender equality – Serbia - 2022 

Women’s inactivity reflects unpaid work in the household; inadequate support to women 
in  reconciling  work  and  family  responsibilities;  employers’  discriminatory  treatment  of 
young  women;  the  existing  wage  gap;  lower  statutory  retirement  age;  as  well  as  the 
existence of a statutory minimum social insurance contributions base, which discourages 
formal  part-time  work,  an  option  more  commonly  used  by  women  with  family 
responsibilities in other countries.109 However, there is a very high poverty rate of part-
time workers in Serbia.110 

Bearing  all  this  in  mind,  the  State  needs  to  create  more  opportunities  for  women, 
particularly for young women, Roma women, women with disabilities and rural women. It 
should  also  enhance  women's  access  to  employment,  especially  in  higher-paying  and 
male-dominated sectors, and introduce incentives for public and private sector employers 
to recruit women.111 

4.1.3  Other issues 

The Commissioner for the Protection of Equality highlights that legal framework prescribes 
equal pay for work of equal value, but she stresses that it is very hard to prove inequality 
in payment between men and women for work of equal value as there is non-transparency 
of wage system data and inaccessibility of information on add-ons, bonuses and rewards 
which  are crucial for  determining discrimination in this area. The Commissioner pointed 
out  that  unequal  earnings  for  the  same  work  were  the  result  of  discrimination  against 
women, and not the lack of legal framework.112  

Also, the main problem in relation to equal treatment at work for women exists due to the 
different unobserved characteristics. These could vary from the differences in female and 
male labour market behaviour  which employers perceive as less valuable. For  example, 
women may be perceived as less flexible in terms of working hours or business trips due 
to  home  and  reproductive  responsibilities,  to  other  non-measurable  effort  and  ability 
related variables, as well as labour market frictions.  These elements need to be further 
investigated and elaborated.113  

Concerning the realisation of equal treatment at work, it is important to have regular and 
public  reporting  on  discriminatory  employer  practices  and  measures  taken,  regular 
evaluation of active employment measures from the perspective of its effects on gender 
segregation  by  sectors,  occupations  and  decision-making  positions,  and  evaluation  of 
active  employment  measures  from  the  perspective  of  effectiveness  in  increasing  the 
quality of (formal) employment of women.114 

4.1.4  Political and societal debate and pending legislative proposals 

The  National  Strategy  for  Gender  Equality  2016-2020  highlights  the  need  to  establish 
functional mechanisms for gender equality at all levels, to include a gender perspective in 
all strategic documents, to have a gender analysis of policies, programmes and measures, 
and to introduce gender-sensitive statistics and records. In 2021, the new Employment 
Strategy for 2021-2026 was adopted, together with the action plan for its implementation 

109  Petrušić, Н., Beker, К. (2018) Equality in Practice in Serbia, Implementing Serbia's Equality Laws, Equal 

Rights Trust, 56. 

110  Access to social protection for people working on non-standard contracts and as self-employed in Europe, A 

study of national policies, 2017, 25.  

111  CEDAW, Concluding observations on the fourth periodic report of Serbia, 14 March 2019, 13. 
112  The Commissioner for the Protection of Equality, Regular Annual Report for 2018, 182-133. 
113  Gender Pay Gap in the Western Balkans Countries: Evidence from Serbia, Montenegro and Macedonia, 

FREN, Policy Brief, 2013.  

114  Shadow report to the CEDAW regarding the fourth reporting cycle of Serbia, Priorities and 

Recommendations for the Elimination of Discrimination against Women in Serbia, SOS Vojvodina Network, 
2019, 8. 

30 

 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

for 2021-2023.115 The strategy takes a multisectoral approach, in order to achieve better 
results  through  coordination  with  other  relevant  policies,  such  as  education,  taxation, 
social politics, etc. The overall goal of this strategy is to establish stable and sustainable 
employment  growth  based  on  knowledge  and  decent  work,  and  monitoring  through 
gender-sensitive  employment  indicators.  Furthermore,  the  strategy  has  three  specific 
objectives: 1) achieving growth in quality employment through cross-sectoral measures 
aimed  at  improving  labour  supply  and  demand  for  labour,  2)  improving  the  status  of 
unemployed persons in the labour market, and 3) improving the institutional framework 
for employment policy. 

The  new  GEA  better  reflects  these  goals  as  it  requires  that  public  institutions  and 
employers have information and statistical data disaggregated by sex and age in all areas, 
including  the  labour  force  (Article  12).  Types  of  planning  for  which  such  information  is 
stipulated in the GEA are: 1) the National Strategy for Gender Equality; 2) the action plan 
for the implementation of the National Strategy for Gender Equality; 3) action plan of the 
territorial  autonomy  unit  and  the  local  self-government  unit;  4)  plans  or  work 
programmes, i.e. operations of public authorities and employers, which must also contain 
a  section  on  gender  equality,  in  public  authorities  and  employers;  and  5)  a  risk 
management plan for violations of the principle of gender equality. 

In 2016, the Law on the salary system in the public sector was adopted, introducing the 
principle  of  equal  pay  for  equal  work  for  all  public  sector  employees.116  However,  its 
implementation was postponed first to 1 January 2021, and later on to 1 January 2025. 
There was no official explanation of the reasons for the postponement, but some argued 
that some ministries need more time to prepare a full analysis of the effects of the law.117 

4.2  Equal pay 

4.2.1  Implementation in national law 

The principle of equal pay for equal work or work of equal value has been implemented in 
national legislation. The Labour Law stipulates in Article 104(2) that employees shall be 
guaranteed equal earnings for the same work or work of equal value performed with an 
employer.  It  defines  work  of  the  same  value  as  work  requiring  the  same  professional 
qualification  level,  the  same  work  abilities,  responsibility  and  physical  and  intellectual 
effort  (Article  16(3)).  However,  payment  based  on  physical  effort  can  be  indirectly 
discriminatory for women. The ECJ stated in the Rummier case that:  

‘the  failure  to  take  into  consideration  values  corresponding  to  the  average 
performance of female workers in establishing a progressive pay scale based on the 
degree of muscle demand and muscular effort may indeed have the effect of placing 
women workers, who cannot take jobs which are beyond their physical strength, at 
a disadvantage.’118 

Also, anti-discrimination legislation contains the principle of equal pay. Thus, Article 16(1) 
of  the  LPD  prohibits  discrimination  in  the  sphere  of  employment,  and  violation  of  the 
principle of equal opportunity in gaining employment or equal conditions for enjoying all 
rights pertaining to the sphere of employment, including equal pay for work of equal value. 
Furthermore, the GEA is even more explicit and in Article 34 guarantees the right to equal 

115  Government of the Republic of Serbia (2021) Strategija zapošljavanja u Republici Srbiji za period 2021 – 

2026 (Employment strategy for 2021 to 2026), Official Gazette, 18/2021, 36/2021.first.  

116  Law on the salary system in the public sector (Zakon o sistemu plata zapooslenih u javnom sektoru), 

Official Gazette, Nos 8/2016, 108/2016, 113/2017, 95/2018, 86/2019, 157/2020, 123/2021.  

117  ING-PRO (2019), Zakon o sistemu platnih razreda: primena se odlaže za jul 2020. godine, ukida se zabrana 

zapošljavanja u javnom sektoru (Law on the salary system: Postponed until July 2020, public sector 
employment ban lifted), 12 June 2019, https://www.propisi.net/zakon-o-sistemu-platnih-razreda-primena-
se-odlaze-za-jul-2020-godine-ukida-se-zabrana-zaposljavanja-u-javnom-sektoru/. 

118  ECJ, Case 237/85, Gisela Rummier v. Dato – Druck GmbH, Judgment of 1 July 1986, para. 24. 

31 

 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

remuneration for  the  same  work  or  work  of  equal  value  in  accordance  with the  Labour 
Law,  for  all  employees  regardless  of  their  sex.  Thus  far,  collective  agreements  do  not 
contain the same provision and it can be concluded that this requirement does not apply 
to more than one employer.  

In Serbia there are many difficulties in relation to the application of the principle of equal 
pay for equal work and work of equal value in practice. The problem mostly lies in the fact 
that there is no transparency in this area and usually, employees do not know the salaries 
of their co-workers. Also, even if female employees are aware of inconsistencies in their 
salaries compared to male workers, they do not initiate any available proceedings. Thus, 
relevant case law is still lacking in this area. The author argues that the State needs to 
adopt  different  measures  to  tackle  this  issue,  such  as  wage  transparency,  combating 
gender stereotypes, etc. Also, the State should start implementing the Law on the salary 
system in the public  sector.  Selective wage increases in  2019  and 2020, as  well as the 
postponement of the wage system reform, have widened wage disparities across the public 
sector and also pay gaps within the private sector.119  

4.2.2  Definition in national law 

The Labour Law contains a definition of pay in Article 105. Pay is considered to be earnings 
realised for work performed and time spent at work, earnings based on the employee’s 
contribution to business success of the employer (bonuses, premiums and the like), and 
other  income  based  on  employment  in  conformity  with  the  labour  rulebook  or  national 
collective agreement and contract of employment. 

Pay is understood to mean the earnings including tax and dues payable on earnings. Also, 
pay includes all employment-related income, while some amounts are considered as the 
costs that have been reimbursed and not the pay in the following cases: 

- 

- 

- 

travelling  to  and  from  work,  in  the  amount  of  the  price  of  public  transportation 
tickets; for the time spent on business trips in the country; for the time spent on 
business trips abroad, at the minimum amount determined by special regulations; 
and for accommodation and food for working in the field, if the employer failed to 
provide  to  the  employee  the  accommodation  and  food  without  compensation 
(Article 118(1-4)); 
a retirement gratuity, in the minimum amount of three average monthly earnings; 
a refund of funeral expenses in the event of death of a member of immediate family, 
and to members of the immediate family in the event of death of the employee; and 
the compensation of damage sustained due to an injury at work or  a professional 
illness (Article 119); and 
employment anniversary bonus and solidarity assistance (Article 120(1)).  

This definition does not comply with the definition of Article 157(2) TFEU, which considers 
bonus,120 travel costs,121 and 'all elements of renumeration'122 to fall under the concept of 
‘pay’.  It  also  does  not  explicitly  include  ‘in  kind’,  although  it  can  be  considered  that  it 
includes both cash and in-kind.  

The new GEA provides more guidance on the matter. Therefore, Article 34 refers to pay 
paid in full in cash or partly in cash and partly in kind. It is further explained that work of 
equal value means work that requires the same level of education, knowledge, and skills, 
in which the same work contribution has been achieved with equal responsibility. When 

119  European Commission, Serbia 2019 Report, SWD (2019) 219 final, 29 May 2019, 45; European 

Commission, Serbia 2020 Report, SWD (2020) 352 final, 6 October 2020, 56. 
120  ECJ, Case 333/97, Susanne Lewen v Lothar Denda, Judgment of 21 October 1999. 
121  ECJ, Case 12/81, Eileen Garland v British Rail Engineering Limited, Judgment of 9 February 1982. 
122  ECJ, Case 43/75, Gabrielle Defrenne v Société anonyme belge de navigation aérienne Sabena, Judgment of 

8 April 1976. 

32 

 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

determining the amount of income, the classification of jobs must be based on the same 
criteria for women and men and regulated so as to exclude discrimination based on sex or 
gender. Also, Article 5(22) defines salary as monetary compensation for performed work. 
The  right  to  a  salary  is  a  basic  and  inalienable  right  of  employees.  Salary  means 
compensation for equal work, i.e. work of equal value with the application of the principle 
of equality and equal treatment of employees, regardless of their sex or gender. 

4.2.3  Explicit implementation of Article 4 of Recast Directive 2006/54 

Serbian  law  does  not  explicitly  implement  Article  4  of  Recast  Directive  2006/54  in  the 
provision guaranteeing equal pay for equal work, as the above-mentioned Article 104 of 
the Labour Law only guarantees equal remuneration for the same work or work of equal 
value  performed  with  an  employer.  However,  Article  18  prohibits  direct  and  indirect 
discrimination  of  persons  seeking  employment,  as  well  as  employees  based on,  among 
other  grounds,  gender.  Therefore,  it  also implicitly covers  pay.  Furthermore,  Article 20 
prohibits  discrimination regarding, inter alia, conditions of labour  and all rights deriving 
from an employment relation, which includes remuneration. The GEA in this area refers to 
the Labour Law. 

4.2.4  Related case law 

There is no national case law related to the issue of equal pay for equal work. 

4.2.5  Permissibility of pay differences 

In Serbian law there is no justification for pay differences based on sex, gender or sexual 
characteristics. 

4.2.6  Requirement for comparators 

The  provisions  described  above  do  not  mention  a  comparator.  Thus,  whether  a 
hypothetical comparator is allowed or not would have to be defined in case law (a judicial 
interpretation being required). 

4.2.7  Existence of parameters for establishing the equal value of the work performed 

Article 104(3) of the Labour Law states that work of the same value presupposes: 

- 
- 
- 
- 

the same professional qualifications; 
the same work abilities; 
the same responsibility; and  
the same physical and intellectual efforts.  

As  was  already highlighted, according to the ECJ, the payment based on physical effort 
can be indirectly discriminatory for women.123  

4.2.8  Other relevant rules or policies 

There are no other relevant rules or policies that provide parameters for establishing the 
equal value of the work performed. 

4.2.9  Job evaluation and classification systems 

The  classification  system  for  public  servants  is  prescribed  by  the  Decree  on  Job 
Classification  and  Criteria for  Job  Descriptions of  Civil  Servants,  which  was  amended  in 

123  Case 237/85, Gisela Rummier v. Dato - Druck GmbH, Judgment of 1 July 1986, para. 24. 

33 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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2019  with  the  aim  to  introduce  competences  in  the  job  descriptions.124  The  Decree 
prescribes  the  process  of  job  classification  of  civil  service  posts,  which  is  based  on 
comparing an individual job description with the standard job description for a certain type 
of job.125 The Decree on the catalogue of job posts in the public services and other public 
sector  organisations  was  adopted  in  2017,  and  amended  in  2018.126  The  Catalogue 
prescribes a list of jobs and their standard job descriptions, as well as requirements for 
the  job,  in  the  areas  of  health,  education,  social  protection,  culture,  sports,  tourism, 
organisations of compulsory social insurance and in other public sector organisations. The 
Catalogue  also includes  standard  job  descriptions  for  supporting  and  auxiliary technical 
jobs in the public sector.  

Also,  the  local  self-government  units  have  a  basis  for  classifying  the  posts  of  local 
government employees under the Decree on Criteria for the Classification of Job Posts in 
Autonomous Provinces and Local Self-Government Units.127 

4.2.10 Wage transparency 

Serbian  (case)  law  does  not  address  wage  transparency.  The  national  Strategy  for 
Prevention  and  Protection  against  Discrimination  from  2013  emphasises  that  it  is 
necessary to eliminate differences in wages between women and men.128 The Action Plan 
for  the  Implementation  of  the  Strategy  for  Prevention  and  Protection  against 
Discrimination  for  the  period  2014-2018  requires  further elaboration  of  the  principle of 
equal pay for men and women and the introduction of sanctions for acting contrary to this 
principle,129 but does not require pay transparency.  

According  to  the  National  Strategy  for  Gender  Equality  (2016-2020),  adopted  in 
January 2016, women spend significantly more time performing unpaid jobs, which mostly 
concern housework and childcare.130 According to the new Gender Equality Strategy for 
2021 to 2030, general income inequality persists, as does women’s lower participation in 
the workforce. The Republic of Serbia is ranked 19th in the Global Gender report 2021 of 
the  World  Economic  Forum,  but  when  it  comes  to  the  dimensions  of  participation  and 
opportunities in the economy, it is ranked 54th, and falls to 76th place for wage equality 
in salaries for similar work.131 

According to one study, there is relatively little information on salaries. The information 
on total salaries in the civil service, disaggregated into different categories, is available on 
the web pages of all civil service bodies, and in information booklets that provide general 
information  about  the  operation  of  civil  service  bodies.  However,  statistics  on  salaries 
related to gender are not available. The reason for that is found in the poor functioning of 
the  Human  Resource  Management  Information  System,  which  does  not  allow  for  easy 
preparation  of  analytical  reports  and  statistics,  including  salary  levels.  Information  on 
salary levels is not provided in job announcements, either.132 

124  Decree on Job Classification and Criteria for Job Descriptions of Civil Servants, Official Gazette Nos. 79/05, 

81/05, 83/05, 64/07, 67/07, 116/08, 104/09, 99/14, 94/17, 16/2018, 2/2019 and 4/2019. 

125  SIGMA, The principles of Public Administration – Serbia, OECD, May 2019, 24. 
126  Decree on the Catalogue of Job Posts in Public Services and Other Public Sector Organisations, Official 

Gazette of the Republic of Serbia, No. 81/2017, 43/2018. 

127  Decree on Criteria for the Classification of Job Posts and Criteria for the Description of Job Posts of Civil 
Servants in Autonomous Provinces and Local Self-Government Units, Official Gazette Nos. 88/2016, 
113/2017. 

128  Strategy for Prevention and Protection against Discrimination, Official Gazette of the Republic of Serbia, 

No. 60/2013, 37.  

129  Action Plan for the Implementation of the Strategy for Prevention and Protection against Discrimination, 

Official Gazette of the Republic of Serbia, No. 107/2014, 62.  

130  National Strategy for Gender Equality, Official Gazette of the Republic of Serbia, No. 04/16, 10. 
131  Gender Equality Strategy for 2021 to 2030, 30.  
132  SIGMA (2019) The principles of Public Administration – Serbia, OECD, 24. 

34 

 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

4.2.11 Implementation of the transparency measures set out by European Commission’s 
Recommendation  of  7  March  2014  on  strengthening  the  principle  of  equal  pay 
between men and women 

The  European  Commission’s  Recommendation  of  7  March  2014  on  strengthening  the 
principle of  equal  pay  between  men  and  women  through  transparency is  not  applied  in 
Serbia. 

4.2.12 Other measures, tools or procedures 

No  other  measures,  tools  or  procedures  have  been  developed  to  enhance  pay 
transparency,  but the  new Gender  Equality Strategy  for  2021 to 2030 stipulates  many 
measures to close the equal pay gap. Those measures include: amendments to relevant 
legislation; research and analysis on the causes of the pay gap (by economic sector and 
occupation);  recommendations  for  reducing  the  pay  gap;  work  with  employers  in  the 
public  and  private  sectors;  information  and  education  campaigns;  activities  that  raise 
awareness  of  the  problem  among  employers  and  employees;  activities  that  recognise 
examples of good practice; the analysis of the evaluation of various jobs, especially jobs 
belonging to the so-called social infrastructure (health, education, science, culture and art, 
social care and care for children, the elderly, the sick, people with disabilities, etc.) and 
their  re-evaluation in  accordance  with the importance  that these  jobs have  for  society; 
removing barriers that women face in advancing in their work and career in various sectors 
(especially  in  the most  profitable  branches of  the  economy  and  sectors  where they  are 
underrepresented such as ICT,  finance, energy, etc.);  a  gender  analysis  of the pension 
and  tax  systems;  and  the  implementation  of  recommendations  for  improving  these 
systems from a gender perspective in a way that contributes to reducing the pay gap. 

4.3  Access to work, working conditions and dismissal 

4.3.1  Definition of the personal scope (Article 14 of Recast Directive 2006/54) 

The  personal  scope  in  relation  to  access  to  employment,  vocational  training,  working 
conditions etc. is defined in Serbian law. In Article 16(2), the LPD prohibits discrimination 
in relation to access to employment, vocational training, working conditions, etc. in both 
the public and private sector. The same is true for the Labour Law and the GEA.  

Article  5(1) of the  Labour  Law  defines  a  worker  as  a  natural  person employed  with  an 
employer. The Labour Law specifies in Article 2 that it applies to:  

‘all employees who work in the territory of the Republic of Serbia with a national or 
foreign  legal  entity  and/or  a natural  person,  as  well  as  to  employees  assigned to 
work abroad by an employer, unless otherwise specified by the law.’  

It also applies to employees in government agencies, territorial autonomy agencies and 
local  self-government  agencies,  and  public  services,  as  well  as  to  employed  foreign 
nationals and stateless persons, unless otherwise specified by the law. This definition of a 
‘worker’ reflects the relevant case law of the CJEU.  

Article 18 of the Labour Law prohibits discrimination based on, inter alia, sex, race, colour 
of the skin, age, pregnancy, disability, ethnic origin, religion and sexual orientation.  

Article  16(2)  of  the  LPD  prohibits  discrimination  in  the  sphere  of  employment  and  the 
rights to protection from discrimination are granted to:  

‘a person who is employed, a person doing temporary or occasional work, or working 
on the basis of a contract of service or some other kind of contract, a person doing 
additional  work,  a person  performing  a  public  function,  a member of  the  army,  a 

35 

 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

person seeking employment, a student or pupil doing work practice and undergoing 
training  without  concluding  a  contract  of  employment,  a  person  undergoing 
professional  training  and  advanced  training  without  concluding  a  contract  of 
employment,  a  volunteer  or  any  other  person  who  works  on  any  grounds 
whatsoever.’  

The GEA prohibits discrimination in employment based on sex and gender and applies to 
domestic or foreign legal and natural persons in the public and private sector, who employ 
one or more persons, or a person who performs the rights and duties of an employer on 
behalf  of  the  Republic  of  Serbia  in  a  state  body,  autonomous  province  or  local  self-
government unit (Article 6(19)).  

4.3.2  Definition of the material scope (Article 14(1) of Recast Directive 2006/54) 

The material scope in relation to (access to) employment is defined in Serbian law. Serbian 
legislation covers prohibition of discrimination in relation to employment. The Labour Law 
stipulates in Article 20 that discrimination is prohibited in relation to:  

1) 
2) 
3) 
4) 
5) 

employment conditions and choice of candidates for performing a specific job;  
conditions of employment and all rights deriving from an employment relation;  
education, vocational training and specialisation;  
job promotion; and 
terminating an employment contract/dismissal. 

In Article 16(1), the LPD prohibits  discrimination in the sphere of employment, such as 
the right to employment, free choice of employment, promotion, professional training and 
professional rehabilitation, equal pay for work of equal value, fair and satisfactory working 
conditions, paid vacation, joining a trade union and protection from dismissal.  

In  addition, the GEA  stipulates  in Article  28  that  in the  area  of  employment  and  work, 
equal opportunities  are  guaranteed in  terms  of  access to  executive  jobs  and  positions; 
conditions for access to employment, self-employment or occupation, including selection 
criteria and recruitment conditions, regardless of the branch of activity and at all levels of 
the professional hierarchy, including career advancement; all forms of paid employment; 
deployments  and  promotions;  working  hours;  flexible  working  hours  due  to  the 
reconciliation  of  family  and  work  obligations  of  men  and  women,  absence  from  work; 
payments;  working  conditions;  vocational  training  and  further  education,  including 
practical work experience;  daily, weekly and annual leave; termination of employment; 
collective  bargaining;  information;  social  security;  maternity  leave,  parental  leave, 
duration of parental leave and benefits during parental leave; leave for the care of a child 
and  special  care  for  a  child  with  a  disability;  protection  of  the  right  to  work  and  in 
connection with work. 

This scope is the same as the scope of Article 14(1) of Recast Directive 2006/54, as the 
new GEA explicitly mentions self-employment, occupation and vocational guidance. 

4.3.3  Implementation of the exception on occupational activities (Article 14(2) of Recast 

Directive 2006/54) 

The exception on occupational activities has been implemented into Serbian law.  

In  Serbia,  national  legislation  provides  for  an  exception  for  genuine  and  determining 
occupational requirements. 

36 

 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

The LPD stipulates in Article 16(3) that:  

‘different treatment, exclusion or giving priority on account of the specific character 
of a job, for which an individual’s personal characteristic constitutes a genuine and 
decisive precondition for performing the said job, if the objective to be achieved is 
justified, shall not be considered to constitute discrimination.’  

This  definition  does  not  explicitly  state  that  such  a  requirement  should  adhere  to  the 
proportionality principle. However, Article 8 of the LPD is applicable in this case, as it says 
that a violation of the principle of equality shall occur:  

‘if  an  individual  or  a  group  of  persons,  on  account  of  his/her  or  their  personal 
characteristics,  is  unwarrantedly  denied  rights  and  freedoms  or  has  obligations 
imposed that, in the same or a similar situation, are not denied to or imposed upon 
another  person  or  group  of  persons,  if  the  objective  or  the  consequence  of  the 
measures taken is unjustified, and if the measures taken are not proportional to the 
objective achieved’. 

Also, the Labour Law contains the same provision and stipulates in Article 22, Paragraph 1 
that different treatment, exclusion or giving priority on account of the specific character 
of a job shall not be considered as discrimination, where the nature of a job is such, or 
where  a  job  is  performed  in  such  conditions, that  it  constitutes  a  genuine  and  decisive 
precondition for performing the said job, and where the purpose intended to be achieved 
is justified. 

The new GEA in Article 27(2) also contains a provision that to exclude or give priority to 
certain sex or gender due to the specifics of a particular job when gender or sex is a real 
and decisive condition for doing the job, is not considered as discrimination, if the purpose 
is justified and the requirements are appropriate, provided that such different treatment 
justifies a legitimate aim. 

The duty of assessment of the occupational activities according to Article 31(3) of Recast 
Directive 2006/54 still does not apply in Serbia.  

4.3.4  Protection  against  the  non-hiring,  non-renewal  of  a  fixed-term  contract,  non-
continuation  of  a  contract  and  dismissal  of  women  connected  to  their  state  of 
pregnancy and/or maternity 

The national law provides for sufficient protection against the non-hiring, non-prolongation 
of  contracts,  and  dismissal  of  women,  connected  to  their  state  of  pregnancy  and/or 
maternity. However, in practice,  women are often exposed to discrimination due to  the 
non-continuation  of  a  fixed-term  contract.  The  new  GEA  prohibits  in  Article  31  the 
dismissal of women connected to their state of pregnancy and/or maternity.  

4.3.5  Implementation  of  the  exception  on  the  protection  for  women  in  relation  to 

pregnancy and maternity (Article 28(1) of Recast Directive 2006/54) 

The exception on protection for women, in particular as regards pregnancy and maternity, 
has been implemented in Serbian law.  

The Serbian Constitution stipulates in Article 60(5) that women are provided with special 
protection at work and special work conditions in accordance with the law.  

The Labour Law stipulates in Article 12(2) that an employed woman shall be entitled to 
special protection  in the  course of  pregnancy  and childbirth.  The  Labour  Law  stipulates 
that an employer may not request from the candidate information relating to family and/or 
marital  status  and  family  planning,  and/or  to  be  furnished  with  documents  and  other 

37 

 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

evidence having no direct bearing on the performance of jobs for which the employment 
relationship  is  established  (Article  26(2)).  Moreover,  an  employer  may  not  make  the 
establishment of the employment relationship dependent on a pregnancy test, unless the 
relevant  jobs  involve  considerable  risk  for  the  health  of  the  woman  and  child,  as 
determined by a competent healthcare agency (Article 26(3)). 

Article  16(3)  of  the  LPD  stipulates  that  it  shall  not  be  considered  to  constitute 
discrimination to take protective measures towards certain categories of persons, such as 
women,  pregnant  women,  and  women  who  have  recently  given  birth.  The  new  GEA 
contains  a very comprehensive  provision,  Article 33,  that  guarantees  that  an  employee 
will be returned to the same or another equivalent job after returning from leave due to 
pregnancy,  maternity  leave,  childcare,  special  childcare,  adoption,  foster  care,  and 
guardianship. It is prohibited to transfer employees to less favourable conditions, unless 
it  is  done  in  accordance  with  the  findings  of  the  competent  health  authority  or  other 
competent  authority or  due to organisational  changes  in the  employer.  Changes  in the 
internal organisation of the state body and the bodies of an autonomous province or local 
self-government  unit  must  have  been  carried  out  in  accordance  with  the  law.  Absence 
from work due to pregnancy, maternity leave, leave for childcare,  and leave for special 
childcare,  ie  paternity  and  maternity  (parenthood),  adoption,  foster  care,  and 
guardianship,  cannot  be  a  reason  for  denying  the right  to:  1)  professional training  and 
additional  education;  2)  promotion  and  acquisition  of  a  higher  title,  i.e.  transfer  to  an 
immediately higher executive position, on the basis of acquired conditions, in accordance 
with the law; and 3) use of all improvements in working conditions provided during the 
leave.  The  time  during  which  the  employee  was  absent  from  work  due  to  pregnancy, 
maternity leave, leave for childcare, and leave for special childcare will not be taken into 
account  when  assessing  performance  in  the  total  time  period  in  which  performance  is 
calculated.  

4.3.6  Particular difficulties 

There are no particular difficulties related to the personal and material scope of national 
law in relation to access to work, vocational training, employment, working conditions etc.  

However, in practice, many problems exist. Thus, the gender gap in employment persists 
at  around  11 %,  and  the  growth  in  female  employment  has  decelerated  more  sharply 
compared to male employment over the last three years.133 There are only 30 % of women 
in leadership positions and the same percentage of women engaged in the private sector, 
who work mainly in the capital – Belgrade.134 The practice of the Commissioner shows that 
sex discrimination is very much present in the employment sphere (23.8 % of complaints 
which  claimed to  be  discrimination  based on sex)  and the  most  common  violations  are 
during the hiring process when employers demand that the candidate be of a particular 
gender,  and  reassignments  to  a lower  position  or  a  position  with  a  lower income upon 
returning  from  maternity  and  parental  leave.135  Аlso,  traditional  gender  stereotypes 
influence the fact that women dedicate significant time to unpaid jobs and childcare. The 
majority of citizens believe that successful women neglect their family duties and that a 
higher  salary  unavoidably  brings  family  problems.136  The  same  trend  remains  in  2021. 
Therefore, the Commissioner notes that in addition to professional qualifications and work 
experience, women’s physical appearance and family status are considered when hiring, 
maintaining employment, or career advancement, and work is conditioned by postponing 

133  Republic of Serbia: Staff Report for the 2019 Article IV Consultation and Second Review under the Policy 

Coordination Instrument-Press Release; Staff Report; Information Annex; Staff Statement; and Statement 
by the Executive Director for Republic of Serbia, International Monetary Fund, July 2019, 22. 
134  Blic Biznis, Profil zene direktora u Srbiji (Profile of the female director in Serbia), 16 April 2019, 
https://www.blic.rs/biznis/vesti/profil-zene-direktora-u-srbiji-ima-manje-od-42-godine-bavi-se-
ulepsavanjem-i/jvscjgg. 

135  The Commissioner for the Protection of Equality (2021), Regular Annual Report for 2020, 186. 
136  The Commissioner for the Protection of Equality (2015), Special Report on the Discrimination of Women 

2015, 102. 

38 

 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

pregnancy and starting a family due to the presumption of the inability of reconciling work 
and parenthood. This situation is illustrated by the Commissioner’s practice. Thus, in one 
public company, only male candidates were sought because  ‘working hours are too long 
for future mothers, and women are not emotionally stable enough to make decisions in 
stressful situations.’137 

4.3.7  Positive action measures (Article 3 of Recast Directive 2006/54)  

Women are still discriminated  against  at work due their reproductive role. The National 
Employment Service (NES) implements a number of various affirmative actions aimed at 
stimulating  employers  to  employ  women  and  vulnerable  women.  The  NES  collaborates 
with local self-government units and organisations in preparing specific measurers in local 
action  plans  targeting  women.  In  its  21  local  branches,  NES  has  established  mobile 
employment units in order to reach the vulnerable population in rural areas, such as rural 
women.  It  also  develops  programmes  and  measures  aimed  at  increasing competencies 
and employment opportunities of women who will become a working surplus (whose jobs 
will  not  exist  anymore  due  to  some  structural  changes  in  the  company)  implements 
measures  to  foster  employment  and  economic  empowerment  of  victims  of  domestic 
violence  and  trafficking,  and  supports  wider  implementation  of  flexible  work  contracts 
favourable for women and their reconciliation of work and family life.138 However, these 
measures are not sufficiently efficient due to a great number of unemployed persons, a 
lack of jobs, and a lack of effective protective mechanisms.139 

Article 27 of the GEA prescribes that the organisations in charge of employment (National 
Employment  Service  and  employment  agencies)  must  provide  equal  employment 
opportunities for women and men and members of vulnerable social groups, equal access 
to jobs, self-employment, including selection criteria and selection conditions, regardless 
of  the  industry,  and  at  all  levels  of  the  professional  hierarchy,  including  career 
advancement. It is not considered as discrimination to create incentives for employment 
and self-employment of hard-to-employ categories of persons, such as women, pregnant 
women, mothers, victims of domestic violence, victims of gender-based violence, parents, 
persons under 18, persons over 45, persons with disabilities, persons of different sexual 
orientation and gender identity, members of the Roma national minority and others. It is 
also  not  considered  discrimination  to  create  incentives  for  the  development  of 
entrepreneurship among women. 

4.4  Evaluation of implementation 

The Serbian legislation in the area of equal pay and equal treatment at work is satisfactory, 
but the overall problem is the implementation of existing legislation in practice.  

4.5  Remaining issues 

The  equal  pay  for  work  of  equal  value  cannot  be  implemented  unless  there  is  a  wage 
transparency, which will allow women to challenge the gender pay gap. Also, it is important 
to train labour  inspectors on  this  matter  as  the  majority  of  them  are  not  aware  of the 
existence of the gender pay gap. Another issue is the existence of gender stereotypes and 
prejudices  which  can  lead  to  the  decision  not  to  hire  women  for  higher  positions  in  a 
company, as men are considered to be more stable for managerial positions. In addition 
to the poor availability of management and top-paid jobs, the problem is the traditional 
division of occupations into ‘male’ and ‘female’ – the occupations for the latter often less 
well-paid and less prestigious. The high concentration of female workforce in lower paying 

137  The Commissioner for the Protection of Equality (2022), Regular Annual Report for 2021, 138. 
138  Dokmanović, М. (2016), Gender Analysis for Serbia, IPA - NEAR, 60. 
139  Dokmanović, М. (2016), Gender Analysis for Serbia, IPA - NEAR, 22. 

39 

 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

jobs leads to the almost complete feminisation of certain occupations and the absence of 
women in other important areas of work.140 

Also, it is important to highlight that the general measure on prohibition of employment 
in the public sector – which was introduced in 2013 by the Government in order to decrease 
the number of employees in the public sector – has a significantly more negative effect on 
women than on men, especially on women from multiply disadvantaged groups (i.e. Roma 
women, women with disabilities, single mothers, rural women,  etc.) since they  are less 
employed and less employable.141 This prohibition was abandoned on 31 December 2019, 
but employment is still controlled by the Government Commission. In addition, measures 
such as reduction of salaries in the public sector also affect women more than men, since 
almost 80 % of women are employed in social welfare  centres, and more than 70 % in 
education and judiciary.142 

Some  research  showed  that  the  impact  of  the  COVID-19  pandemic  on  activity  and 
employment was more profound on the male than the female labour force.143 However, 
the impact of the  pandemic on job loss  was stronger in relation to the female than  the 
male labour force (7 % of women and 4 % of men). For employed women, working hours 
increased more often than for employed men. This result is mostly caused by the higher 
workload  in  the  healthcare  sector,  which  has  a  higher  rate  of  female  employees.  Also, 
research shows that women were forced more often than men to take involuntary leave, 
but they were also more often partly paid rather than not paid, in comparison to men. In 
addition, a large portion of employed women were transferred to work at home, compared 
to  men,  which  is  probably  a  consequence  of  sectoral  segregation  in  employment,  with 
women  working  more  in  education  (which  was  fully transferred  to  digital forms),  social 
protection,  and  public  administration.  Almost  half  of  the  self-employed  reported  that 
COVID-19 had a negative impact on their business, and some of them were forced to close 
it. This affected men more, as they make up larger numbers of self-employed than women. 
Rural women who were employed outside of agriculture were the group most affected by 
the loss of employment after the declaration of the pandemic and the state of emergency 
– morе than women in the city, or men in the countryside.144 The most common reason 
for losing their  job was the suspension of the activities of the companies  in which they 
were employed. Тhey resigned much more often because they could not organise going to 
work,  due to the closure of kindergartens and schools, as well as due to restrictions on 
movement  caused  by  the  suspension  of  public  transport  and  curfew.145  For  most  rural 
women  who  remained  employed  in the  non-agricultural sectors, there  were  changes  in 
working conditions. Almost a quarter switched to work from home, and more than a fifth 
worked part-time.146 Working conditions from home did not affect all women who switched 

140  The Commissioner for the Protection of Equality (2019), Particular Report in the area of Work and 

Employment (Poseban izveštaj u oblasti rada i zapošljavanja), 117-118. 

141  Shadow Report to the CEDAW regarding the fourth reporting cycle of Serbia, Platform of Organisations for 

Cooperation with UN Human Rights mechanisms, 4 January 2019, 
http://www.bgcentar.org.rs/bgcentar/wp-content/uploads/2019/02/2019-01-28-CEDAW-Shadow-report-
Platform-of-Organizations-Serbia.pdf; Beker, K., Janjić, B., Lepojević, V., Prava žena i rodna ravnopravnost 
u 2019. godini: nulti izveštaj (The Rights of Women and Gender Equality in 2019: zero report) FemPlatz, 
Belgrade, May 2020, 52. 

142  Statistical Office of the Republic of Serbia, Women and men in the Republic of Serbia, Belgrade, 2017. 
143  Consequences of COVID-19 on women's and men's economic empowerment, SeConS, July 2020, 17. See 

also UNDP, The Impact of COVID-19 in Serbia: A new report and call for action from the United Nations, 28 
September 2020; Pajvančić, M., Petrušić, N., Nikolin, S., Vladisavljević, A., Baćanović, V., Rodna analiza 
odgovora na COVID-19 u Republici Srbiji (Gender Perspective to the Response to COVID-19 in the Republic 
of Serbia), OSCE, Belgrade, March-May 2020. 

144  SeConS, Uticaj COVID-19 pandemije i mere za njeno sprečavanje na socio-ekonomski položaj žena koje 

žive na selu, sa fokusom na poljoprivredu (The Impact of the COVID-19 pandemic and measures to prevent 
it on the socio-economic situation of women living in rural areas, with a focus on agriculture), July 2020, 
33. 

145  SeConS, Impact of the COVID-19 pandemic and measures for prevention on women enterpreneurs in 

Serbia, July 2020, 6, 14. 

146  SeConS, Uticaj COVID-19 pandemije i mere za njeno sprečavanje na socio-ekonomski položaj žena koje 

žive na selu, sa fokusom na poljoprivredu (The Impact of the COVID-19 pandemic and measures to prevent 

40 

 
 
 
 
 
Country report - gender equality – Serbia - 2022 

to this mode of work equally. Nearly a third did not have an adequate place to work in the 
living  space,  a  large  number  of  women  had  to  work  at  night  to  get  work  done,  and  a 
significant number of those felt frustrated because the job intruded on privacy or because 
the family prevented them from devoting themselves to work.147  Nearly a third of  rural 
women  who  remained  employed  reported  being  at high  risk  of  contracting  the virus  at 
their  workplace,  and  more  than  a  quarter  reported  working  at  an  increased  intensity 
compared to before the pandemic.148 

it on the socio-economic situation of women living in rural areas, with a focus on agriculture), July 2020, 
14. 

147  SeConS, Uticaj COVID-19 pandemije i mere za njeno sprečavanje na socio-ekonomski položaj žena koje 

žive na selu, sa fokusom na poljoprivredu (The Impact of the COVID-19 pandemic and measures to prevent 
it on the socio-economic situation of women living in rural areas, with a focus on agriculture), July 2020, 
17. 

148  SeConS, Uticaj COVID-19 pandemije i mere za njeno sprečavanje na socio-ekonomski položaj žena koje 

žive na selu, sa fokusom na poljoprivredu (The Impact of the COVID-19 pandemic and measures to prevent 
it on the socio-economic situation of women living in rural areas, with a focus on agriculture), July 2020, 
12. 

41 

 
 
 
Country report - gender equality – Serbia - 2022 

5 

Pregnancy,  maternity,  and  leave  related  to  work-life  balance  for  workers 
(Directive 92/85, relevant provisions of Directives 2006/54, 2010/18 and 
2019/1158)149 

5.1  General (legal) context 

5.1.1  Surveys and reports on the practical difficulties linked to work-life balance 

There are several papers and research studies which deal with work-life balance in Serbia. 
In one paper from 2015, it was found that the average number of working hours per week 
in Serbia is 48 for men and 43 for women, while the average number in the EU is 40. As 
well as job-related stress, this affects’ the ability of workers to reconcile their work and 
private life.150 In addition, the share of workers with part-time employment out of the total 
employment in Serbia is 8.1 %, which is associated with lower income, and a significant 
number of employees – 9.7 % – have a second job (on average they spend 19 hours per 
week on the second job).151 It is also important to emphasise that most of the unpaid work 
is performed by women, while men spend more time on paid work.152 The data shows that 
men  work  аt  paid  jobs,  both  on  weekdays  and  weekends,  for  almost  twice  as  long  as 
women.  On  the  other  hand,  women  work  in  unpaid  jobs  longer  than  men,  both  on 
weekdays and weekends.153 Single parents and couples with children have more hours of 
unpaid work compared to single parents or couples without children. Married women with 
children  and  single  mothers  report  more  hours  of  unpaid  work  than  men  of  the  same 
status. In Serbia, men spend 33 hours, and women 46 hours for taking care of children 
and grandchildren; men spend 10 hours compared with 18 hours for women for cooking 
and/or housework; and men spend 20 hours and women 28 hours for taking care of elderly 
or disabled relatives.154 All these numbers are much higher that the EU average and show 
that  women  spend  more  hours  doing  unpaid  work  than  men.  Furthermore,  40 % 
responded that their existing working time arrangements do not fit well, or not at all well, 
with their family and social obligations.155 Finally, in Serbia, 85 % of women and 77 % of 
men experience conflict between work commitments and private life. The authors of the 
study  argue  that  it  probably  has  something  to  do  with  the  organisation  of  work  and 
inflexible working hours.156 Also, they point out that the difference in contribution of men 
and women in housework in Serbia is 50 % and that 49 % of women of a working age are 
not part of the labour force, and half of those women (57 %) would like to have a paid 
job.  

The Gender Index published in 2018 measuring inequality for the period 2015-2017 also 
demonstrated  marked  gender  inequalities  in  the  household  care.157  Therefore,  when  it 

149  See Masselot, А. (2018) Family leave: enforcement of the protection against dismissal and unfavourable 

treatment, European network of legal experts in gender equality and non-discrimination, 
https://www.equalitylaw.eu/downloads/4808-family-leave-enforcement-of-the-protection-against-
dismissal-and-unfavourable-treatment-pdf-962-kb and McColgan, А., (2015), Measures to address the 
challenges of work-life balance in the EU Member States, Iceland, Liechtenstein and Norway, European 
network of legal experts in gender equality and non-discrimination, 
https://www.equalitylaw.eu/downloads/3631-reconciliation. 

150  Golubović, N., Golubović S., Comparative analysis of Work-Life Balance in FYR Macedonia, Montenegro and 

Serbia, Facta Universitatis, vol. 12, No. 3, 2015, 189. 

151  Golubović, N., Golubović S., Comparative analysis of Work-Life Balance in FYR Macedonia, Montenegro and 

Serbia, Facta Universitatis, vol. 12, No. 3, 2015, 189. 

152  Golubović, N., Golubović S., Comparative analysis of Work-Life Balance in FYR Macedonia, Montenegro and 

Serbia, Facta Universitatis, vol. 12, No. 3, 2015, 190. 

153  Women and Men in the Republic of Serbia 2020, the Statistical Office of the Republic of Serbia, Belgrade, 

2020, 70. 

154  Golubović, N., Golubović S., Comparative analysis of Work-Life Balance in FYR Macedonia, Montenegro and 

Serbia, Facta Universitatis, vol. 12, No. 3, 2015, 191. 

155  Golubović, N., Golubović S., Comparative analysis of Work-Life Balance in FYR Macedonia, Montenegro and 

Serbia, Facta Universitatis, vol. 12, No. 3, 2015, 192-193. 

156  Golubović, N., Golubović S., Comparative analysis of Work-Life Balance in FYR Macedonia, Montenegro and 

Serbia, Facta Universitatis, vol. 12, No. 3, 2015, 195. 

157  Government of the Republic of Serbia, Gender Equality Index 2016, Coordination Body for Gender Equality 

of the Government of the Republic of Serbia, the Social Inclusion and Poverty Reduction Unit of the 

42 

 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

comes  to  taking  care  of  the  elderly,  children  and  family  members  with  disabilities,  the 
gender gap is still very pronounced, because among women aged  18 and over, 41.2 % 
perform these activities on a daily basis and among men, 29.5 %.158 An additional burden 
on  women's  work-life  balance,  apart  from  unpaid  domestic  work,  is  care  for  family 
members, as services fail to do so. The new Gender Equality Index shows no significant 
progress  in  this  area,  as  67.9 %  of  women  and  only  11.5 %  of  men  cook  and/or  do 
household chores every day. Regarding care for the elderly, children, and family members 
with  disabilities,  the  gender  gap  is  somewhat  smaller,  although  still  very  pronounced, 
given that 41.2 % of women aged 18 and above perform these activities daily, while the 
percentage for men is 29.5 %.159 

A 2017  survey of  330 employers (who employ 126 244 employees), showed  that every 
fifth employer allows flexible working time, and only 10 % allow work from home.160 The 
most vulnerable groups of women are women with disabilities, Roma women, women living 
in rural areas and older women.161 There are 130 000 single parents in Serbia, and they 
need support from the State and society in order to achieve work-life balance. In addition, 
over  74 %  of  women  who  report  that  they  work  in  agriculture  do  so  as  unpaid  family 
members.162 

Thus,  it  can  be  concluded  that  very  minor  results  have  been  achieved  in  this  field,  as 
measures for diminishing the gap in this area are not sufficiently determined, and rely on 
‘weaker’  interventions  (such  as  awareness  raising),  rather  than  legal  interventions.163 
However,  the  recently  adopted  GEA  recognises  unpaid  housework  and  provides  for  the 
collection  and  recording  of  data  by  the  Statistical  Office  and  the  regular  publication  of 
reports. 

In 2021, the Commissioner for Protection of Equality conducted a survey on the balance 
between  professional  and  private  life.164  This  research  shows  that  there  are  still 
significantly fewer women in managerial positions than men. There are still stereotypical 
notions in society about the roles of parents in exercising parental leave, and that women 
bear a disproportionately greater burden. Women spend significantly more time caring for 
children on a weekly basis than men (e.g. 33 % of women spend 10-30 hours caring for 
children, while 47 % of men spend only up to 10 hours). The answers to the question of 
whether childcare had any negative consequences on their careers clearly illustrate that 
women in  Serbia  face  obstacles  to  professional  advancement to  a much  greater  extent 
than men: about two fifths of women (38 %) and three fifths of the men (69 %) answered 
that  there  were  no  consequences.  When  comparing  the  data,  there  is  a  significant 
disproportion  when  it  comes  to  the  career  consequences  stated  by  respondents,  for 
example in termination of employment (13 % of women stated this as a consequence as 
opposed to 2 % of men) and work under stress (37 % of women versus 22 % of men). 
Also, the percentage of men who are fully or somewhat satisfied with their income (53 %) 
is higher than the percentage of women (46 %). Of particular importance is the fact that 
the difference in satisfaction noticeably increases  in two key age groups, 30-39 (where 
there  are 11 % more men who are fully or somewhat satisfied with income)  and 40-49 
(where the difference is as high as 17 %). In additition, when it comes to unpaid work in 

Government of the Republic of Serbia and the Statistical Office of the Republic of Serbia, December 2016, 
9. 

158  Government of the Republic of Serbia, Gender Equality Index 2016, 41. 
159  Babovic, M. (2021) Gender Equality Index 2021, Government of the Republic of Serbia, 37. 
160  Usklađvanje rada i roditeljstva (Balancing between work and Family), Kabinet ministra bez portfelja 
zaduženog za demografiju i populacionu politiku, Privredna komora Srbije, Belgrade, 2017, 21. 

161  European Commission, Serbia 2019 Report, SWD (2019) 219 final, 29 May 2019, 27. 
162  CEDAW, Concluding observations on the fourth periodic report of Serbia, 14 March 2019, 15. 
163  Finalni izveštaj evaluacije Akcionog plana za sprovođenje Nacionalne strategije za rodnu ravnopravnost 

Republike Srbije (Final report on the evaluation of the Action plan for the implementation of the National 
Strategy for Gender Equality in the Republic of Serbia), SeCons, 2019, 65. 

164  Commissioner for Protection of Equality (2021) Gender Equality and Balance between Professional and 

Private Life, June 2021, http://ravnopravnost.gov.rs/wp-content/uploads/2021/10/Istrazivanje-Wobaca-
FINAL-Srb.pdf.  

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Country report - gender equality – Serbia - 2022 

performing routine household chores, the disproportionate burden on women is extreme: 
as many as 76 % of men spend an hour or less a day performing these tasks compared 
to 64 % of women who spend between 2 and 6 hours a day. A slightly higher percentage 
of women were provided with flexible work, especially the possibility of absence from work 
due to family situations (37 % of women and 25 % of men) and the transition from full-
time to part-time work (8 % of  women and 4 %  of men).  Finally,  a significantly higher 
percentage of women had to give up business travel or professional training compared to 
men (30 % of women versus 15 % of men) and received a slightly  lower  salary due to 
inability to perform professional duties (20 % versus 15 %). A higher percentage of women 
were refused promotion by their employer (17 % of women and 10 % of men) and in more 
cases experienced conflicts with the employer or colleagues (26 %) compared to the male 
respondents  (19 %).  In  addition,  women  are  more  likely  to  say  that  they  feel  the 
consequences  of  the  imbalance  of  business  and  family  life  in  the  form  of  lack  of  time, 
stress, insomnia and so on (27 % of women versus 21 % of men). The study reports that 
there is a tendency for women to be less able to reconcile private and business obligations 
in comparison to men and that their professional life suffers in favour of family life. 

5.1.2  Other issues 

In Serbia, there is a relatively high level of job insecurity, as 16.6 % of respondents from 
the study conducted in 2015 believed that there is ‘likely’ or ‘quite likely’ possibility that 
they could lose their job in the following six months. This insecurity puts some pressure 
on  the  employees  and  affects  their  work-life  balance.165  Also,  women  are  sometimes 
questioned  about  family  plans  during  job  interviews,  or  are  constantly  on  short  term 
contracts.166  Therefore,  if  they  get  a  job, they  want to  show their  commitment  to  their 
working obligations which sometimes results in their decision to postpone their marriage 
or having children, and causes much more pressure at work.  

Quality of life is also very important and  findings  from Eurofound’s European Quality of 
Life Survey (EQLS) show that many of the quality of life indicators are lower in Serbia than 
on average in the EU 28.167 For example, the WHO-5 Mental Well-being Index was lowest 
in Serbia among all the surveyed countries in the EQLS, at 52 in 2016 versus an EU 28 
average of 64 (on a scale of 1–100). The share of respondents reporting that they felt free 
to decide how to live their lives has decreased in Serbia from 36 % in 2011 to 23 % in 
2016, which is below the respective EU 28 average of 26 %. Also, compared to the EU 28 
average in the domain of the use of time, Serbia has recorded a value 17 points lower, 
and moved to 16.2 % in the most recent Gender Equality Index.168 Compared to the results 
of  the  Member  States  in  the  domain  of  time,  Serbia  is  ranked  25th,  ranking  between 
Romania and Portugal. However, it differs in the fact that it is significantly worse in the 
sub-domain of housework activities and better in the sub-domain of social activities.169  

It  is  also  important  to  highlight  that  the  economic  growth  rate  has  been  continuously 
positive since 2015, and in 2017 it was 2 % of real GDP growth, but this growth rate is 
lower  than  the  European  average  (2.4  %)  and  significantly  lower  per  capita  in  Euro 
(EUR 5 581 in Serbia compared to EUR 30 000 in the EU).170 High economic inequalities 

165  Golubović, N., Golubović S., Comparative analysis of Work-Life Balance in FYR Macedonia, Montenegro and 

Serbia, Facta Universitatis, vol. 12, No. 3, 2015, 188. 

166  Human Rights and Business Country Guide for Serbia, Belgrade Centre for Human Rights, the Danish 

Institute for Human Rights, 26, http://www.bgcentar.org.rs/bgcentar/eng-lat/wp-
content/uploads/2016/09/Country-Guide-Serbia-FINAL-English-August-2016.pdf.  

167  Eurofound, Living and working in Serbia, 5 June 2018, https://www.eurofound.europa.eu/country/serbia. 
168  Babovic, M. (2021) Gender Equality Index 2021, 37. 
169  Government of the Republic of Serbia, Gender Equality Index 2016, Coordination Body for Gender Equality 

of the Government of the Republic of Serbia, the Social Inclusion and Poverty Reduction Unit of the 
Government of the Republic of Serbia and the Statistical Office of the Republic of Serbia, December 2016, 
9; Government of the Republic of Serbia, Babovic, M. (2021) Gender Equality Index 2021, 37. 

170  Government of the Republic of Serbia, Gender Equality Index 2016, Coordination Body for Gender Equality 

of the Government of the Republic of Serbia, the Social Inclusion and Poverty Reduction Unit of the 

44 

 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

are also expressed in the degree of risk of financial poverty, as well as income inequalities 
measured by the Gini coefficient (a measure of statistical dispersion intended to represent 
the income or wealth distribution of a nation's residents, and is the most commonly used 
measurement of inequality), which are greater than in any of the EU 28 Member States.  

Serbia did not have a deep decline in GDP, employment and wages as other similar 
countries in Europe, but it is likely that the GDP will decline between 3 % to 5.3 % in 
2020 due to the COVID-19 crisis.171 

One  very  important  issue  is  the  length  of  parental  leave  (365  days)  which  presents  a 
problem for 5.2 % of employers, questioned in one study, as well as frequent sick leave 
to take care of a child (64.8 %).172 

5.1.3  Overview of national acts on work-life balance issues 

In Serbia, there are no specific acts on work-life balance.  

The  Labour  Law  prescribes  rights,  duties  and  responsibilities  arising from  employment, 
and/or on the ground of work. It provides special protection to an employed woman during 
the  course  of  pregnancy  and  childbirth.  The  Labour  Law  also  prescribes  part-time 
employment,  and  the  employment  relations  for  performing  jobs  outside  an  employer's 
premises,  which  includes  remote  work  and  work  at  home.  It  also  prescribes  a  work 
timetable and possibility for flexible working hours.  

Also,  the  new  GEA  stipulates  in  Article  35(4)  that  social  partners  must  work  on  the 
balancing  of  private  and  professional  life,  especially  in  connection  with  pregnancy, 
maternity  leave,  leave  for  childcare  and  leave  for  special  childcare,  i.e.  paternity  and 
maternity (parenthood), adoption, foster care, and guardianship. 

5.1.4  Political and societal debate and pending legislative proposals 

There  are no current  political  debates  to  change  the legislation in order to  allow  better 
work-life balance. However, there is an ongoing debate on measures to increase the use 
of  legal  possibilities  and  to  motivate  employers  to  allow  flexible  working  hours  for 
employees. On 30 March 2017, the Minister without Portfolio in charge of demography and 
population  policy,  and  the  Director  of  the  Development  Agency  of  Serbia  signed  a 
Cooperation agreement whose primary goal is to raise the awareness of employers about 
the  need  for  a  balance  between  work  and  parenting.  In  its  activities  aimed  at 
entrepreneurs, the Agency promised to highlight the importance of the needs of parents 
and future parents in order to align their family and business obligations to the employer 
and  family  in  the  best  possible  way.  However,  this  agreement  showed  that  its  main 
purpose it to improve the demographic picture of Serbia. The new GEA contains a provision 
on  work-life  balance,  as  mentioned  above,  as  well  as  Article  35(10)  which  requires 
employers and the social partners to work together to introduce flexible working hours to 
facilitate the balance of private and professional life. 

Government of the Republic of Serbia and the Statistical Office of the Republic of Serbia, December 2016, 
19. 

171  UNDP (2020) The Impact of COVID-19 in Serbia: A new report and call for action from the United Nations, 

28 September 2020. 

172  Usklađvanje rada i roditeljstva (Balancing between work and Family), Kabinet ministra bez portfelja 
zaduženog za demografiju i populacionu politiku, Privredna komora Srbije, Belgrade, 2017, 25-26.  

45 

 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

5.2  Pregnancy and maternity protection 

5.2.1  Definition in national law 

The Labour Law in Article 12 only states that an employed woman is  entitled to special 
protection during pregnancy.  

This definition is not consistent with the definition in Article 2 of Directive 92/85 as it does 
not include information to the employer on her condition, but it is logical that a pregnant 
woman needs to inform her employer about her state in order to receive special protection. 
On the other hand, a pregnant woman is protected even if she did not inform her employer 
about her pregnancy, but he/she found out that she was pregnant and acted contrary to 
provisions that require protection during pregnancy. 

5.2.2  Obligation to inform employer 

The Labour Law does not expressly require that the pregnant worker inform the employer 
about  the  pregnancy.  However,  Article  15(3)  stipulates  that  an  employee  is  obliged  to 
notify  the  employer  of  essential  circumstances  that  influence  or  could  influence  the 
performance of jobs, stipulated in the employment contract. This notification is seen as an 
opportunity for an employer to properly organise his/her work and find a replacement in 
due time. Also, this notification is important from the perspective that an employee in the 
course  of  pregnancy  may  not  work  at  jobs  that,  in  terms  of  the  findings  of  a  medical 
agency, are harmful to her health, and particularly at jobs requiring heavy lifting or those 
characterised by harmful radiation or  exposure to extreme temperatures and vibrations 
(Article 89(1) of the Labour Law). In addition, it is also important from the perspective of 
allowing the pregnant employee paid leave during the day, in order to undergo any medical 
examination  related  to  her  pregnancy,  as  required  by  her  physician.  In  this  case,  the 
employee is obliged to timely inform her employer of such absence.  

5.2.3  Case law on the definition of a pregnant worker, a worker who has recently given 

birth and/or a worker who is breastfeeding 

There is no  relevant  case law  concerning  the  definition  of  a  pregnant  worker,  a  worker 
who has recently given birth and/or a worker who is breastfeeding. 

5.2.4  Implementation of protective measures (Article 4-6 of Directive 92/85) 

Protective measures mentioned in Articles 4-7 of Directive 92/85 have been implemented 
in Serbian law.  

In  Article  16(3),  the  LPD  provides  that  it  cannot  be  considered  as  discrimination  when 
protective measures are taken regarding certain categories of employees, such as women, 
pregnant women, and women who have recently given birth. Also, Article 27(3) of the new 
GEA stipulates that it is not considered discrimination to create incentive measures for the 
employment  and  self-employment  of  pregnant  women  and  women  who  have  recently 
given birth. The GEA also contains Article 4(7), which prescribes that it is not discrimination 
to  introduce  measures  for  the  protection  of  motherhood  and  fatherhood  (parenthood), 
adoption, foster care, and guardianship.  

The Labour  Law provides in Article 22(2) that provisions of the law, labour  rulebook or 
collective agreement (general act) and employment contracts relating to special protection 
and assistance to specific categories of employees, such as women on maternity leave, on 
childcare leave, and special childcare leave, shall not be considered as discrimination. It 
also  protects  motherhood  in  Articles  89-93(a).  Article  89  stipulates  that  an  employed 
woman  may  not  work  during  her  pregnancy  in  jobs  that,  in  terms  of  the  findings  of  a 
medical agency, are harmful to her health and the health of the child, and particularly in 

46 

 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

jobs requiring lifting heavy weights or jobs characterised by harmful radiation or exposure 
to extreme temperatures and vibrations. Article 90 stipulates that an employed woman 
during the first 32 weeks of her pregnancy may not work overtime or at night, should such 
work, according to the findings of a competent medical agency, be harmful to her health 
and the health of the child. Also, an employed woman may not work overtime or at night 
during the last eight weeks of her pregnancy. Article 91 provides that one of the parents 
with a child under  three may work overtime  and/or  at night only upon their  consent in 
writing. A self-supporting parent with a child not older than seven, or a child with a serious 
disability, may work overtime and/or at night only upon their consent in writing. Article 92 
provides  that  an  employer  may  reschedule  the  working  hours  of  an  employed  woman 
during her pregnancy, and of an employed parent with a child under three years, or a child 
with a serious psycho-physical ailment, but only upon consent of the employee in writing. 
These rights  also apply to an adoptive parent and/or  guardian of the child (Article 93). 
Finally, Article 93(a) stipulates that the employer shall provide that the employed woman, 
upon returning to work after the birth of the child, during the first year enjoys the right to 
one or more breaks during working hours with a total duration of 90 minutes, or the right 
to reduce the daily working hours by 90 minutes, in order to be able to breastfeed her 
child, if the  daily  working  hours of  the  employed  woman  equal  six or  more  hours.  The 
break or the reduced working hours shall be considered as part of the working hours that 
shall be compensated to the employed woman by remuneration in the amount of the basic 
earnings, increased by seniority compensation. 

These  provisions  are  in  accordance  with  Articles  4-7  of  Directive  92/85,  and  in  some 
aspects even provide wider protection, especially in relation to the age of children that can 
initiate this special protection.  

5.2.5  Case law on issues addressed in Article 4 and 5 of Directive 92/85 

There is no relevant case law on issues addressed in Articles 4 and 5 of Directive 92/85. 

5.2.6  Prohibition of night work 

The Labour Law prescribes that an employed woman is entitled to special protection during 
the course of pregnancy (Article 12(2)). It also prescribes in Article 89(1) that an employee 
in the course of pregnancy and an employee who is breastfeeding a child may not work at 
jobs  that,  in  terms  of  the  findings  of  a  medical  agency,  are  harmful  to  her  health  and 
health of the child. However, it does not expressly prohibit night work. On the other hand, 
Article 91 prescribes that one of the parents with a child under three years of age, a self-
supporting parent with a child not older than seven years of age, or a child with a serious 
disability, may work at night only on the ground of his/her consent in writing.  

5.2.7  Case law on the prohibition of night work 

There is no relevant case law on the prohibition of night work. 

5.2.8  Prohibition of dismissal  

Dismissal is prohibited in Serbian law from the beginning of the pregnancy until the end 
of the maternity leave. Article 187 of the Labour Law provides that an employer cannot 
cancel  the  employment  contract  with  an  employee  during  pregnancy,  maternity  leave, 
leave for childcare (parental leave) and leave for special childcare. If an employee has a 
fixed-term contract, it will be extended until the expiry of the maternity leave.  

The  decision  to  terminate  the  employment  contract  is  null  and  void  if  at  the  date  of 
termination of employment the employer was aware of the existence of the circumstances 
described above, or if the employee, within 30 days of receipt of the notice of termination, 

47 

 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

informs the employer of the existence of these circumstances, and submits the appropriate 
certificate of an authorised physician or other competent authority.  

Furthermore, Article 183 stipulates that the use of maternity leave, absence from work for 
childcare and absence from work for special childcare are not justified reasons to terminate 
an employment contract.  

The new GEA prohibits dismissal or termination of employment by the employer or public 
authority, as well as declaring the employee redundant, based on sex, gender, pregnancy, 
maternity leave or leave of absence for childcare and leave of absence for special childcare 
(Article 31). 

Serbian law does not allow dismissals in exceptional cases as stipulated in Article 10(1), 
except in one case –  when the company closes down. In that case, payment continues 
during maternity and parental leave. Even if an employee is made redundant during her 
maternity leave, the Labour  Law protects her  from the termination of the employment. 
However, after the return from parental leave, an employer may cancel the employment 
contract with an employee, should there be a justified reason relating to the employee's 
work ability, his conduct, and the employer's needs, should due to technological, economic 
or organisational changes, the performing of a particular job become unnecessary, or the 
scope of the job become reduced (Article 179(9)). However, Article 182 stipulates that in 
this case, the employer may not employ another person to perform the same jobs within 
six  months  from  the  day  of  termination  of  the  employment  relationship.  Should  it  be 
necessary, prior to the expiry of this time limit, to perform the same job, the priority for 
concluding the employment contract shall be applied to the employee whose employment 
relationship was terminated. 

5.2.9  Redundancy and payment during maternity leave 

The  Labour  Law  stipulates  in  Article  157  that  the  criterion  for  establishing  employee 
redundancy may not be the absence from work during maternity leave, a pregnant worker, 
a  worker on maternity and paternity leave,  nor a  worker on leave for special childcare. 
Also, the GEA prohibits the employer declaring the employee redundant during pregnancy 
and maternity leave. 

During maternity leave, the worker is paid 100 % of their salary from the budget of the 
Republic of Serbia. However, the average amount is calculated in different ways. Thus, for 
the first 30 days, 100 % is the average for the previous 12 months, calculated on the basis 
of the total earnings, while after 30 days, 100 % is calculated from the average for the 
previous 3 months. 

5.2.10 Employer’s obligation to substantiate a dismissal 

The employer is not allowed to dismiss an employee from the beginning of her pregnancy 
until the end of her maternity leave, as indicated above. Also, the Labour Law stipulates 
in Article 187(1) that in the course of pregnancy, maternity leave, leave of absence for 
nursing a child and leave of absence for special care of a child, the employer cannot cancel 
the employment contract of the employee. 

If an employee is in fixed-term employment, such employment is automatically extended 
to the end of such leave. 

5.2.11 Case law on the protection against dismissal 

There is relevant case law showing that in some cases women were dismissed after they 
returned from parental leave as redundant due to changes in the business environment. 
Although in those cases the employer claimed that female workers were not dismissed due 

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to their pregnancy and leave, but due to technological and organisational changes in their 
firm,  the  Commissioner  found  that  the  employer  did  not  provide  an  objective  and 
reasonable justification for cancelling an employment contract.173 However, there are also 
some cases in which the employer very openly stated his/her position towards employees 
returning from maternity leave. In one  case, the employer offered the employee  –  who 
had just returned from maternity leave – a termination of her employment by agreement; 
a transfer to a lower post or a declaration of redundancy.174 The director of the company 
even stated that ‘women with young children are not eligible to work in [their] company, 
because  they  need  people  who  will  work  from  8.00  to  22.00’.175  The  Commissioner 
underlined that  such  an  act  was  discriminatory,  and  recommended  for  the  employer  to 
provide appropriate training to all employees working in managerial positions in order to 
overcome  gender  stereotypes  and  prejudices,  and  to  familiarise  themselves  with  anti-
discrimination law.  The director who made the discriminatory  statement  was  advised to 
issue a written apology to the complainants and  in future to refrain from discriminatory 
practices and statements that put women in an unequal position because of their family 
status. 

There are also some cases where the employer did not want to extend a contract due to 
pregnancy  and  this  was  also  considered  as  unlawful  conduct  by  the  Commissioner.176 
Bearing this practice in mind, the Committee on the Elimination of Discrimination against 
Women requires the State to facilitate the return of young mothers to work, in particular 
by maintaining adequate financial support.177 

5.3  Maternity leave 

5.3.1  Length 

According to Article 94(1) of the Labour Law, an employed woman is entitled to leave from 
work due to pregnancy and childbirth (maternity leave), as well as to leave from work for 
childcare  (parental  leave),  of  365  days  altogether.  An  employed  woman  is  entitled  to 
commence maternity leave, based on findings of a competent medical agency, 45 days at 
the  earliest,  and  28  days  in  any  case,  prior  to  the  time  of  the  expected  delivery 
(Article 94(2). The maternity leave shall be  three full months from the day of childbirth 
(Article 94(3)).  

The maternity leave of three full months from the day of childbirth also applies should a 
child be stillborn or die before the expiry of maternity leave (Article 95). 

5.3.2  Obligatory maternity leave 

An  employed  pregnant  woman  must  commence  maternity  leave  28  days  before  the 
expected date of delivery (Article 94(2)) and cannot be on maternity leave for less than 
three full months (Article 94(3)). 

5.3.3  Legal protection of employment rights (Article 5, 6 and 7 of Directive 92/85)  

Article  16(2) of  the  Labour  Law  stipulates  that an  employer  is obliged  to  provide  to  an 
employee conditions of employment and to organise work such as to achieve safety and 

173  See, e.g. Serbia, Commissioner for the Protection of Equality (Poverenik za zaštitu ravnopravnosti), I. S. 

from P. against A.A. doo, complaint No. 07-00-450/2014-02, opinion of 29 January 2015. 

174  The Commissioner for the Protection of Equality (2019), Particular Report in the area of Work and 

Employment (Poseban izveštaj u oblasti rada i zapošljavanja), 156. 

175  A very similar reaction of the employer happened in other cases. For example, in one case, the employer 
advised the employee to terminate the contract as ‘her child is small and it will suffer’. Appellate Court in 
Novi Sad, Gž 1. 1672/17, judgment of 30 May 2016. 

176  See, e.g. Serbia, Commissioner for the Protection of Equality (Poverenik za zaštitu ravnopravnosti), D.M.M. 

against P SCG, complaint No. 07-00-00475/2014-02, opinion of 29 January 2015. 

177  CEDAW, Concluding observations on the fourth periodic report of Serbia, 14 March 2019, 13. 

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protection of life  and health  at  work, in  conformity  with the  law  and  other  regulations. 
Also,  some  other  provisions  were  described  above  which  protect  an  employee  from 
hazardous jobs or from night work during pregnancy. 

5.3.4  Legal protection of rights ensuing from the employment contract  

The Labour Law stipulates in Article 94(7) that during maternity leave and childcare leave, 
a  female  employee  is  entitled to compensation  of  earnings,  in  conformity  with  the law. 
Also, Article 157 provides that the criterion for establishing collective redundancy shall not 
include  the  absence  of  an  employee  temporarily  prevented  from  working  due  to 
pregnancy, maternity leave, and childcare leave. This means that during maternity leave 
a woman has a right to maternity pay.  

5.3.5  Level of pay or allowance 

The  Law  on  financial  support  for  families  with  children178  provides  that  the  amount  of 
maternity pay – which is an allowance from the State – is equal to the average basic salary 
paid in the past 18 months prior to the month in which maternity leave was taken, up to 
a  maximum  amount  of  three  average  salaries  in  Serbia  (Article  13(3)).  The  average 
monthly salary is determined based on data published by the public authority in charge of 
statistics (Article 9(1)).  

Maternity  pay  is  higher  than  sick  pay,  as  sick  pay  is  a  minimum  of  65 %  of  average 
earnings  in  the  preceding  three  months  before  the  month  in  which  the  temporary 
impediment for work occurred, on the condition that it may not be lower than the minimum 
salary, where the impediment for work was caused by illness or injury sustained outside 
work (Article 115(1)).  

5.3.6  Additional statutory maternity benefits 

The amount of maternity pay is equal to the average basic salary. 

5.3.7  Conditions for eligibility (Article 11(4) of Directive 92/85) 

There are no conditions for eligibility for benefits applicable in Serbian legislation.  

5.3.8  Right to return to the same or an equivalent job (Article 15 of Directive 2006/54) 

While  the  Labour  Law  and  the  LPD  include  provisions  on  gender  discrimination  in 
employment, only Article 33(2) of the GEA explicitly provides that an employer is obliged 
to return an employee to the same or an equivalent job after pregnancy, maternity, or 
parental  leave.  Upon  returning  from  maternity  leave,  an  employee  continues  working 
under the terms and conditions applicable until maternity leave and also benefits from any 
improvement  in  working  conditions  to  which  she  would  have  been  entitled  during  her 
absence  unless  changes  have  been  introduced  through  an  annex  to  the  contract  of 
employment.  

5.3.9  Legal right to share maternity leave 

There is no right to share maternity leave in Serbia. 

5.3.10 Case law 

There is no relevant case law concerning maternity leave.  

178  The Law on Financial Support for Families with Children, Official Gazette of the Republic of Serbia, 

Nos. 113/2017, 50/2018, 46/20921; CC decisions 51/2021, 66/2021 and 130/2021. 

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5.4  Adoption leave 

5.4.1  Existence of adoption leave in national law 

The Labour Law provides for adoption leave. Article 97 stipulates that an adoptive parent 
of a child under five is entitled, for taking  care of the child, to be absent from work for 
eight consecutive months, from the day the child arrives  at the adoptive family, and at 
most until the child turns five. If the child is  adopted before it is three months old, the 
adoptive parent is entitled, for the purpose of childcare, to be absent from work until the 
child is 11 months old. This right is stipulated in Article 97(3) and belongs to a person in 
whose  care  the  child  is  for  adaptation  before  establishing  the  adoption,  and  after  the 
adoption to one of the adoptive parents. During the absence from work for the purpose of 
childcare, an adoptive parent is entitled to compensation of earnings in conformity with 
the law. This compensation is also stipulated in Article 10(2) of the Law on financial support 
for families with children.  

5.4.2  Protection against dismissal (Article 16 of Directive 2006/54) 

National legislation does not provide for protection against dismissal of workers who take 
adoption leave and/or specify their rights after the end of adoption leave. However, it can 
be argued that this prohibition exists based on provisions in the Law on the Prohibition of 
Discrimination and the Labour Law (general anti-discrimination provisions).  

However, the  GEA  prescribes  that  the  employer  is  obliged to  return  an  employee  after 
adoption leave to the same or equivalent job (Article 33(1). Moreover, absence from work 
due to adoption cannot be a reason for denying the right to: 1) professional training and 
additional  education;  2)  promotion  and  acquisition  of  a  higher  title,  i.e.  transfer  to  an 
immediately higher executive position, on the basis of acquired conditions, in accordance 
with the law; and 3) use of all improvements in working conditions provided during the 
leave (Article 33(3)). 

5.4.3  Case law 

There is no relevant case law concerning adoption leave. 

5.5  Parental leave 

5.5.1  Implementation of Directive 2010/18 

Directive 2010/18 has not been explicitly implemented in Serbia.  

5.5.2  Applicability to public and private sectors (Clause 1 Directive 2010/18) 

The Labour Law and the GEA, which recognise the right to parental leave, apply to both 
the public and the private sector.  

5.5.3  Scope of the transposing legislation 

The  scope  of  the  Labour  Law  includes  contracts  of  employment  for  part-time  workers, 
fixed-term contract workers, and employment contracts with a temporary agency.  

5.5.4  Length of parental leave 

The total duration of parental leave is from 3 months after the birth of the baby until the 
expiry of 365 days  from the day of commencement of maternity leave (Article 94(4) of 
the  Labour  Law).  However, Article  94(a)(1)  provides  an  even  longer  period of  parental 
leave for an employed woman for the third and every subsequent new-born child for the 

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duration of two years in total. This right is also due to an employed woman who gives birth 
in the first delivery to three or more children, as well as to an employed woman who has 
given birth to one, two or three children, and who gives birth in the subsequent delivery 
to two or more children (Article 94(a)(2)). Also, this right is due to the father of a child, 
but  only  if  the  mother  abandons  the  child,  dies,  or  is  prevented  due  to  other  justified 
reasons to exercise this right (serving a prison term, serious illness, etc.), or if the mother 
is not employed (Article 94(5)).  

5.5.5  Age limits 

Workers are entitled to parental leave until the children are one year old.  

5.5.6  Individual nature of the right to parental leave  

Parental  leave  is  recognised  for  one  parent  of  the  child.  However,  a  father  has  a  very 
limited possibility of acquiring this right. Only the compensation during parental leave is 
subject to agreement between parents and can be changed over time.179  

5.5.7  Transferability of the right to parental leave  

Maternity leave cannot be shared under Serbian law. An employee cannot choose to take 
maternity leave on a part-time basis.  

Parental leave is recognised for one parent. Serbian law recognises parental leave of the 
father in very limited cases, such as if the mother abandons the child, dies, or is prevented 
due to other justified reasons to exercise this right (serving a prison term, serious illness, 
etc.). The father also has this right if the mother is not employed. 

5.5.8  Form of parental leave 

Parental  leave  only  applies  to  a  parent  who  does  not  work  full  time  and  takes  care  of 
his/her child and it cannot be taken piecemeal. 

5.5.9  Work and/or length of service requirements (Clause 3(b) of Directive 2010/18)  

There is no work and/or length of service requirement in order to benefit from parental 
leave. 

5.5.10 Notice period 

There is no notice period.  

5.5.11 Postponement of parental leave (Clause 3(c) of Directive 2010/18) 

There is no situation where the granting of parental leave may be postponed for justifiable 
reasons related to the operation of the organisation. 

5.5.12 Special arrangements for small firms (Clause 3(d) of Directive 2010/18) 

There are no special arrangements for small firms. 

179  Article 4 of the Rulebook on Detailed Conditions and the Manner of Exercising the Right to Financial Support 
to Families with Children, Official Gazette of the Republic of Serbia, Nos. 29/2002, 80/2004, 123/2004, 
17/2006, 107/2006, 51/2010, 73/2010 and 27/2011 – CC decision. 

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5.5.13 Special rules and exceptional conditions for parents of children with a disability or 

long-term illness (Clause 3(3) of Directive 2010/18) 

The parental leave for children with a disability or a long-term illness is the same as for 
parents of other children. However, the Labour Law stipulates in Article 96 that one of the 
parents  of  a  child  in  need  of  special  care  due  to  a  serious  psycho-physical  ailment,  is 
entitled, upon expiry of the maternity and parental leave, to be absent from work, or to 
work half of the full working hours, at most until the child turns  five. This  right can be 
exercised based on the opinion of an agency competent to assess the degree of the child’s 
psycho-physical  ailment, in  conformity  with the  law.  During that time, the  employee  is 
entitled to compensation of earnings, in conformity with the law. While working half of the 
full working hours, the employee shall be entitled to earnings in conformity with the law, 
labour rulebook or collective agreement (general act) and employment contract, and for 
the other half of the full working hours – to compensation of earnings, in conformity with 
the law.180 Article 98 further provides that a parent who takes care of a person suffering 
from cerebral palsy, poliomyelitis, or of a type of paralysis or muscular dystrophy or other 
serious  disease,  based  on  the  findings  of  a  competent  medical  agency,  and  upon  their 
request, may work reduced working hours, but not less than half of the full working hours. 
This  employee  is  entitled  to  appropriate  earnings,  commensurate  to  the  time  spent  at 
work, in conformity with the law, labour  rulebook or collective agreement (general act) 
and the employment contract. According to Article 100, one of two parents of a child with 
disability is entitled to the absence from work until the child turns three.  

5.5.14 Measures  addressing  the  specific  needs  of  adoptive  parents  (Clause  4  of 

Directive 2010/18) 

Serbian law protects adoptive parents by recognising adoptive leave and leave for the care 
of an adoptive child. Rights and obligations that exist between biological parents and their 
children  exist  also  between  adoptive  parents  and  an  adopted  child.  According  to 
Article 97(3), an adoptive parent of a child under five years of age is entitled, in order to 
take care of the child, to be absent from work for eight consecutive months from the day 
of adoption, until the child turns five years old. If the child is three months old on the day 
of  adoption,  an  adoptive  parent  is  entitled  to  be  absent  from  work  until  the  child  is 
11 months old.  

Also,  Article  22(1)  of  the  Labour  Law  prescribes  that  special  protection  and  assistance 
provided  to,  among  others,  adoptive  parents  are  not  considered  to  be  discrimination. 
Article  93  further  prescribes  additional  protection:  adoptive  parents  with  a  child  under 
three years of age may work overtime and by night only with their written consent; and 
an employer may redistribute the working time of an employed adoptive mother.181  

5.5.15 Provisions  protecting  workers  against  less  favourable  treatment  or  dismissal 

(Clause 5(4) of Directive 2010/18) 

The  GEA  in  Article  33(1)  stipulates  that  absence  from  work  because  of  pregnancy  and 
parenthood must not be grounds for assigning a person an inadequate job and terminating 
an employment contract (Article 31). Although not explicitly included in the Labour Law 
and  the  LPD,  less  favourable  treatment  can  be  challenged  through  the  general  anti-
discrimination provisions. 

180  Conditions, procedure, and the manner of exercising the right to be absent from work for special childcare 

is regulated in detail by the Minister in charge of social childcare. 

181  Redistribution of working time means the introduction of longer and shorter working hours, taking into 
consideration the restrictions on the average working time for the reference period, as well as holidays 
(daily, weekly) and the overtime work. 

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5.5.16 Right to return to the same or an equivalent job (Clause 5(1) of Directive 2010/18) 

Upon  returning  from  parental  leave,  an  employee  continues  to  work  in  the  same  or 
equivalent job, as stipulated by Article 33(1) of the GEA.  

5.5.17 Maintenance of rights acquired or in the process of being acquired by the worker 

(Clause 5(2) of Directive 2010/18) 

The rights acquired or in the process of being acquired by the worker on the date on which 
parental leave starts are maintained as they stand until the end of the parental leave. 

5.5.18 Status of the employment contract or relationship during parental leave 

The employment contract remains in force for the duration of the parental leave and during 
this period the contract cannot be terminated. 

There is no work and/or length of service requirement in order to benefit from parental 
leave. However, 100 % of compensation will be provided to a parent who has worked for 
at least six continuous months. For a parent having worked between three and six months 
the compensation will be 60 %, and for less than three months, compensation will be 30 % 
of the salary (Article 12(2) of the Law on financial support for families with children). 

5.5.19 Continuity of entitlement to social security benefits 

There is continuity in the entitlement to social security cover (Article 85(2)(5) of the Law 
on  Social  Protection).  Also,  healthcare  is  covered  during  the  period  of  parental  leave 
(Article 11(2)(2) of the Law on Healthcare), and the Law on Health Insurance recognises 
the right to healthcare provided by virtue of compulsory health insurance covering medical 
examinations  and  treatment  of  women  relating  to  family  planning,  pregnancy,  delivery 
and the postnatal period of up to 12 months after delivery (Article 34(2)).  

5.5.20 Remuneration 

According to the Labour Law, during parental leave, a female employee and/or father are 
entitled  to  compensation  of  earnings,  in  conformity  with  the  law  (Article  94(7)).  The 
parental leave is paid by the employer, who is refunded the amount paid from the budget 
of the State through municipalities. The new GEA guarantees remuneration during parental 
leave, but does not specify the amount (Article 28(1)). 

5.5.21 Social security allowance 

The  social  security  system  in  Serbia  provides  for  an  allowance  during  parental  leave, 
according to Article 85(2)(5), which is a part of birth policies, and is paid in addition to the 
compensation of lost earnings. The amount of this allowance is adjusted twice a year (on 
1 April and 1 October) on the basis of the consumer price index, and currently takes the 
form of parental allowance. 

This  allowance  is  not  recognised  for  adoptive  parents,  as  the  parental  allowance  is  a 
measure of prenatal policy, and its goal is to encourage having children.  

On 28 June 2018, the Serbian Parliament adopted a number of amendments to the Law 
on  Financial  Support  for  Families  with  Children.182  These  amendments  introduced 
substantial  changes  to  the  parental  allowance  scheme.  The  new  parental  allowances 
scheme has been changed by amendments in 2021, mostly for the first-born child.  The 
parental allowance is:  

182  The Law on the Amendments of the Law on Financial Support for Families with Children, Official Gazette of 

the Republic of Serbia, No. 50/2018, entered into force on 7 July 2018.  

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- 
- 

- 

- 

for the first child, EUR 2 600 (RSD 300 000.00); 
for the second child, EUR 2 000 (RSD 240 000.00) in 24 instalments plus EUR 850 
(RSD 100 000 since 1 January 2022); 
for  the  third  child,  EUR  12 200  (RSD  1  440 million)  in  24  instalments  and  plus 
(EUR 850 (RSD 100 000 since 1 January 2022); 
for the fourth child EUR 18 300 (RSD 2 160 million) in 24 instalments.183 

This payment can be canceled in the event that the parents divorce or the partners cease 
their relationship, the beneficiary abandons the child, or the child is not vaccinated. 

5.5.22 More favourable provisions (Clause 8 of Directive 2010/18) 

Serbian  legislation  includes  more  favourable  provisions  in  relation  to  the  duration  of 
parental leave and of leave for the care of a seriously ill child and a child with a disability. 

5.5.23 Case law  

There is no relevant case law concerning maternity and parental leave.  

5.6  Paternity leave 

5.6.1  Existence of paternity leave in national law 

The Labour  Law in Article 77 stipulates that a father  has seven days of paternity leave 
when  his  spouse  gives  birth.  This  is  paid  leave,  which  means  that  a  father  has  100 % 
compensation during the leave. Although the Labour Law recognises only married couples, 
Article 65(5) of the Constitution stipulates that cohabitation is to be equated to marriage 
in accordance with the law.  

5.6.2  Protection  against  unfavourable  treatment  and/or  dismissal  (Article  16  of 

Directive 2006/54) 

Protection against unfavourable treatment and/or dismissal has been provided explicitly 
by the new GEA (Articles 31 and 33(1)), but it is also ensured under the anti-discrimination 
clauses in the Labour Law and the LPD. 

5.6.3  Case law 

The Commissioner gave its opinion that Article 17(7) of the Law on Financial Support for 
Families  with Children stipulates that the father of the child may also be entitled to the 
reimbursement of other income on the basis of the birth and care of the child, if the mother 
is not alive, left the child or is prevented from taking care of the child for objective reasons. 
The Commissioner considers that it is not clear why the father of a child can only receive 
compensation if the mother is not alive, she left the child, or for objective reasons she is 
prevented from taking immediate care of the child. She asked if that means that she is 
primarily responsible for her child? The Commissioner pointed out that there is no objective 
and reasonable justification for making such a difference between men and women and 
submitted an initiative to change the law.184 However, this law has not yet been amended 
in this respect.185  

183  See Roditelj Srbija (Parents of Serbia), Iznos roditeljskog dodatka (The Amount of Parental Allowance), 

https://www.bebac.com/tekst/iznosi-republickog-roditeljskog-dodatka. 

184  Commissioner for the Protection of Equality (Poverenik za zaštitu ravnopravnosti), Initiative for the change 
of the Law on Financial Support for Families with Children, No. 07-00- 100/2018-02, from 27 March 2018. 
See also the case where the Commissioner found discrimination as the right to free preschool education 
was recognised only for a mother of three children, and not for a father of three children. Commissioner for 
the Protection of Equality (Poverenik za zaštitu ravnopravnosti), S.P. from T. against the local council of 
municipality T., complaint no. 07-00- 349/2018-02, opinion from 1 October 2018.  
185  The Commissioner for the Protection of Equality, Regular Annual Report for 2020, 41. 

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5.7  Time off for force majeure 

5.7.1  Time off for force majeure 

The Labour Law prescribes in Article 77(1) that an employee is entitled to paid leave for a 
total  of  up  to  five  working  days  during  the  calendar  year,  in  the  case  of  marriage, 
childbirth,  serious  illness  of  a  close  family  member,  and  in  other  cases  stipulated  by  a 
general act and employment contract. In addition, an employee is also entitled to: 

1) 

five business days following the death of a close family member; 

2) 

two consecutive days for each case of voluntary blood donation, including the day of 
blood donation (Article 77(2)). 

'Close  family  members'  include  spouses,  children,  brothers,  sisters,  parents,  adoptive 
parents, and guardians (Article 77(3)). The employer may also grant the employee leave 
for  other  relatives  and  for  other  persons  living  in  a  joint  family  household  with  an 
employee, for the duration determined by the decision of the employer (Article 77(4)). 

The general act and the employment contract may determine the right to paid leave for a 
period longer than the duration determined above (Article 77(5)). 

5.7.2  Case law 

There  is  no  national  case  law  in  relation  to  unfavourable  treatment  (including  pay  and 
working  conditions)  and/or  dismissal  related  to  (the  taking  up  of)  time  off  for  force 
majeure.  

5.8  Care leave 

5.8.1  Existence of care (or carers’) leave in national law  

The Labour Law stipulates in Article 77(1) that an employee has the right to a paid leave 
of absence for a maximum of seven workdays in a calendar year, in cases of serious illness 
of a member of their immediate family, and in other cases as determined in the general 
act (labour rulebook or collective agreement) and the employment contract. Members of 
the immediate family are considered to be: the spouse, children, brothers, sisters, parents, 
adoptive parents, adoptee, guardian and other persons who live in a joint family household 
with the employee (Article 77(4)).  

However, the Law in Articles 96-100 sets out the leave for special care of a child or another 
person. Article 96(1) provides that one of the parents of a child in need of special care due 
to a serious psycho-physical ailment, shall be entitled, upon expiry of the maternity and 
parental leave, to be absent from work, or to work half of the full working hours, at most 
until  the  child  turns  five.  This  right  is  exercised  based  on  the  opinion  of  an  agency 
competent to assess the degree of the child’s psycho-physical ailment, in conformity with 
the  law.  During  this  leave,  an  employee  is  entitled  to  compensation  of  earnings,  in 
conformity with the law (Article 96(3)). The employee can also request to work half time, 
and in that case, he/she is entitled to compensation for another half of the full working 
hours (Article 96(4)), which means that in this case there is no loss of earnings. Conditions, 
procedure, and the manner of exercising the right to absence from work for special care 
of a child is regulated in detail by the Minister in charge of social childcare. This right also 
pertains to one of the adoptive parents, foster parents, and/or guardian of the child, should 
the child, due to a psycho-physical ailment, need special care (Article 99). They are entitled 
to absence from work until the child turns three (Article 100(1)). 

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Also, according to Article 98(1), a parent or a guardian and/or a person who takes care of 
a person suffering from cerebral palsy, poliomyelitis, or of a type of paralysis or muscular 
dystrophy or other serious disease, based on the findings of a competent medical agency, 
and upon their request, may work reduced working hours, but not less than half of the full 
working  hours.  An  employee  working  reduced  working  hours  is  entitled  to  appropriate 
earnings, commensurate with the time spent at work, in conformity with the law, labour 
rulebook  or  collective  agreement  (general  act)  and  the  employment  contract 
(Article 98(2)). In this case, if an employee works half time, the earnings are also 50 %.  

In any other case, the employer may grant an employee unpaid leave, during which time 
the  rights  and  duties  relating  to  the  employee's  employment  remain,  unless  otherwise 
determined for specific rights and duties by law, labour rulebook or collective agreement 
(general act) and contract of employment (Article 78).  

Moreover, the Labour Law provides other measures to help the employee with a seriously 
ill child or  child with a disability. Article 91(2) protects  a parent with a child that has  a 
serious disability: they can work overtime and/or work at night only upon their consent in 
writing.  

5.8.2  Case law  

There is no relevant case law on time off/care leave. 

5.9  Leave in relation to surrogacy 

Surrogacy  is  still  not  allowed  in  Serbia,  and  the  draft  of  the  Civil  Code  includes  an 
introduction of surrogate motherhood in Serbia.186 However, this right is very restrictive 
as the right is limited to Serbian nationals, or to foreigners residing in Serbia for at least 
three (five) years.187 The aim of this provision is to avoid reproductive tourism. Surrogate 
mothering with cross-border effects gives rise to complicated legal problems as regards 
the  definition  and  recognition  of  legal  parentage  of  the  intended  parents  both  in  the 
countries in which the surrogate mother gives birth to the child, as well as in countries in 
which the intended parents wish to live with their child.188 

The only provision that currently exists in relation to surrogacy is Article 49(18) of the Law 
on  Biomedically  Assisted  Fertilization.189  This  Article  prohibits  in  these  procedures  the 
involvement of a woman who intends to give her child to a third party after its birth, with 
or  without  paying  any  fees  or  achieving  any  tangible  or  intangible  benefits,  as  well  as 
offering services or surrogate motherhood by a woman or any other person with or without 
paying  any  fees  or  achieving  other  tangible  or  intangible  benefits.  Also,  Article  66(1) 
incriminates surrogacy as defined in Article 49(18) and prescribes punishment of 3 to 10 
years’ imprisonment for a mother or any person who offers to be a surrogate mother.  

5.10 Flexible working time arrangements 

5.10.1 Right to reduce or extend working time 

The  Labour  Law  stipulates  in  Article  39  that  an  employment  relationship  may  also  be 
established as part-time employment for either an indefinite or a definite period of time 
(Article  39).  In  this  case,  an  employee  has  all  rights  deriving  from  the  employment 
relationship, proportionally to the time spent at work. However, there is no possibility to 

186  Text available in Serbian at http://www.mpravde.gov.rs/files/NACRT.pdf. 
187  Article 2276 of the draft Civil Code. 
188  Bordaš B., Restriktivni koncept surogat materinstva u radnom tekstu građanskog zakonika Srbije 

(Restrictive Concept of Surrogacy in the draft text of the Civil Code of Serbia), Zbornik radova Pravnog 
fakulteta u Novom Sadu, 3/2015, p. 979. 

189  The Law on Biomedically Assisted Fertilization, Official Gazette of the Republic of Serbia, No. 40/2017, 

113/2017.  

57 

 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

reduce working time per week on request, nor the right to extend working time – in the 
case of structural overtime, for example.  

The  new  GEA  requires  that  social  partners,  in  collective  bargaining  at  all  levels,  work 
together to ensure gender equality in the introduction of flexible working hours to facilitate 
the reconciliation of private and professional life (Article 35(2) (10)). 

5.10.2 Right to adjust working time patterns 

There is no right to adjust working time patterns.  

The Labour Law only provides in Article 92 that an employer may reschedule the working 
hours of an employed woman in course of pregnancy, and of an employed parent with a 
child under three, or a child with a serious psycho-physical ailment, only upon consent of 
the employee in writing. An adoptive parent and/or  guardian of the child has the same 
right (Article 93).  

Also, the Labour Law stipulates that the employer will provide that the employed woman, 
upon returning to work prior to expiry of the first year after the birth of the child, has the 
right to one or more breaks during working hours for a total duration of 90 minutes, or 
the right to reduce the daily working hours by 90 minutes, in order to be able to breastfeed 
her child, if the daily working hours of the employed woman equal six or more hours. This 
break will be considered as a part of the working hours that will be compensated to the 
employed  woman  as  remuneration  in  the  amount  of  the  basic  earnings,  increased  by 
seniority compensation. (Article 93(a)). 

In addition, Article 55(4) prescribes that if the nature of work and the organisation of work 
permit  it,  the  beginning  and  the  end  of  the  working  hours  may  be  determined,  or 
contracted, in a special time interval (flexible working hours). The adjustment of working 
hours can be requested not only in relation to breastfeeding, within the stipulated 40 hours 
per week, but employers in Serbia are still reluctant to introduce this type of work. 

5.10.3 Right to work from home or remotely  

According to Article 42 of the Labour Law, an employment relationship can be established 
to  perform  work  outside  the  employer’s  premises  and/or  at  home.  In  this  case,  an 
employment contract has  to  include,  among other things,  working  hours  in  accordance 
with work standards; type of work and the methods and organisation of work; conditions 
of work and the method of supervision over the employee’s work; the amount of earnings 
for  the  work  performed  and  the  pay-day  schedule;  utilisation  of  the  employee's 
instruments of work and the compensation for their utilisation; reimbursement of other 
work expenses and the way they are defined; and other rights and obligations. However, 
an employee is not entitled to work from home or remotely on request.  

5.10.4 Other legal rights to flexible working arrangements 

There  are  no  possibilities  for  flexible  working  arrangements,  such  as  arrangements  by 
which workers can ‘bank’ hours to take time off in the future.  

5.10.5 Case law  

There is no relevant case law concerning flexible working time arrangements. 

5.11 Evaluation of implementation 

The overall legislation is satisfactory in Serbia. However, its implementation is still weak, 
especially  concerning  parental  leave  for  fathers.  In  2018,  only  300  fathers  took  this 

58 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

opportunity, which is 70 % more than in 2017, while their number in 2019 was 338. In 
the  capital,  Belgrade,  131  fathers  took  this  opportunity.190  Fathers  are  not  taking  this 
opportunity  due to the  existence of traditional gender  stereotypes  and roles, as  well as 
due to the existing procedure, as they can use this right if they are employed, and mothers 
are prevented from taking care of a child or if they abandoned the child. Those who take 
paternity leave mostly work in some lower-paid jobs or are not on good terms with their 
superiors, so that period suits them to ‘get out’ of work.191 

Also, the legislation needs to be changed to allow fathers to use parental leave in the first 
three months after the delivery of a baby, as well as to change the provision of the Law 
on Financial Support for Families with Children which stipulates that the father of the child 
may be entitled to the reimbursement of other income on the basis of the birth and care 
of the child, if the mother is not alive, left the child or is prevented from taking care of the 
child for objective reasons. 

5.12 Remaining issues 

A remaining issue is to allow surrogacy and to abandon the restrictive approach stipulated 
in the draft Civil Code. 

The COVID-19 crisis has brought problems at home, due to the care of children and their 
schooling from home, the purchase of groceries that must be done during working hours, 
as well as general psychological pressure due to confinement and lack of movement.192 It 
often  happened  that  civil  servants  used  the  working  part  of  the  day  for  telephone 
conversations and meetings, doing household chores and responsibilities around children, 
and  then  devoting  the  evening  hours  to  work  obligations  that  require  greater 
concentration,  such  as  preparing  opinions,  drafting  solutions  or  resolving  cases.193  This 
had a significant effect on work-life balance. The closure of schools and kindergartens, and 
the cessation of contact with elderly family members, made it more difficult to organise 
childcare  and  care  for  elderly  and  chronically  ill  household  or  family  members.194  The 
burden  of  this  care  most  often  falls  on  women.  All-day  childcare  became  an  additional 
burden for  parents  who had to go to work during the epidemic, but also for those  who 
worked from home and cared for preschool children or lower grade primary school children, 
helping  them  with school tasks  and  online  classes.  This  work  was  also  done  mainly by 
women, and it posed a particular challenge for single parents. 

190  The Commissioner for the Protection of Equality (2019), Particular Report in the area of Work and 

Employment (Poseban izveštaj u oblasti rada i zapošljavanja), 151. 

191  BLIC, ‘300 fathers in Serbia on paternity leave – Most avoid this possibility, but who are those who still use 
it’ (300 očeva u Srbiji na porodiljskom - Većina izbegava ovu mogućnost, ali ko su oni koji je ipak koriste), 
18 February 2020, https://www.blic.rs/biznis/strategija/300-oceva-u-srbiji-na-porodiljskom-vecina-
izbegava-ovu-mogucnost-ali-ko-su-oni-koji/1y3lb0y. 

192  Serbia social briefing: Working at home during pandemic, 15 October 2020, https://china-

cee.eu/2020/10/15/serbia-social-briefing-working-at-home-during-pandemic/. 

193  Pajvančić, M., Petrušić, N., Nikolin, S., Vladisavljević, A., Baćanović, V., Rodna analiza odgovora na COVID-
19 u Republici Srbiji (Gender Perspective to the Response to COVID-19 in the Republic of Serbia), OSCE, 
Belgrade, March-May 2020, 137. 

194  Pajvančić, M., Petrušić, N., Nikolin, S., Vladisavljević, A., Baćanović, V., Rodna analiza odgovora na COVID-
19 u Republici Srbiji (Gender Perspective to the Response to COVID-19 in the Republic of Serbia), OSCE, 
Belgrade, March-May 2020, 118. 

59 

 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

6 

Occupational social security schemes (Chapter 2 of Directive 2006/54) 

6.1  General (legal) context 

6.1.1  Surveys  and  reports  on  the  practical  difficulties  linked  to  occupational  and/or 

statutory social security issues 

In  respect  of  occupational  pensions,  Serbian  anti-discrimination  law  does  not  cover 
prohibition of discrimination.  

Serbia has no occupational pension insurances. 

6.1.2  Other issues related to gender equality and social security 

N/A. 

6.1.3  Political and societal debate and pending legislative proposals 

N/A. 

6.2  Direct and indirect discrimination 

N/A. 

6.3  Personal scope 

N/A. 

6.4  Material scope 

N/A. 

6.5  Exclusions 

N/A. 

6.6  Laws  and  case  law  falling  under  the  examples  of  sex  discrimination 

mentioned in Article 9 of Directive 2006/54 

N/A. 

6.7  Actuarial factors 

N/A. 

6.8  Difficulties 

N/A. 

6.9  Evaluation of implementation 

N/A. 

6.10 Remaining issues 

N/A. 

60 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

7 

Statutory schemes of social security (Directive 79/7) 

7.1  General (legal) context 

7.1.1  Surveys and reports on the practical difficulties linked to statutory schemes of social 

security (Directive 79/7) 

The pension system in Serbia is  based on the first pillar of compulsory state insurance, 
called  the  ‘Generational  Solidarity  System’.195  There  are  many  surveys  and  reports 
showing that the Serbian pension system needs total reform and that the current situation 
is very unfavourable. It is illustrative to mention one study from 2017, of which the key 
findings  are:  low  adequacy  of  current  pension  system;  the  at-risk-of-poverty  or  social 
exclusion rate for the elderly in 2016 was 31.2 %, while the severe material deprivation 
rate  was  20.9 %,  much  higher  than  EU  28  averages;  the  2014  fiscal-consolidation 
measures imposed cuts on pensions that were above the national average; demographic 
projections  show  rapid  population  ageing,  which  will  increase  the  old-age  (20/64) 
dependency  ratio  to  42.8 %  by  2035;  the  greatest  challenge  will  be  maintaining  the 
sustainability of the Pension Fund as the working-age population shrinks; the provision of 
better  safety  nets  for  the  most  vulnerable  elderly  people,  aged  75+,  by  relaxing  the 
financial  social  assistance  eligibility  conditions  –  this  is  vital,  due  to  rapid  population 
ageing; and there is also a need to increase the coverage of personal pension schemes, 
through  tax  subsidies  and  flexible  investment options  for  the  Voluntary  Pension  Funds, 
which is the third pillar in Serbia.196 

7.1.2  Other relevant issues  

The problems with the pension system in Serbia reflect gender perspective. The pension 
reform in 2014 imposed a phased-in equalisation of the retirement age for women, raising 
it to 65 by 2032. However, the coverage rate of pension payments for people aged 65-79 
was higher for men (89 %) than for women (81.5 %) in 2011, while in 2016 the gender 
gap in coverage rates was 15.0 percentage points.197  

The rates of severe material deprivation for persons aged 65+ and 75+ are 20.9 % and 
21.7 % respectively, almost four times more than the EU 28 averages (5.9 % and 6.1 %). 
Gender  differences  are  prominent,  as  the  above-quoted  rates  are  much  higher  for 
women.198 More than 144 000 women over the age of 65 (14.37 %) and more than 25 000 
men (4.25 %) do not have a pension.199 Women, on average, live longer than men, use 
pensions longer and are at a disadvantage, which causes a greater and longer need for 
various help and support services to provide for their basic living needs.200 In 2019, the 
average  old-age  pension  of  women  was  lower  by  20 %,  and  by  16 %  for  disability 
pensions.  There  is  also  a  pay  gap  in  relation  to  the  type  of  pension.  Beneficiaries  of 
agricultural pensions have the lowest average pensions in nominal value.201 

The share of self-employed pensioners in the total number of old-age pensioners is low, 
at 4.9 % in 2016, although it had increased 2.3 times compared with 2008. The share of 
women in this category is low at 22.2 %, reflecting the low level of participation by women 

195  Anufrijev, A., Dašić, G. (2020) Sustainability of the Pension system of the Republic of Serbia, LIMEN 2019, 

Conference Proceedings, 176. 

196  Pejin Stokić Lj., Bajce J., (2017), ESPN Thematic Report: Assessment of Pension Adequacy in Serbia, 

European Social Policy Network. 

197  Pejin Stokić Lj., Bajce J., (2017), ESPN Thematic Report: Assessment of Pension Adequacy in Serbia, 

European Social Policy Network, 5.  

198  Pejin Stokić Lj., Bajce J., (2017), ESPN Thematic Report: Assessment of Pension Adequacy in Serbia, 

European Social Policy Network, 8. 

199  Gender Equality Strategy 2021 to 2030, 103. 
200  Gender Equality Strategy 2021 to 2030, 105. 
201  Gender Equality Strategy 2021 to 2030, 32. 

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in the self-employment sector.202 However, another important issue with self-employed is 
that they enter retirement earlier than other workers: 34.6 % had fewer than 20 years of 
service, while 77 % retired with fewer than 30 years of service. Therefore, the average 
old-age pension for the self-employed category was EUR 219.70 per month, which is 7.1 % 
lower than the average for the employee category (2016).203 

7.1.3  Overview of national acts 

The statutory schemes of social security are prescribed in several laws.  

The Law on Social Protection204 regulates the principles of social protection, the rights and 
services of social protection, the procedures  for exercising the right  to social protection 
and  the  use  of  social  protection  services,  the  rights  and  obligations  of  social  welfare 
beneficiaries, the establishment and operation of social welfare institutions, the conditions 
under which social protection services can provide other forms of organisation, supervision 
of  the  work  of  social  welfare  institutions,  inspection  supervision  in  the  performance  of 
social welfare activities, the position of professional workers and professional associates, 
support  and  improvement  of  the  quality  of  social  work,  as  well  as  other  issues  of 
importance for social protection. 

The Law on Pension and Disability Insurance205 regulates the mandatory retirement and 
disability insurance, as well as mandatory and disability insurance for persons not covered 
by mandatory insurance, having entered mandatory insurance  and scheme.  Retirement 
and disability insurance assures rights to certain benefits in cases of certain risks stipulated 
by Law: the right to old-age pension, the rights to disability pension, the right to pecuniary 
benefit  for  bodily  damage  and  the  right  to  carer’s  allowance.  These  benefits  assure 
material and social security of contributors. 

The  Law  on  Housing  and  Maintenance  of  Buildings206  regulates  relations  between 
apartment owners with respect to the operation and maintenance of residential, business, 
and residential-business buildings, regulating for the first time forced eviction. 

Article 36 of the GEA prohibits direct and indirect discrimination on the grounds of sex and 
gender in the pension system in terms of the coverage and conditions for access to the 
system, obligations to calculate and pay contributions, including supplementary benefits. 
Direct  and  indirect  discrimination  based on  sex  in social security  systems  is  prohibited, 
especially with regard to: 1) the scope of these systems and the conditions for accessing 
the systems; 2) the obligation to pay contributions and calculation of contributions; and 
3) the  calculation of benefits, including supplementary benefits  paid for the spouse and 
dependent family members and the conditions governing the duration and retention of the 
right to benefits. 

7.1.4  Political and societal debate and pending legislative proposals 

There is an ongoing debate on the reform of the pension system in Serbia. Some of the 
challenges are the ageing population, a financial deficit due to low efficiency in collection 
of  contributions,  the  unstable  economic  situation,  and  the  high  number  of  young 

202  Pejin Stokić Lj., Bajce J., (2017), ESPN Thematic Report: Assessment of Pension Adequacy in Serbia, 

European Social Policy Network, 10. 

203  Pejin Stokić Lj., Bajce J., (2017), ESPN Thematic Report: Assessment of Pension Adequacy in Serbia, 

European Social Policy Network, 10. 

204  The Law on Social Protection, Official Gazette of the Republic of Serbia, No. 24/2011. 
205  The Law on Pension and Disability Insurance, Official Gazette of the Republic of Serbia, Nos 34/2003, 

64/2004 – decision of the CC, 84/2004 – other law, 85/2005, 101/2005 – other law, 63/2006 – decision of 
the CC, 5/2009, 107/2009, 101/2010, 93/2012, 62/2013, 108/2013, 75/2014 and 142/2014, 73/2018, 
46/2019, 86/2019, 62/2021. 

206  The Law on Housing and Maintenance of Buildings, Official Gazette of the Republic of Serbia, Nos 104/2016, 

9/2020. 

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Country report - gender equality – Serbia - 2022 

pensioners. Other challenges include the decline in the standard of living, a huge public 
debt, a high unemployment rate, and the large number of workers who are not registered. 
The  Government  already  increased  the  retirement  age  for  women,  which  in  2023  will 
equalise with men, and redefined minimum and maximum pension. However, there is a 
necessity to fully reform the pension system in Serbia, and given that some measures are 
unpopular,  they  must  be  accompanied  by  at  least  one  measure  that  would  be  widely 
accepted and popular.207 Despite this plan, the European Commission found that there had 
been  no developments.208  The reform  also  needs to be more transparent  as there is no 
real  debate  on  changing  the  pension  system  from  an  income  maintenance  model  to  a 
poverty prevention model. This change will require informing the public that in the future 
the public pension system will only provide a minimum old-age income and that additional 
savings will be necessary. It will be a particular burden on older workers who have neither 
the time nor the financial capacity to accumulate additional savings.209  

7.2  Implementation of the principle of equal treatment for men and women in 

matters of social security 

The principle of equal treatment for men and women in matters of social security has been 
implemented in national legislation. 

The GEA stipulates in Article 36 that public authorities performing activities in the field of 
social care are obliged to provide equal opportunities in providing social care for all users 
of services  and rights  regardless of  their  sex  or  gender, which includes  equal access to 
services  and  rights  in  the  field  of  social  protection,  especially  for  persons  belonging  to 
vulnerable  social  groups.  Vulnerable  social  groups  are  defined  in  Article  6(1)  as  rural 
women,  victims  of  violence,  as  well  as  groups  of  persons  who,  due  to  social  origin, 
nationality, property status, gender, gender identity, sexual orientation, age, mental and 
/or physical disability, life in an underdeveloped area or for another reason find themselves 
in an unequal position. 

The LPD prohibits discrimination that is considered to occur in the case of conduct contrary 
to  the  principle  of  gender  equality,  i.e.  the  principle  of  observing  the  equal  rights  and 
freedoms of women and men in political, economic, cultural and other aspects of public, 
professional, private and family life; this means it also applies to social life (Article 20). 

Finally, the Law on Social Protection prohibits discrimination of the beneficiary of social 
protection based on, inter alia, sex (Article 25).  

Also, the decision of the Commissioner to determine the unconstitutionality of the provision 
of Article 30(1) of the Law on Pension and Disability Insurance refers to the acquisition of 
the right to a widower's family pension. The mentioned provision stipulates that a widower 
acquires the right to a survivor's pension if he has reached the age of 58 by the time of 
his  spouse's death, while a widow acquires that right if she has reached the age of 53. 
Putting a widower at a disadvantage compared to widows is not justified especially from 
the point of view of respecting the principle of solidarity on which the pension and disability 
insurance system is based, and everyone pays contributions equally. The Commissioner 
challenged the constitutionality of this provision, but the Constitutional Court has not yet 
decided on this issue in 2020.210  

207  See for more Stevanović, M., Marković-Blagojević, M., Reform of the Pension System in Serbia and Analysis 
of Growth in the number of Pensioners, Linkages between Education and Employment, Conference Paper, 
October 2014.  

208  European Commission (2021), Serbia 2021 Report, Strasbourg, 19 October 2021, 89. 
209  Matkovic, G., Stanic, K., (2020) ‘The Serbian Pension System in Transition: A Silent Break With Bismarck’, 

Economic Annals, vol. LXV, 129. 

210  The Commissioner for the Protection of Equality (2021) Regular Annual Report for 2020, 41. 

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Country report - gender equality – Serbia - 2022 

7.3  Personal scope 

The personal scope of Serbian law relating to statutory social security schemes is broader, 
as Article 4 of the Law on Social Protection stipulates that each individual or family in need 
of  help  and  support  to  overcome  their  social  and  subsistence  difficulties  and  to  create 
conditions in order to meet their basic needs, has the right to social security, which is a 
public  assistance  scheme.  Article  41  further  specifies  that  the  beneficiary  who  cannot 
achieve basic living conditions with their work, income from property or from other sources 
is entitled to social protection.  

7.4  Material scope 

The material scope of Serbian law relating to statutory social security schemes is broader 
than specified in Article 3(1-2) of Directive 79/9. According to Article 41(3) this scheme 
covers  the  beneficiary  whose  well-being,  security  and  productive  life  in  society  is 
threatened by risk due to age, disability, illness, family and other life circumstances.  

7.5  Exclusions 

Serbian law does not make exclusions from the material scope as specified in Article 7 of 
Directive 79/7. 

7.6  Actuarial factors 

Sex is not used as an actuarial factor in statutory social security schemes.  

7.7  Difficulties 

There are no specific difficulties in Serbia in relation to implementing Directive 79/7.  

7.8  Evaluation of implementation 

It was already said that personal and material scope of Serbian law relating to statutory 
social  security  schemes  is  broader  than  specified  in  Article  3(1-2)  of  Directive  79/9. 
Discrimination is  prohibited in the  areas  of  social  security, including  housing  and social 
housing,  pensions  and  disability  insurance.211  However,  due  to  the  overall  economic 
situation in Serbia, social security benefits are not enough for a decent life.  

7.9  Remaining issues 

The  remaining  issue  is  the  need  to  intensify  efforts  to  promote  equality  and  combat 
discrimination  against  vulnerable  groups  with  regard  to  their  access  to  social  security, 
including particularly Roma women, women with disabilities, and LGBTIQ+ persons.212 For 
Roma women, it is important to highlight that exercise of the right to social welfare benefits 
also depends on birth registration, citizenship and registration of permanent residence. If 
a woman does not possess personal documents, she will not be able to exercise the right 
to social welfare or other social protection services. One research study conducted in 2015 
showed that the right to social protection was exercised by 38 % of women who are right 
holders, and 43 % of men.  Additionally, 27 % of women responded that their  partners 
were holders of the right to social protection, while the same answer was given by only 

211  Law on Social Protection, Official Gazette of the Republic of Serbia, No. 24/2011; Law on Housing and 

Maintenance of Buildings, Official Gazette of the Republic of Serbia, No. 104/2016; Law on Pension and 
Disability Insurance, Official Gazette of the Republic of Serbia, Nos 34/2003, 64/2004 – decision of the CC, 
84/2004, 85/2005, 101/2005, 63/2006 – decision of the CC, 5/2009, 107/2009, 101/2010, 93/2012, 
62/2013, 108/2013, 75/2014 and 142/2014; Law on Contributions for Mandatory Social Insurance, Official 
Gazette of the Republic of Serbia, Nos 84/2004, 61/2005, 62/2006, 5/2009, 52/2011, 101/2011, 7/2012, 
8/2013, 47/2013, 108/2013, 6/2014, 57/2014, 68/2014, 5/2015, 112/2015, 5/2016, 7/2017. 

212  CESCR, Concluding Observations: Serbia, UN Doc. E/C.12/SRB/CO/2, 10 July 2014, Para 7. 

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7 % of men. This points to the prevalence of traditional gender roles in the family including 
a tendency for men to apply to be the right holders on behalf of their families.213 Also, the 
Committee  on  the  Elimination  of  Discrimination  against  Women  recommends  Serbia  to 
conduct  a  comprehensive  survey  to  assess  the  situation  and  the  particular  needs  and 
aspirations of vulnerable groups of women –  such as  Roma women, older  women, poor 
women,  women  with  disabilities,  refugee  and  internally  displaced  women  and  women 
heads of household – and to ensure their economic empowerment.214  

213  Praxis, Alternative Report concerning Serbia to the CEDAW for consideration at the 72nd Pre-Sessional 

Working Group (23-27 July 2018), July 2018, 
https://www.praxis.org.rs/images/praxis_downloads/Alternative_Report_concerning_Serbia_for_cosideratio
n_at_the_CEDAW.pdf.  

214  CEDAW, Concluding observations on the fourth periodic report of Serbia, 14 March 2019, 16. 

65 

 
 
 
 
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8 

Self-employed  workers  (Directive  2010/41/EU  and  some  relevant 
provisions of the Recast Directive) 

8.1  General (legal) context 

8.1.1  Surveys and reports on the specific difficulties of self-employed workers 

The  number  of  self-employed  workers  in  Serbia  is  very  high:  in  2018,  31.64 %  of  all 
workers were self-employed.215 The World Bank reports that in 2020, the number of self-
employed workers decreased to 27.54 %.216 In the 15–64 age group, 31 % of women and 
69 % of men are self-employed. It is similar in other age groups, except for young people 
aged 15-24, in which the percentage of self-employed young men is 78 % compared to 
22 % of young women. Women are mostly self-employed in the services sector (64.6 %) 
and the agricultural sector (30.1 %), while industry is in third place (4.8 %). Men are self-
employed  in  the  agricultural  sector  (43.7 %),  the  services  sector  (40.4 %),  the 
construction sector (8.2 %) and industry (7.7 %). More women than men who are self-
employed work in the informal economy (44.4 % of women versus 34.1 % of men).217  

Self-employed workers  are faced with some barriers.  One survey  showed that  women’s 
entrepreneurship in rural areas is constrained by limited ownership of farmland.218 If rural 
women buy or inherit land, tradition obliges them to register the land in the names of their 
husbands, or other male relatives. This practice prevents women from starting or joining 
agricultural cooperatives. Even if they have farms, their jobs are unofficial, as payments 
are not officially registered at the Statistical Office. Another problem in the agrarian sector 
is mainly related to the impact of tradition and educational structure between inhabitants 
in the rural area. In order to start their own business, women need governmental support 
in  education  programmes,  business  development,  as  well  as  in  promotion  and 
marketing.219  Also,  women  are  faced  with  difficulties  like  credit  access,  market 
information,  potential  market  access  in  business  activities,  so  implementation  of 
innovation  is  not  as  fast  as  business  led  by  men.220  In  one  questionnaire,  women 
entrepreneurs identified the main barriers to their business as: lack of information (60 %), 
unfair competition (60 %), negative attitudes of the environment (20 %), difficult access 
to financing (20 %) and lack of family support (20 %).221 Another study has shown that 
motives to start a business are the need for higher earnings, necessity (unemployment), 
need  for  independence  in  work  and  autonomy,  childcare,  and need to  provide  a  better 
future for the children. The key restrictions on women entrepreneurship in Serbia are lack 
of one’s own capital, lack of managerial knowledge and experience, lack of knowledge of 
the nature of business, childcare, and responsibilities in the home and the family.222 

The Committee on the Elimination of Discrimination against Women is  concerned  about 
the  limited  number  of  women  entrepreneurs,  and  encourages  the  State  to  enhance 
entrepreneurship opportunities.223 

215  Macrotrends, Serbia Self-employed, Total, 

https://www.macrotrends.net/countries/serbia/SRB/SL.EMP.SELF.ZS/self-employed-total-percentage-total-
employment-modeled-ilo-estimate. 

216  Trading Economics, https://tradingeconomics.com/serbia/self-employed-total-percent-of-total-employed-

wb-data.html. 

217  Gender Equality Strategy for 2021 to 2030, 33. 
218  Women’s Access to Economic Opportunities in Serbia, Social Inclusion and Poverty Reduction Unit, the 

World Bank, March 2016, 26. 

219  Maksimovi, G., Otović, S., Demirović, D., Vermezović, T., (2016), A review investigating agrarian female 

entrepreneurship in the Republic of Serbia, Ekonomika poljoprivrede, no. 1, 29 – 46. 

220  Jovanović, O., Women Entrepreneurship in Serbia – Potentials and Constraints, Journal of Women’s 

Entrepreneurship and Education, no. 3-4, 2018, 64. 

221  Jovanović, O., Women Entrepreneurship in Serbia – Potentials and Constraints, Journal of Women’s 

Entrepreneurship and Education, no. 3-4, 2018, 69. 

222  Ivanović-Đukić, M., Petković, S. (2020) Women's Entrepreneurship Serbia in Palalić R. et al. in Women's 

Entrepreneurship in Former Yugoslavia, Springer, 135-160. 

223  CEDAW, Concluding observations on the fourth periodic report of Serbia, 14 March 2019, 15. 

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The crisis has significantly affected the self-employed and the owners of micro- and small 
enterprises  or  shops,  who  were  the  first  to  be  hit  and  needed  maintenance.  There  are 
usually  a  smaller  number  of  women  who  are  self-employed  or  own  small  or  micro- 
businesses.224 

The inclusion of women, especially women from vulnerable groups, in the digital economy, 
green  economy,  circular  economy,  as  well  as  the  application  of  new  technologies,  for 
example  in  the  field  of  waste  recycling  and  wastewater  treatment,  is  important  for 
increasing opportunities in employment and self-employment.225 

8.1.2  Other issues 

In order to understand women entrepreneurs in Serbia, it is important to highlight that 
their dominant financing is by banks, followed by relatives and friends. In addition, grants 
from  the  state/international  financial  organisations  have  also  been  used  in  business 
financing, but to a much lesser extent due to complicated administrative procedures.226 
However,  their  sales  level  increased  from  10  %  (in  2017)  to  20  %  (in  2018)  due  to 
increased investment in  promotional  activities, employees  training  programmes, as  well 
as stronger state support for the development of women entrepreneurship in Serbia in the 
past few years.227 Women also believe that for improving their business performance, it is 
important to organise fairs, conferences, and organised gatherings, but not frequently, as 
they are not able to attend them due to their family responsibilities.228 

8.1.3  Overview of national acts 

In Serbia, there is no specific law on the self-employed. The main piece of legislation in 
the area of self-employment is the Law on Employment and Unemployment Insurance.229 
The  Law  defines  active  employment  measures  as  measures  aimed  at  supporting  self-
employment (Article 43(1)(4)). Article 51 further defines support to self-employment and 
prescribes  in  Article  52  that  further  education  and  training  shall  be  activities  aimed  at 
offering an unemployed person the possibility to undergo theoretical and practical training 
to gain new skills and knowledge in order to find employment, thus creating possibilities 
for  employment  and  self-employment.  Another  important  act  is  the  LPD,  which  in 
Article 16  prohibits  discrimination in  the sphere  of labour,  but  does  not  explicitly cover 
self-employed. 

8.1.4  Political and societal debate and pending legislative proposals 

There  has  been  a  longstanding  debate  on  the  need  to  adopt  a  law  on  social 
entrepreneurship.230 Currently, social entrepreneurship exists only in the form of individual 
initiatives,  addressing  the  problems  of  unemployment  and  social  exclusion.  Social 
entrepreneurship  is  not  adequately  recognised  in  the  Serbian  legal  system,  but  the 
importance  of  this  form  of  entrepreneurship  is  recognised  by  both  the  civil  sector  and 

224  The Commissioner for the Protection of Equality, Regular Annual Report for 2020, 154. 
225  Gender Equality Strategy for 2021 to 2030, 38. 
226  Jovanović O., Women Entrepreneurship in Serbia - Potentials and Constraints, Journal of Women's 

Entrepreneurship and Education, no. 3-4, 2018, 67. 

227  Jovanović O., Women Entrepreneurship in Serbia - Potentials and Constraints, Journal of Women's 

Entrepreneurship and Education, no. 3-4, 2018, 68.  

228  Jovanović O., Women Entrepreneurship in Serbia - Potentials and Constraints, Journal of Women's 

Entrepreneurship and Education, no. 3-4, 2018, 70. 

229  Law on Employment and Unemployment Insurance, Official Gazette of the Republic of Serbia, Nos 36/2009, 

88/2010, 38/2015, 113/2017. 

230  Social entrepreneurship is defined in Article 2(1) of the Draft Law on Social Entrepreneurship and the 

Employment in Social Enterprise as ‘organized social activity of public interest, which is carried out in order 
to create new possibilities for solving social, economic and other problems of the less employed persons 
and their communities, to prevent the emergence and elimination of consequences of social exclusion and 
to strengthen social solidarity and cohesion.’ 

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professionals.231  After  decades  of  work  on  the  draft  law,  the  Law  on  Social 
Entrepreneurship  was  adopted  at 
the  session  of  the  National  Assembly  on 
4 February 2022.232  The  law  is  one  of  the  most  advanced  legal  solutions  for  the  social 
entrepreneurship sector in Europe.  

8.2  Implementation of Directive 2010/41/EU 

Directive 2010/41/EU has not been explicitly implemented in Serbian law.  

8.3  Personal scope 

8.3.1  Scope 

The LPD does not cover self-employment. Nevertheless, the GEA stipulates that measures 
to  achieve  and  promote  gender  equality  include  the  creation  of  equal  opportunities  for 
participation  and  equal  treatment  of  women  and  men  in  the  field  of  self-employment 
(among  other  areas)  (Article  1(2)).  Furthermore,  Article  4(1)  prohibits  discrimination 
based on sex, gender, or sexual characteristics, including any unjustified discrimination, 
unequal treatment or omission (exclusion, limitation or preference), in an overt or covert 
manner, in relation to persons or groups of persons, as well as members of their families 
or  persons  close  to  them,  including  in  self-employment.  Moreover,  Article  25(3)(3) 
proclaims that public authorities directly or through the body responsible for cooperation 
with  civil  society,  must  cooperate  with  civil  society  organisations,  especially  in  labour, 
employment, and self-employment. 

In addition, the Labour Law in Article 20 prohibits discrimination with regard to access to 
employment, selection and recruitment (Paragraph 1), and job promotion (Paragraph 4), 
and does not cover self-employment and occupation. However, the Law on Employment 
and  Unemployment  Insurance  governs  employment-related  activities  and  institutions 
competent for employment affairs, rights and obligations of the unemployed person and 
the  employer,  active  employment  policy,  unemployment  insurance  and  other  matters 
relevant to employment, creating employment and preventing long-term unemployment 
in the  Republic  of  Serbia  (Article  1).233  This  Law covers  self-employment.  Article 43(4) 
includes  in  the  active  employment  measures  the  support  to  self-employment,  while 
Article 51 defines this support. Article 52 stipulates further education and training in order 
to  promote  self-employment. Article 5(1)  prohibits  discrimination  as  it is  defined in the 
LPD  and  guarantees  freedom  of  choice  of  employment  and  occupation.  Employment 
activities  comprise  dissemination  of  information  on  employment  opportunities  and 
conditions;  job  matching  in  Serbia  and  abroad;  vocational  guidance  and  career 
counselling; and implementation of active employment policy measures (Article 6).  

8.3.2  Definitions 

Article  51(2)  of  the  Law  on  Employment  and  Unemployment  Insurance  defines234  self-
employment as:  

‘starting a sole proprietorship, cooperative, agricultural estate or some other form of 
entrepreneurship  by  an  unemployed  person  or  jointly  by  a  group  of  unemployed 

231  Damnjanović, A., Danilović, N., Ristić, Z., Social Entrepreneurship in Serbia – the Entrepreneurial Spirit 

leading to Social Changes, 21st International Scientific Conference on Economic and Social Development, 
Belgrade, 18-19 May 2017, 308.  

232  Law on Social Entrepreneurship, Official Gazette of the Republic of Serbia, No. 14/2022, 15 February 2022. 

The Law will enter into force on 15 November 2022. 

233  Law on Employment and Unemployment Insurance, Official Gazette of the Republic of Serbia, Nos 36/2009, 

88/2010, 38/2015, 113/2017. 

234  Law on Employment and Unemployment Insurance, Official Gazette of Serbia, Nos 36/2009, 88/2010, 

38/2015, 113/2017.  

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persons, as well as establishing a company if the founder enters into a contract of 
employment with the company.’  

In other words, self-employed workers are those who, working on their own account or 
with  one  or  a  few  partners  or  in  a  cooperative,  hold  the  type  of  jobs  defined  as  ‘self-
employment jobs’, i.e. jobs where the remuneration is directly dependent upon the profits 
derived from the goods and services produced. 

Under Article 83 of the Company Law235 the entrepreneur is a natural person who performs 
business activities with the aim of generating income and who is registered in accordance 
with  the  Law  on  the  procedure  for  registration  in  the  Business  Registers  Agency.236 
Entrepreneurs  are  responsible  with  all  of  their  assets  for  liabilities  arising  from  their 
business activities, including the assets resulting from their business activities.  

8.3.3  Categorisation and coverage 

In Serbia, all self-employed workers are considered part of the same category.  

8.3.4  Recognition of life partners 

Life partners are still not recognised in Serbia. However, during 2018, two draft laws were 
submitted to the National Assembly in order to recognise life partners: the draft law on 
Registered Same-Sex Partnership, as  well as the draft amendments to the Family Law, 
which  in  Article  1  recognises  same-sex  partners  and  equalises  them  with  common-law 
marriage. The two laws have not yet been adopted. 

8.4  Material scope 

8.4.1  Implementation of Article 4 of Directive 2010/41/EU 

Serbian law has not implemented Article 4 of Directive 2010/41/EU explicitly in relation to 
self-employed activities, although it can be argued that Article 2(1) of the GEA includes it 
as it stipulates that gender equality means equal participation of women and men in all 
fields  of  the  public  and  the  private  sector,  and  that  the  prohibition  of  harassment  and 
sexual harassment, as well as of the instruction to discriminate apply, also in this area. 
Thus, the material scope of national law relating to equal treatment in self-employment is 
more restricted than specified in Article 4 Directive 2010/41/EU. 

8.4.2  Material scope 

The  LPD  does  not  recognise  the  self-employment  as  a  particular  area  of  law  which  is 
expressly  protected  by  this  piece  of  legislation.  However,  Article  16(2)  prohibits 
discrimination in the labour force and protects ‘any person participating in the work on any 
basis.’ Bearing this in mind, it can be argued that the self-employed person is protected 
from  any  form  of  discrimination  stipulated  in  the  LPD.  However,  further  judicial 
interpretation is required in order to clarify this issue. 

8.5  Positive action 

The GEA in  Article  27  provides  that  the  National  Employment  Service  and  employment 
agencies  need  to  provide  equal  employment  opportunities  for  women  and  men  and 
members of vulnerable social groups, including in self-employment. It is not considered 
discrimination  to  create  incentives  for  employment  and  self-employment  of  hard-to-

235  The Company Law, Official Gazette of Serbia, Nos 36/2011, 99/2011, 83/2014, 5/2015, 44/2018, 95/2018, 

91/2019. 

236  The Law on the procedure for registration in the Business Registers Agency, Official Gazette of Serbia, 

Nos 99/2011, 83/2014, 31/2019, 109/2021. 

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employ  categories  of  persons,  such  as  women,  pregnant  women,  mothers,  victims  of 
domestic violence, victims of gender-based violence, parents, persons under 18, persons 
over  45,  persons  with  disabilities,  persons  of  different  sexual  orientation  and  gender 
identity,  members  of  the  Roma  national  minority  and  others.  It  is  also  not  considered 
discrimination  to  create  incentives  for  the  development  of  entrepreneurship  among 
women. 

The  Labour  Law  stipulates  in  Article  156  that  the  public  organisation  in  charge  of 
employment is bound to communicate to the employer a proposal of measures with the 
aim of preventing or reducing, as much as possible, the number of notices of cancellation 
of  employment  contracts,  and/or  to  ensure  retraining,  additional  training,  self-
employment  and  other  measures  aimed  at  finding  new  employment  for  redundant 
employees. 

Despite  the  fact  that  the  Serbian  Government  supports  women’s  entrepreneurship,237 
together  with  local  self-governments,  international  organisations  and  NGOs,  women  in 
Serbia face more unfavourable conditions  for the development of their  enterprises than 
men  due to their  position  in  the  labour  market,  the  gender  gap in  property  ownership, 
greater involvement of women in the home, and the still strong gender stereotypes which 
cause a lack of confidence among women and influence their willingness to initiate their 
own  business  venture.238  The  main  problems  are:  difficulty  in  obtaining  funds  from 
financial  institutions  and  lack  of  initial  capital,  inadequate  tax  incentives,  the  property 
usually  being  registered  in  the  husband’s  name,  weak  business  contacts,  the  lack  of 
information,  inflexible  childcare,  difficulties  in  adjusting  to  family  and  business  duties, 
etc.239  

8.6  Social protection 

Serbia  has  a  system  for  social  protection  of  self-employed  workers.  A  self-employed 
woman has a right to maternity leave and parental leave for 365 days, and the right to 
leave for special childcare. A self-employed woman during maternity and parental leave 
has a right to compensation, according to Article 10 and 11 of the Law on financial support 
to families with children. Pursuant to this Law, the total amount of compensation is defined 
under Article 11 of the Law, and its recipients are persons who prior to the exercise of this 
right had been self-employed for more than six months continuously. 

They also enjoy healthcare protection during pregnancy and maternity and parental leave.  

In Serbia, there is only one system of social protection, and there is no choice between 
various systems.  

8.7  Maternity benefits 

Article 8 of Directive 2010/41/EU regarding maternity benefits for self-employed persons 
has been implemented in Serbian law.  

The Labour Law stipulates in Article 203 that an individual can independently perform an 
activity as entrepreneur, in conformity with the law.  

237  For example, every three years, the autonomous administrative body responsible for gender equality 

presents a programme to encourage employment and self-employment of women, which includes measures 
and activities to encourage employment and self-employment of women who have been jobless for more 
than two years, single parents, mothers with children under three, and women who have been made 
redundant. 

238  See Arandjelovic, R. Fuelling the Economic Potential of Women in Serbia, Overview of the situation in 

female entrepreneurship in Serbia, obstacles most often encountered by women in business and proposed 
answers, 5, http://ebooks.ien.bg.ac.rs/1299/1/jovanovic%2C%20lazic.pdf. 

239  National Strategy for Gender Equality, Official Gazette of the Republic of Serbia, No. 04/2016, 19. 

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The new Law on Financial Support to Families with Children, which came into effect on 
1 July  2018,  expands  the  categories  eligible  for  maternity  allowance  to  include  self-
employed women, owners of agricultural properties and those under work engagement, 
as well as unemployed women who realised income in the period of 18 months before the 
birth of the child. 

A self-employed woman has a right to maternity leave and parental leave for 365 days, 
and the right to leave for special childcare. A self-employed woman during maternity and 
parental leave has a right to compensation, and the basis for calculating the amount of 
compensation is the taxable profit in the last 12 months prior to maternity leave.240 This 
means that maternity allowance depends on prior profit. A self-employed woman has the 
possibility  to  temporarily  close  shop,  or  to  temporarily  entrust  that  activity  to  another 
person  (Article  2(3)(7)  of  the  Rulebook).  The  payment  is  made  by  the  Municipality  in 
monthly instalments.  

The maternity allowance for self-employed women is granted on a mandatory basis and 
there is no choice between systems.  

However, according to the Law on Financial Support to Families with Children, all mother-
entrepreneurs,  who  are  not  engaged  under  an  employment  contract  have  different 
treatment compared to women who are employed. The benefit that an employed woman 
receives during maternity leave is called the ‘salary benefit’, while women entrepreneurs 
receive  ‘other  benefits’.  These  two  categories  are  calculated  differently.  Wage 
compensation is calculated as the average wage in the 18 months preceding the start of 
maternity leave or maintaining pregnancy if this is the case. The entire average includes 
the  net  fee  and  the  corresponding  contributions.  The  employed  mother  receives  a  net 
compensation on the account, and the state pays contributions in her name while she is 
on  leave.  Maternity  leave  lasts  until  the  child’s  third  month,  and  then  the  period  of 
childcare begins, which expires when the child turns one year old. For the third and every 
following child, the employed mother receives two years of leave and during that time she 
has  health  insurance.  The  gross  base  on  which  the  avarage  contributions  were  paid  in 
18 months  prior  to  maternity  is  taken,  then  divided  by  1.5  and  that  is  the  amount  of 
compensation that the mother-entrepreneur will receive until the end of the leave. Benefits 
are  calculated  from  the  birth  of  the  child,  and  not  from  the  start  of  maternity  leave, 
although  maternity  leave  and  childcare  together  also  last  one  year.  Unlike  employed 
women, women entrepreneurs are entitled to only one year of leave for each child. 

8.8  Occupational social security 

8.8.1  Implementation of provisions regarding occupational social security 

This is not applicable, as occupational social security is not recognised in Serbia.  

8.8.2  Application  of  exceptions  for  self-employed  persons  regarding  matters  of 

occupational social security (Article 11 of Recast Directive 2006/54) 

N/A. 

8.9  Prohibition of discrimination 

N/A. 

240  Article 2(3)(6) and Article 9(3) of the Rulebook on Detailed Conditions and the Manner of Exercising the 

Right to Financial Support to Families with Children. 

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8.10 Evaluation of implementation 

Article  14(1)(a)  of  Recast  Directive  2006/54  has  not  been  explicitly  implemented  in 
Serbian law as regards self-employment. 

8.11 Remaining issues 

One  of  the  remaining  issues  is  to  remove  the  existing  barriers  in  relation  to  the  self-
employed. Women entrepreneurs in Serbia are confronted with significant barriers in their 
everyday business activities, especially taking into account the difficulties in accessing the 
necessary  information  about  potential  markets  and  technology  and  even  the  potential 
sources for their financing. At the same time, they are faced with family care activities and 
other social norms,241 which limit their performance. Women’s entrepreneurship in rural 
areas is constrained by limited ownership of farmland, mainly due to traditional practice 
that  obliges  them  to  register  the  land  in  the  names  of  their  husbands,  or  other  male 
relatives, if they buy it or inherit it, and this practice needs to be changed.  

The  COVID-19  pandemic  has  especially  affected  the  self-employed  and  the  owners  of 
micro- and small enterprises or shops.242 Recent research confirms that already vulnerable 
workers – informally employed and self-employed, as well as women and young people – 
are  at  the  highest  risk  of  suffering  from  the  economic  downturn.243  Temporary  income 
support schemes have been used for self-employed workers who are not generally eligible 
for  employment retention measures.  However, it was not enough to protect them  from 
financial crisis. Women entrepreneurs were exposed to a difficult financial situation by the 
accumulation of costs at home and work and the lack of opportunity to secure earnings. 
The most substantial relief, the reduction of the amount of rent for business premises, i.e. 
deferred payment of this amount, entrepreneurs themselves negotiated with the owners 
of the space in which they perform activities.244 Therefore, women entrepreneurs who are 
the owners of business premises were in a better situation. The greater impact of the crisis 
on workers and micro-enterprises already  in a vulnerable position in the labour  market 
risks exacerbating working poverty and existing inequalities. 

241  Jovanović O., Women Entrepreneurship in Serbia - Potentials and Constraints, Journal of Women's 

Entrepreneurship and Education, no. 3-4, 2018, 60. 

242  The Commissioner for the Protection of Equality, Regular Annual Report for 2020, 154. 
243  ILO, COVID-19 and the World of Work Rapid Assessment of the Employment Impact and Policy Responses, 

Serbia, 2020, 32. 

244  Pajvančić, M., Petrušić, N., Nikolin, S., Vladisavljević, A., Baćanović, V., Rodna analiza odgovora na COVID-
19 u Republici Srbiji (Gender Perspective to the Response to COVID-19 in the Republic of Serbia), OSCE, 
Belgrade, March-May 2020, 142. 

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9 

Goods and services (Directive 2004/113)245 

9.1  General (legal) context 

9.1.1  Surveys and reports about the difficulties linked to equal access to and supply of 

goods and services 

There  are  no  comprehensive  surveys  and  reports  about  the  difficulties  linked  to  equal 
access to and supply of goods and services. 

9.1.2  Specific  problems  of  discrimination 

in 

the  online  environment/digital 

market/collaborative economy 

There  are  no  specific  problems  of  discrimination  in  the  online  environment/digital 
market/collaborative  economy.  However,  there  is  a  need  to  establish  business 
environment and innovative solutions to overcome the traditional challenges and facilitate 
Serbia's transition to the digital economy era. The aim is to stimulate, among other things, 
entrepreneurial growth and development of a knowledge-based society in Serbia.246 

9.1.3  Political and societal debate 

There is an ongoing debate on the need to have more government investments in digital 
infrastructure, to support the necessary legal framework and to develop entrepreneurial 
and digital competencies, in order to improve the digital agenda for Serbia. 

9.2  Prohibition of direct and indirect discrimination 

Whereas the LPD in Article 17(1) prohibits discrimination in the provision of public services, 
but not goods, the new GEA for the first time in Article 3 explicitly provides that gender 
equality  presupposes  equal  opportunities  and  rights  in  relation  to  access  to  goods  and 
services.  Moreover,  Article  50  deals  with  access  to  goods  and  services.  Therefore,  the 
provision prohibits discrimination based on sex or gender in access to goods and services 
and any  restrictions on access to services, as well as the availability of goods and their 
procurement on the basis of sex or gender, in the public and private sectors.  

9.3  Material scope 

The material scope of Serbian law relating to access to goods and services is the same as 
specified in Article 3 of Directive 2004/113.  

Article 50 of the GEA  guarantees  equal  access  to  goods  and  services  in  the  public  and 
private sectors. All individuals are free to enter into contracts  and choose a contractual 
partner  for  a  particular  job.  An individual  who delivers  goods  or  provides  services  may 
have a number of subjective reasons for choosing a contractual partner, which must not 
be based on the sex or gender of a particular person. This provision applies to all persons 
who supply goods and provide services  available to the public, whether in the public or 
private sector, offered outside the sphere of private and family life and business in that 
context. 

However, the LPD is more restrictive in its scope. 

245  See e.g. Caracciolo di Torella, E., and McLellan, B., (2018) Gender equality and the collaborative economy 

European network of legal experts in gender equality and non-discrimination, 
https://www.equalitylaw.eu/downloads/4573-gender-equality-and-the-collaborative-economy-pdf-721-kb. 

246  More on this issue, see Pitić, G., Savić, N., Verbić, S., Digital Transformation and Serbia, Ekonomika 

preduzeća, 20 January 2018.  

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The LPD states in Article 17(1) that discrimination occurs:  

‘if  a  legal  or  physical  entity,  within  the  framework  of  its/his/her  activities  or 
profession, refuses to provide a service on the grounds of a personal characteristic 
of an individual or a group of persons, or if the said entity, in order to provide the 
service in question, requires the fulfilment of some condition that is not required of 
other individuals or group of persons, or if the said entity unwarrantedly gives priority 
to another individual or a group of persons when it comes to providing a service.’  

In other words, the term 'public services' refers to services available to the public (whether 
by private or public authorities, entities, companies, etc.). Furthermore, Article 17(2) of 
the LPD also guarantees to everyone:  

‘the right to equal access to premises in public use (premises where the head offices 
of  public  administration  organs  are  located,  premises  used  in  the  sphere  of 
education, healthcare, social welfare, culture, sports, tourism, premises used for the 
purpose  of  environmental  protection,  protection  against  natural  disasters  and  the 
like),  as  well  as  public  spaces  (parks,  squares,  streets,  pedestrian  crossings  and 
other public transport routes, etc.), in accordance with the law.’  

In relation to services, the scope is therefore equal as it also applies both to the public and 
to the private sector, including public bodies and outside the area of private and family 
life.  

The LPD does not expressly prohibit discrimination in the provision of goods and services 
more broadly, such as in retail, hospitality, entertainment, accommodation and housing 
industries, and public  housing; but the decisions  of the Commissioner have determined 
that the prohibition applies in such areas.247 

9.4  Exceptions 

There  are  no  explicit  exceptions  from  the  material  scope  as  specified  in  Article  3(3)  of 
Directive 2004/113, regarding the content of media, advertising and education.  

9.5  Justification of differences in treatment 

Differences  in  treatment  in  the  provision  of  goods  and  services  cannot  be  justified  in 
Serbian law, except for indirect discrimination when difference in treatment is justified by 
a lawful objective and the means of achieving that objective are appropriate and necessary 
(Article 7 of the LPD).  

However, the GEA explicitly states that a violation of the principle of equal treatment of 
women  and  men  is  not  considered  discrimination  if  the  delivery  of  goods  and  services 
exclusively or  primarily to members of one sex is justified by a legitimate aim, and the 
means to achieve that aim are appropriate and necessary (Article 50(7)). 

9.6  Actuarial factors 

The Law on Insurance248 does not address the use of sex as a factor in the calculation of 
premiums  and  benefits  for  the  purpose  of insurance  and  related  financial  services.  The 
GEA, however, prohibits gender discrimination in all areas of life (Article 4), but in practice, 
for some forms of insurance (such as life and health insurance) individuals’ premiums and 
benefits depend on different factors (age, occupation, duration of premium), including sex. 

247  Petrušić, N., Beker, K. (2018), Equality in Practice in Serbia, Implementing Serbia's Equality Laws, Equal 

Rights Trust, 58. 

248  Law on Insurance, Official Gazette of the Republic of Serbia, No. 139/14, June 2015. 

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The new GEA prescribes in Article 50 that an insurance company may not, on the basis of 
insurance  contracts  and/or  contracts  for  related  financial  services  with  insurance,  use 
gender  as  a  factor  in  the  calculation of  premiums  and fees  that leads  to  differences  in 
individual premiums and fees. Expenses related to pregnancy and maternity leave do not 
result  in  a  difference  in individual  premiums  and  benefits.  The  National  Bank of Serbia 
prescribes the manner in which the uniform application of the provision by the insurance 
company  will  be  ensured.  If  the insurance  company  acts  contrary  to  the  provision,  the 
National Bank of Serbia can impose measures and/or fines on that company in accordance 
with the law governing insurance. 

In one case before the Commissioner, a female client had accidentally discovered that her 
insurance  company  prescribed  different  amounts  of  premium  for  men  and  women 
(EUR 276.84 for women and EUR 168.72 for men).249 The Commissioner found that the 
LPD was  applicable to the premium and that this  amounted to sex discrimination which 
was  not  justified  due  to  the  fact  that,  compared  to  men,  women  did  not  receive  any 
additional  health  services  which  were  covered  by  their  premium.  In  2019,  another 
complaint was submitted by J.L.S., in the name and with the consent of her daughter L.S., 
against  the  company  A.D.,  claiming  the  use  of  sex  as  a  factor  in  the  calculation  of 
premiums for non-life insurance.250 She claimed that the premium for non-life insurance 
was  EUR  100  higher  for  women.  She  discovered  this  difference  in  pricing  when  she 
compared the premium she paid with that of her nephews, S. and S.S., who paid a lower 
premium  for  the  same  insurance.  J.L.S.  stated  that  this  difference  in  the  amount  of 
premium  for  men  and  women  was  explained  by  the  agent  of  the  company  in  a 
correspondence  email  sent  to  her  as  a  ‘company  house  policy’,  confirming  that  the 
premium is more expensive for women. However, company A.D. pointed out that this is a 
misunderstanding in communication, and that the agent cannot use any tariff other than 
unisex tariffs. 

The Commissioner found that in 2016, the Executive Board for non-life insurance made a 
decision to apply a single insurance premium for men and women for  private voluntary 
health  insurance  and  for  combined  voluntary  health  insurance.  Therefore,  the 
Commissioner noted that the fact that some previously concluded contracts  have lower 
established premiums is a consequence of the fact that the contracts were concluded for 
a different period of time and that different premiums were in force at the time of their 
conclusion.  However,  it  was  established  that  the  tariffs  premium  for  private  voluntary 
health  insurance  and  the  tariffs  premium  for  combined  voluntary  health  insurance  in 
addition to the amounts for unisex premiums, also contain columns with specific amounts 
for men and women, which serve the purpose of certain internal reporting and financial 
analysis.  Therefore,  the  Commissioner  recommended  to  company  A.D.  to  inform 
employees in writing of the purpose of the data in the tables relating to men and women 
or to delete them, in order to avoid misunderstandings in future communications between 
employees  and  clients.  It  is  evident  that  after  the  Commissioner's  opinion  delivered  in 
2016, the single premium for women and men was introduced. However, what is not clear 
from this opinion is what specific columns with different amounts for men and women were 
included in the tariffs and what exactly was their purpose. It shows that this is an area in 
which more careful observance is needed in order to avoid discrimination based on sex in 
the calculation of premiums. 

9.7  Interpretation of exception contained in Article 5(2) of Directive 2004/113 

The exception of Article 5(2) of Directive 2004/113  has not been interpreted in Serbia. 
Risk factors based on sex in connection with insurance premiums and benefits are used in 

249  Commissioner for the Protection of Equality (Poverenik za zaštitu ravnopravnosti), M. J. against U. 

insurance, complaint No. 07-00-93/2016-02, opinion from 10 June 2016. 

250  Commissioner for the Protection of Equality (Poverenik za zaštitu ravnopravnosti), J.L.S. v A.D., complaint 

No. 07-00-54/2019-02, opinion from 28 May 2019. 

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practice  and  are  still  not  considered  to  be  incompatible  with  the  principle  of  equal 
treatment of men and women. 

9.8  Positive action measures (Article 6 of Directive 2004/113) 

The GEA explicitly states that a violation of the principle of equal treatment of women and 
men is not considered discrimination if the delivery of goods and services exclusively or 
primarily to members of one sex is justified by a legitimate aim, and the means to achieve 
that aim are appropriate and necessary (Article 50(7)). Furthermore, Article 4(8) explicitly 
states that special measures taken to eliminate and prevent the unequal position of women 
and  men  and  to  achieve  equal  opportunities  for  women  and  men  are  not  considered 
discrimination based on sex, sexual characteristics or gender in all areas of life, including 
access to goods and services. 

9.9  Specific problems related to pregnancy, maternity or parenthood 

Serbian  legislation  does  not  make  any  specific  reference  to  pregnancy,  maternity  and 
parenthood in relation to access and supply of goods and services as a source of gender 
discrimination.  As  a  consequence,  discriminatory  practices  are  less  visible  and  more 
difficult to tackle. However, the past few years have seen an increase in the establishment 
of new services aimed to help parents during parenthood, such as private kindergartens, 
childcare services, playgrounds, etc. Also, it is important to mention Article 25 of the GEA, 
which stipulates that social and healthcare institutions and other institutions dealing with 
the protection of women and children are obliged to adjust their  work  organisation  and 
working hours to the requirements of their clients. 

9.10 Evaluation of implementation 

It has already been mentioned that the material scope of Serbian law relating to access to 
goods and services is more restricted than that specified in Article 3 of Directive 2004/113, 
as  it  does  not  explicitly  cover  goods  in  the  LPD.  However,  the  Commissioner  applies 
Article 17 of the LPD very broadly, which stipulates the prohibition of discrimination in the 
provision of goods. Also, the new GEA introduced  a  provision on equal access to goods 
and services in the public and private sphere, but it is yet to be seen how this provision 
will be implemented in practice. 

9.11 Remaining issues 

The remaining issue is to secure access to public buildings, which in the majority of cases 
are not accessible, or are partially accessible. This issue has a gender dimension in relation 
to women with disabilities, as the share of women in the total population of  people with 
disabilities in Serbia is significantly higher (58.2 % women compared to 41.8 % of men), 
as well as in the share of the population older than 65 years (60.3 % of women compared 
to 39.7 % of men).251 Also, access to health and social services must be secured, especially 
for older women living in rural areas.252  

People  with  disabilities  found  themselves  in  particular  difficulties  during  a  state  of 
emergency  due  to  the  COVID-19  pandemic. Problems  they  usually  live  with  regarding 
accessibility, availability of health services and various  support  services have now been 
further intensified.253 Many persons with disabilities agreed with the introduction of strict 

251  Krstic, I., Beker, K. (2017), Situation Analyses of Legal Capacity and Persons with Disabilities in Serbia 

(Situaciona analiza – poslovna sposobnost i osobe sa invaliditetom u Srbiji), MDRI, Belgrade.  

252  Siva knjiga javnig usluga (Silver book of public services), Evropski pokret u Srbiji, Centar za evropske 

politike, Belgrade, 2018, 23, http://www.emins.org/wp-content/uploads/2018/05/2018_Siva-knjiga-javnih-
usluga.pdf; CEDAW, Concluding observations on the fourth periodic report of Serbia, 14 March 2019, 15. 
253  Pajvančić, M., Petrušić, N., Nikolin, S., Vladisavljević, A., Baćanović, V., Rodna analiza odgovora na COVID-
19 u Republici Srbiji (Gender Perspective to the Response to COVID-19 in the Republic of Serbia), OSCE, 
Belgrade, March-May 2020, 97. 

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measures,  primarily  counting  on  the  fact  that  they  will  receive  a  greater  degree  of 
protection.  However,  in  the  organisation  of  everyday  life,  the  most  diverse  problems, 
issues, and doubts have been resolved too late and only at the request of representatives 
of NGOs. In addition to access to health and other support services, there was a problem 
with  the  provision  of  timely  and  adequate  information,  mobility  and  obtaining  permits, 
especially  in  smaller cities  and  villages.  Providing  access  to  regular  health  services  and 
therapies,  examinations  and  psychological  support  during  crises,  including  affordable 
health facilities related to treatment, as well as clear and efficient procedures for providing 
healthcare  services  in  crises,  are  some  of  the  challenges  arising  from  the  COVID-19 
crisis.254 

254  The Commissioner for the Protection of Equality, Regular Annual Report for 2020, 13. 

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10  Violence against women and domestic violence in relation to the Istanbul 

Convention 

10.1 General (legal) context 

10.1.1 Surveys and reports on issues of violence against women and domestic violence 

In  2018,  the  OSCE  conducted  a  survey  on  the  Well-being  and  Safety  of  Women  in 
Serbia.255  It  included  a  quantitative  and  qualitative  component,  covering  15  expert 
interviews;  a  survey  of  a  representative  sample  of  2  023  women  aged  18-74  living  in 
Serbia;  8  focus  groups  with  women  from  various  backgrounds;  as  well  as  4  in-depth 
interviews  with  women  on  the  violence  they  have  experienced.  The  survey  on  a 
representative sample revealed a number of trends and findings about the prevalence of 
violence against women (VAW) in Serbia, confirming that it is a significant concern. More 
than a quarter of interviewed women personally know someone who has been subjected 
to VAW. Twenty-two per cent of women surveyed said that they had experienced physical 
or sexual violence by their partner or non-partner since the age of 15, and 18 % of women 
by  their  ex-partner.  Ten  per  cent  of  women  with  current  partners  said  they  had 
experienced  physical or  sexual  violence  at the hands  of their  current  partner. Very  few 
women  who have  experienced  violence  have  reported it to the  police.  Three out  of ten 
women believe domestic violence is a private matter and nearly a quarter hold the victim 
responsible  or  believe  that  they  exaggerate  claims  of  abuse  or  rape.  They  are  also 
prevented  from  reporting  due  to  feelings  of  shame,  and  fear  or  mistrust  of  the  police, 
social workers and healthcare professionals, caused by the perceived stereotypes among 
representatives  of  these  professions.  In  addition  to  shame,  and  mistrust  of  services, 
economic dependence and fear of retaliation by the perpetrator and the main barriers to 
reporting.  

The survey showed that women of all ages, from each income group and in all parts of the 
country  are  exposed  to  VAW.  Many  women  surveyed  have  heard  of  services  to  help 
affected women (73 %) but few women have accessed those services and only in cases of 
the  most  serious  incidence  of  physical  and/or  sexual  violence.  Only  3 %  contacted  a 
women’s  shelter  and  1  %  a  victim  support  organisation.  The  survey  revealed  that 
numerous  barriers  prevent  women  from  accessing  services.  Particularly  in  rural  areas, 
support  services  are  simply  not  available,  while  other  women  face  physical  barriers  to 
access or lack long-term and practical support with respect to housing and money. Where 
support services exist, they are insufficient, and their consistency and quality need to be 
improved. The key experts, who were interviewed for this  study, shared that there is  a 
need for pluralism in service provision and advocated for partnership between the State 
and civil society organisations.  

The expert interviews  also identified some gaps  concerning data collection on VAW and 
underlined the importance of the planned development and implementation of one unique 
database.  They  also  referred  to  the  insufficient  protection  of  victims  during  court 
proceedings,  and  the  need  to  improve  training  for  professionals.  There  are  four  main 
conclusions  that  derive  from  this  survey:  1.  Cultural norms  and  attitudes  contribute  to 
gender  inequality  and  violence  against  women;  2.  Violence  against  women  is 
underreported; 3. The provision of services needs to be improved, including multi-sectorial 
cooperation; 4. There are gaps in the implementation of legislation and in data collection. 

In July 2018, Serbia submitted its first report to the GREVIO (Group of Experts on Action 
against  Violence  against  Women  and  Domestic  Violence),256  which  contains  a  lot  of 

255  Survey on the Well-being and Safety of Women in Serbia, OSCE-Led survey, 5 July 2019, 

https://www.osce.org/sr/secretariat/419756. 

256  Comments submitted by Serbia on GREVIO's final report on the implementation of the Council of Europe 

Convention on preventing and combating violence against women and domestic violence (baseline Report), 
received by GREVIO on 3 July 2018 GREVIO/Inf (2018) 9, 40-41, 

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information concerning provisions of the Istanbul Convention and their implementation in 
Serbia. On 29 November 2019, the GREVIO published its first baseline evaluation report 
on Serbia.257 The GREVIO welcomed many legal and policy reforms, but also identified a 
number of priority issues requiring further action by the Serbian authorities to comply fully 
with relevant international standards. 

Also in 2019, research on the institutional response to femicide in Serbia was prepared by 
NGO  FemPlatz.  Authors  relied  on  analyses  of  final  court  decisions  from  2015  to  2017. 
However, the research was not easy as the authors were informed by some courts that 
they do not have gender disaggregated data, hence they could not provide information on 
cases of femicide since their records are based on perpetrators and not on victims. The 
analyses  of  court  judgments  showed  that  in  42.6  %  of  cases,  in  the  reasoning  of  the 
judgment there was no data on the age of women killed; in 38.2 % of cases, there was 
no data on the number of children of the victim; in 89.7 %, no data on the education of 
the  victim,  and in  69.1  %,  no  data on  employment  status.  This  data  confirms  that  the 
courts do not sufficiently deal with victims, and that they focus on the perpetrator.258 Also, 
in 14.7 % of judgments there is no information about the relationship between a victim 
and perpetrator before the crime was committed. Although the history of violence/bullying 
of  the  victim  by  the  offender  indicates  the  dynamics  of  violent  relationships  and  their 
frequency,  and signals the  need to investigate the relationship between the perpetrator 
and the victim, in situations where the perpetrator has not previously been convicted, as 
a rule, the court does not explore this relationship.259 However, the data collected confirm 
that one of the most significant risk factors is the victim's decision to leave the abuser.260 
One of the main conclusions of this study is that in many cases, a murder could have been 
prevented were if not for the lack of a timely and effective response from the institutions 
- above all, the prosecution and social services, who minimise the existing danger. Judges 
do  not  make  a clear  distinction  between  a  victim  and  a  perpetrator  and  rather impose 
protection  measures  on  both,  thereby  expressing  the  view  that  they  are  equally 
responsible for the violence, which further encourages the perpetrator.261 Finally, in many 
cases the sentence was mild, usually due to the qualification of a criminal act as ordinary 
murder, while there were elements to qualify it as a serious murder.262 

One report summarises that since the beginning of 2021, the public in Serbia has been 
faced with  several  scandals  in relation to the  historical  sexual abuse of girls  and young 
women.263 First, a group of actresses, including one who was a minor at the time, reported 
sexual abuse by their teacher, the owner of the most famous acting school. Secondly, two 
actresses revealed  that they had  been  raped  by a popular  actor, the  former Minister of 
Culture. Thirdly, on a social platform at least 36 000 men exchanged explicit photography 
of  girls  and  women  (so-called  ‘revenge  pornography’),  including  child  pornography.  All 
three  cases  were  marked  by  an  appropriate  initial  reaction  from  the  police  and  the 
prosecution.  However,  the  revelation  of  suspicions  about  the  existence  of  decades  of 

https://www.ecoi.net/en/file/local/1456395/1226_1547566160_grevioinf-2018-9-docx.pdf. This report is 
followed by alternative report Improved Legislation failed Protection, Independent report on the 
implementation of the Council of Europe Convention on Preventing and Combating Violence against Women 
and Domestic Violence, Autonomous Women's Centre Belgrade, 2018, https://rm.coe.int/improved-
legislation-failed-protection-independent-awc-s-report-to-gre/16808e2f8b.  

257  GREVIO's (Baseline) Evaluation Report – Serbia, Council of Europe, 22 January 2020. 
258  Konstantinovic Vilic, S., Petrusic, N., Beker, K. (2019) Društveni i institucinalni odgovor na femicid u Srbiji 

(Social and institutional response to the femicide in Serbia), FemPlatz, 350.  

259  Konstantinovic Vilic, S., Petrusic, N., Beker, K. (2019) Društveni i institucinalni odgovor na femicid u Srbiji 

(Social and institutional response to the femicide in Serbia), FemPlatz, 351.  

260  Konstantinovic Vilic, S., Petrusic, N., Beker, K. (2019) Društveni i institucinalni odgovor na femicid u Srbiji 

(Social and institutional response to the femicide in Serbia), FemPlatz, 352. 

261  Konstantinovic Vilic, S., Petrusic, N., Beker, K. (2019) Društveni i institucinalni odgovor na femicid u Srbiji 

(Social and institutional response to the femicide in Serbia), FemPlatz, 352. 

262  Konstantinovic Vilic, S., Petrusic, N., Beker, K. (2019) Društveni i institucinalni odgovor na femicid u Srbiji 

(Social and institutional response to the femicide in Serbia), FemPlatz, 354. 

263  Coalition PreContract, (2021) Preugovor alarm:Izveštaj o napretku Srbije u poglavljima 23 i 24 (Report on 

the Progress of Serbia on chapters 23 and 24), https://preugovor.org/Alarm-izvestaji/1641/Izvestaj-
koalicije-prEUgovor-o-napretku-Srbije-u.shtml.  

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organised  deception  and  sexual  exploitation of  girls  and  women  seriously  disturbed  the 
public.  

In  her  annual  report,  the  Commissioner  for  Prevention  of  Equality  states  that  violence 
against  girls  and  women  is still  very  present in  Serbian  society.  The causes of  violence 
against women are very complex. One of the key causes of gender discrimination is firmly 
rooted in traditional, patriarchal stereotypes about gender roles in the family and the wider 
community. Supporting stereotypes and prejudices encourage discrimination and have a 
negative impact on the situation in a society in which, for years now, a large number of 
cases of gender-based violence have been reported, including in its most extreme form, 
femicide.  Efforts  to  raise  public  awareness  of  violence  against  women  and  provide 
adequate  prevention  and  protection  are  often  hampered  in  societies  where  women’s 
subordinate positions are socially accepted, violence is justified, and access to counselling 
or  information  materials  is  limited,  including  information  on  support  and  protection 
services.264 

10.1.2 Overview of national acts on violence against women, domestic violence and issues 

related to the Istanbul Convention 

The Family Law, which was adopted and entered into force in 2005, introduces the civil 
protection  against  domestic  violence.265  It  provides  a  definition  of  domestic  violence, 
stipulates the protective measures from domestic violence, and regulates the special court 
proceeding for the ruling of protective measures.  

Serbia also adopted the Law on the Prevention of Domestic Violence, which entered into 
force  on  1  July  2017.266  This  Law  regulates  the  organisation  and  conduct  of  state 
authorities and institutions, as to secure the effective prevention of domestic violence, and 
the provision of urgent, timely and effective protection and support to its victims. This Law 
applies to all cases of domestic violence of which the definition was transposed from the 
Convention, as well as to all criminal offences of gender-based violence which are explicitly 
listed in the Law on the Prevention of Domestic Violence. For the first 27 months from the 
implementation of the Law on the Prevention of Domestic Violence, domestic violence was 
reported in 110 000 cases.267 Approximately 4 000 domestic violence cases are reviewed 
each  month  and,  on  average,  1 500  to  1 600  contact  bans  are  issued,  as  well  as 
700 measures  to  remove  a  perpetrator  from  the  house.  However,  it  is  important  to 
underline that between 12 % and 15 % of perpetrators repeat the violence. Also, between 
10 % and 12 % of perpetrators violate emergency measures. This number may be higher, 
but  many  cases  remain  unreported.  Also,  the  challenges  that  remain  are  the  victim's 
persistence  to close  the case,  as  well  as  a  weak  system of social  and other  support to 
victims, which is uneven across the country; unable to meet the complex needs of women 
and  children;  and  not  available  for  an  extended  period  of  time.  Until  November  2019, 
police officers imposed 64 604 emergency measures, 109 000 cases of domestic violence 
were reported, and 30 000 individual plans for the protection of a victim were prepared.268 

The new GEA introduced many provisions cocerning domestic and gender-based violence. 
It  supplements  provisions  from  the  Law  on  the  Prevention  of  Domestic  Violence  as  it 
extends to gender-based violence and focuses on its prevention and suppression. These 
provisions were introduced taking into account Serbian obligations that derive from the 
Istanbul Convention. Thus, Article 6 defines the following terms: 

264  The Commissioner for the Protection of Equality (2021) Regular Annual Report for 2020, 130. 
265  The Family Law, Official Gazette of Serbia, No. 18/2005, 72/2011, 6/2015. 
266  The Law on the Prevention of Domestic Violence, Official Gazette of the Republic of Serbia, No. 94/2016, 

adopted on and implemented from 1 June 2017. 

267  Bogosav, B., Jeziva statistika (Scary statistics), Blic, 30 September 2019, 

https://www.blic.rs/vesti/drustvo/jeziva-statistika-za-dve-godine-prijavljeno-110000-slucajeva-nasilja-u-
porodici-ali/nvdrtcm.  

268  Beker, K., Janjić, B., Lepojević, V., Prava žena i rodna ravnopravnost u 2019. godini: nulti izveštaj (The 

Rights of Women and Gender Equality in 2019: zero report) FemPlatz, Belgrade, May 2020, 61. 

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Gender-based violence is any form of physical, sexual, psychological, economic, and social 
violence committed against a person or groups of persons due to belonging to a certain 
sex or gender, as well as threats of such acts, regardless of whether they occur in public 
or private life, as well as any form of violence that mainly affects persons belonging to a 
certain gender.  

Violence  against women  means  a violation of human  rights  and forms of discrimination 
against women and all acts of gender-based violence that cause or may lead to: physical, 
sexual, psychological, i.e. financial injury or suffering for women, including threats of such 
acts, coercion or arbitrary deprivation of liberty, either in public or in private.  

Domestic violence means any act of physical, sexual, psychological, or economic violence 
that  occurs  within  the  family  or  household,  or  between  former  or  current  spouses  or 
partners, regardless of whether the perpetrator shares or has shared the same residence 
with the victim. 

Section VI of the GEA deals with the prevention and suppression of gender-based violence. 
First, it prohibits any violence against women in the private and public spheres (Article 51). 
It further stipulates that special measures and programmes are intended for: 1) victims 
of  violence,  who  are  provided  with  social,  health,  legal  and  other  assistance  and 
compensation in order to protect, eliminate and mitigate the consequences of violence, 
regardless of the willingness of the victim of violence to report, testify against any person 
who committed violence or participate in any proceedings; 2) preventing the perpetrator 
of violence from continuing or repeating the violence;  3) care for  victims of violence in 
order  to  prevent  violence  and  exercise  the  right  to  life  without  violence,  such  as  safe 
houses,  social  housing  programmes,  the  provision  of  personal  assistance  and  the  like; 
4) protection of other persons who are directly or indirectly endangered by the commission 
or  consequences  of violence,  as  well  as  persons  who  have reported  an  act of  violence; 
5) preventive action and programmes of work with persons who have committed violence 
in order to eliminate the circumstances that affect or encourage the commission of violence 
by that person;  and 6) victims of violence and perpetrators of violence from vulnerable 
social  groups.  According  to  Article  53,  every  person,  public  authority,  employer, 
association, and institution is obliged to report all forms of gender-based violence in the 
private and public spheres. Public authorities are obliged to report it without delay to the 
competent  police  administration  or  public  prosecutor’s  office.  The  police  and  the  public 
prosecutor’s  office  are obliged to inform the  Centre  for  Social Work  about the  reported 
violence. 

General support services are stipulated in Article 54 as the right to psychosocial assistance, 
and  free legal  aid,  accessible  to victims,  including those  from  vulnerable social  groups. 
Accessibility  also  means  adequately  equipped  spaces,  staffed  by  employees  who  are 
trained to provide assistance and support to victims of violence. Specialised services are 
stipulated in Article 55 as: 1) providing a confidential SOS hotline for girls and women with 
experience of gender-based violence; 2) providing safe accommodation for women victims 
of violence and their children in safe houses or shelters, which are free for all women and 
their children regardless of their place of residence and available 24 hours a day,  seven 
days a week, tailored to the needs of women victims of violence; 3) performing specialist 
and forensic medical and laboratory examinations and providing psychological support, in 
accordance with the needs of victims of violence; 4) providing free support to victims of 
sexual violence, which is available 24 hours a day, seven days a week, as well as providing 
contraceptive protection and protection against sexually transmitted diseases and forensic 
examinations;  and  5) implementation  of  programmes of  specialised  counselling  centers 
for victims of violence, adapted to the individual needs of victims of violence, including 
victims from vulnerable social groups. The specialised support services must be accessible 
to all and adapted to the individual needs  of victims of violence, including victims from 
vulnerable social groups. 

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Article 56 prescribes that the Ministry, in cooperation with other bodies, organisations, and 
institutions dealing with protection against violence, must ensure the implementation of 
programmes  working  with persons  who have committed violence. The objectives of the 
programmes are to adopt a non-violent model of behaviour in interpersonal relationships 
and  to  prevent  the  recurrence  of  the  crime  of  violence.  People  who  have  committed 
violence may join the programmes on the basis of a decision of the competent authority 
or at their own request. Bodies, organisations and institutions that implement programmes 
for perpetrators of violence are obliged to ensure that the safety, rights and support for 
victims of violence are of primary importance, as well as that the implementation of these 
programmes  is  carried  out  in  close  cooperation  with  specialised  support  services. 
Professionals and people who have reported violence, and who participate in the protection 
of  victims  of  violence  and  their  children,  cannot  simultaneously  participate  in  the 
implementation  of  programmes  that  work  with  persons  who  have  committed  violence. 
Furthermore, services for persons who have committed violence cannot be organised in 
the  space  or  body,  organisations  and  institutions  that  provide  protection  to  victims  of 
violence. 

The  Ministry,  in  cooperation  with  gender  equality  bodies,  organisations  and  bodies, 
organises, implements  and finances  measures aimed at raising public awareness of the 
need to prevent violence, including encouraging everyone to report any case of violence 
to  the  competent  authorities  and  institutions  dealing  with  protection  from  violence 
(Article 57).  In  addition, other  public  authorities  are obliged  to implement measures  to 
prevent and combat violence such as: planning, organising, implementing and financing 
measures to protect against violence, programmes to prevent all forms of violence  and 
support programmes for victims of violence and those who report violence; raising public 
awareness  of  the  need  to  prevent  violence;  specialisation  and  regular  training  of 
professionals  dealing  with  cases  of  protection  of  victims  of  violence;  training  of 
professionals on gender equality and the phenomenon of gender-based violence; providing 
social, legal and other assistance and compensation, in order to protect against violence 
and  eliminate  and  mitigate  the  consequences  of  violence;  providing  care  services  for 
victims  of  violence;  providing  services  to  perpetrators  of  violence,  in  order  to  prevent 
further violence, and other measures. 

Finally,  the  GEA  in  Article  58  provides  that  financial  resources  for  organising  and 
conducting specialised services are provided in the budget of the Republic of Serbia, the 
budget of the autonomous provinces, and the budget of local self-government units. 

A special normative framework for combating domestic violence was established in Serbia 
in Article 118a of the Criminal Code from 2002.269 It was changed in 2005 with the adoption 
of the new Criminal Code, which lists numerous criminal offences that protect the physical, 
psychological  and/or  sexual  integrity  of  a  person,  and  criminalise  domestic  violence  in 
Article 194.270  In  2016, the  new  criminal  acts  were  introduced  in  order  to further  align 
domestic  framework  with the Istanbul  Convention:  stalking  (Article 83a of  the  Criminal 
Code); forced marriage (Article 187a of the Criminal Code); genital mutilation of women 
(Article 121a of the Criminal Code); and sexual harassment (Article 182a of the Criminal 
Code). In order to harmonise the legislation with Articles 36 and 40 of the Convention, the 
prison sentences were increased for a certain number of crimes in the category of sexual 
offences.  Corresponding  to  Article  36(3)  of  the  Convention,  mandatory  ex  officio 
prosecution of crimes in the category of sexual offences was introduced. The procedure is 
initiated by the public prosecutor, even if the victim of such crime was a marital spouse. 

269  Criminal Code, Official Gazette of Serbia, Nos. 26/77, 28/77, 43/77, 20/79, 24/84, 39/86, 51/87, 6/89, 
42/89, 21/90, 16/91, 26/91, 75/91, 9/92, 49/92, 51/92, 23/93, 67/93, 47/94, 17/95, 44/98, 10/02, 
11/02, 80/02, 39/03. 

270  Criminal Code, Official Gazette of Serbia, Nos. 85/2005, 88/2005, 107/2005, 72/2009, 111/2009, 

121/2012, 104/2013, 108/2014, 94/2016, 35/2019. 

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Furthermore, corresponding to Article 53 of the Convention, a new criminal offence was 
introduced: violation of a restraining order (Article 340a of the Criminal Code).271 

However,  the  GREVIO  found  that  conviction  rates  for  most  forms  of  violence  against 
women are extremely low due to low levels of reporting and lack of guidance on how to 
build a case, as well as due to insufficient training on more recently introduced offences. 
Although domestic violence cases have seen an increase in the number of persons charged, 
there  is  an  even  more  marked  increase  in  the  number  of  charges  ultimately  dropped. 
Where convictions close the case, the sanctions imposed are often conditional and the full 
sentencing range is rarely made use of. For  female  victims of violence who desire legal 
representation in cases concerning them, legal aid is, in principle, available. However, the 
Law on Free Legal Aid distinguishes between victims of domestic violence – who always 
qualify – and victims of other forms of violence covered by the Istanbul Convention, who 
must  demonstrate  their  eligibility  through  a  lengthy  application  process.  The  Law  also 
limits legal aid to women’s NGOs who have good expertise in the legal representation of 
female victims of domestic violence. 

10.1.3 National provisions on online violence and online harassment 

Online violence and online harassment are also prohibited by the LPD. In those cases, the 
Commissioner can submit a criminal charge to the prosecutor. In 2018, the first criminal 
charge concerned women and domestic violence. Namely, a story about a man who shot 
a  woman  was  published  on  Facebook.  Below  the  published  text,  a  person  A.B.  wrote 
comments such as: ‘Everyone should kill his whore and be good’; ‘And if my sister cheat 
her husband and he reveal it, he should kill her’;  ‘Not all whores were killed for whore, 
and can now  make  comments on  the  Internet’.  According  to  the  Commissioner, on the 
occasion of the news of partner violence and the murder of one woman, A.B. made a series 
of  comments  which  incite  hatred,  discrimination  and  violence  against  women.  Those 
comments justify violence against women and provoke the reaction of other users in the 
form  of  emoticons  and  likes.  The  Commissioner  particularly  pointed  out  that  domestic 
violence is a widespread phenomenon that leads to negative physical, psychological, social 
and  financial  consequences  for  women,  children,  the  family  and  the  community.  The 
Commissioner points to the number of women who have lost their lives from partners and 
former partners in recent years and asked the prosecution to act upon this application.272 

10.1.4 Political and societal debate 

The domain of violence is the only domain for which the index value for the Republic of 
Serbia  has  not  been  calculated.  There  is  an  ongoing  debate  that  domestic  violence  is 
prohibited  and  will  not  be  tolerated.  However,  the  dominant  patriarchal  forms  still 
dominate in a society and are present even in rhetoric of politicians, ministers, and MPs.  

Another  issue  is  a  prohibition  of  present  online  violence  and  harassment.  Serbia's 
government is devoted to providing measures for institutional response to emerging forms 
of  high-tech  crime.  New  IT  equipment  and  specialised  software  was  purchased  for  the 
police and prosecution. It is planned to adopt operational procedures to collect and provide 
electronic evidence. Therefore, it plans to strengthen the cyber security and the capacity 
of the police to prevent hacking attacks and online violence and harassment.  

Restrictions of freedom of movement, mandatory self-isolation and other measures during 
the state of emergency introduced during the COVID-19 crisis further increased the risk 
of domestic violence in Serbia. Women were forced to spend much more time at home 

271  Comments submitted by Serbia on GREVIO's final report on the implementation of the Council of Europe 

Convention on preventing and combating violence against women and domestic violence (baseline Report), 
received by GREVIO on 3 July 2018 GREVIO/Inf (2018) 9, 40-41, 
https://www.ecoi.net/en/file/local/1456395/1226_1547566160_grevioinf-2018-9-docx.pdf. 

272  Higher Prosecutors Office in Belgrade, criminal charge no. 07–00–00035/2018–02, from 12 February 2018. 

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with  their  violent  partners,  to  whom  the  ban  on  movement  provided  even  greater 
opportunities  for  violence  and  demonstration  of  power.273  Measures  during the  state  of 
emergency  limited the  possibility  for  women  to  report  violence,  ask for  help,  run  away 
from home and the application of other self-protection strategies which are usually served 
in acute situations of violence, which reinforces their sense of helplessness. In particular, 
problems  regarding the  possibility  of  reporting violence  were  identified  for  women  with 
disabilities,  older  women,  women  in  rural  areas,  Roma  women  and  members  of  other 
marginalised  and  multiply  discriminated-against  groups  of  women.  During  the  state  of 
emergency, the Commissioner for the Protection of Equality advocated for the permission 
of women to leave their homes during curfew hours in order to report domestic violence, 
to pay special attention to the capacities of shelters, and to provide support to all persons, 
due to the possibility of an increase in the rate of violence given the conditions of the state 
of emergency.274 This recommendation was accepted by the Government. This advocacy 
was  also  stated  in  the  Declaration  of  Women's  Civil  Society  Organizations  from  9  April 
where it was underlined that there is a necessity to prepare and implement an adequate 
response to unresolved problems that make everyday life difficult for women throughout 
Serbia, including the problems of women in situations of violence who cannot report it due 
to movement restrictions, and live with the abuser in the same household.275 In addition, 
the women's specialized organizations submitted the proposal to allow victims of domestic 
violence to have the possibility to report the case to the Commissioner for the Protection 
of  Equality,  which  was  then  submitted  to  the  Government.  The  proposal  provided  the 
initiative to  amend the  Decree on  emergency measures  for  victims of  partner  violence, 
proposing to prescribe an exception to the measure of prohibition/restriction of movement 
for victims so that they can, without risk of punishment, leave the apartment when they 
are directly exposed to violence.276 At the multisectoral meeting ‘Violence against women 
and girls during the epidemic of the COVID-19 virus’, held on 29 Apri 2020, and organised 
by the Coordination Body for Gender Equality, this initiative was accepted, especially to 
introduce  the  possibility  of  filing  complaints  against  violence  online.  The  media  also 
supported this initiative and on several occasions called victims to report the case during 
the restriction hours. However, it was not officially introduced in any particular act, as the 
state of emergency was lifted already on 6 May 2020. 

In February 2021, a former mayor of one municipality was sentenced to three months in 
prison for illegal sexual activity toward one of his employees. Although the case was not 
qualified as sexual harassment, this is the first case in which an official has been sentenced 
to prison for sexual violence.277 The European Commission finds several aspects that need 
to  be improved  in this  area: 1) to  improve the  implementation  of the  law on  domestic 
violence  2)  to  introduce  an  integrated  system  for  collecting  and  monitoring  cases  of 
violence disaggregated by type of violence and by  the  relationship between perpetrator 
and victim; and 3) the definition of rape to be amended in the Criminal Code to comply 
with the Istanbul Convention. 

Three important measures were adopted in 2021, to improve prevention  of and combat 
gender-based violence: the new GEA introducing several provisions in relation to violence, 
the new Gender Equality Strategy for 2021 to 2030, and the Strategy for Preventing and 
Combating  Gender-Based  Violence  against  Women  and  Domestic  Violence  for  2021  to 

273  Pajvančić, M., Petrušić, N., Nikolin, S., Vladisavljević, A., Baćanović, V., Rodna analiza odgovora na COVID-
19 u Republici Srbiji (Gender Perspective to the Response to COVID-19 in the Republic of Serbia), OSCE, 
Belgrade, March-May 2020, 104. 

274  The Commissioner for the Protection of Equality, Regular Annual Report for 2020, 90. 
275  Declaration, 9 April 2020, available at https://www.facebook.com/notes/%C5%BEenska-platforma-za-

razvoj-srbije-pali%C4%87/deklaracija/3013793202011361. 

276  Initiative no. 601/20 from 20 April 2020, available at 

http://ravnopravnost.gov.rs/inici%d1%98%d0%b0tiv%d0%b0-z%d0%b0-izm%d0%b5nu-
ur%d0%b5db%d0%b5-%d0%bem%d0%b5r%d0%b0m%d0%b0-cir/.  

277  European Commission (2021) Serbia 2021 Report, Strasbourg, 19 October 2021, 38. 

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2025.278 The Law on Weapons and Ammunition, recognises the importance of preventive 
action, for  which the measure of confiscation of firearms  from perpetrators of domestic 
violence, legalisation of firearms in illegal possession and safe handling of legal weapons 
are important measures in the prevention of femicide. According to the Centre for Public 
Policy Research, citizens  are  interested in getting involved in local weapons legalisation 
campaigns as part of efforts to improve the security of communities, especially for women 
and other vulnerable groups.279 

10.2 Ratification of the Istanbul Convention 

Serbia ratified the Istanbul Convention on 31 October 2013. However, Serbia has made 
reservations  regarding  Article  30(2)  and  Article  44(1)(e),  and  Paragraphs  3-4,  until  it 
harmonises its criminal legislation with these provisions. While Article 30(2) is to ensure 
adequate  state  compensation  to  those  who  have  sustained  serious  bodily  injury  or 
impairment of health, Article 44 concerns establishment of jurisdiction by a person who 
has her or his habitual residence in their territory. Also, Article 44(3) stipulates that States 
will  take  the  necessary  legislative  or  other  measures  to  establish  jurisdiction  and  to 
prosecute  acts  of  sexual  violence,  including  rape,  forced  marriage,  female  genital 
mutilation and forced abortion and forced sterilisation. This means that the pre-existing 
legal  framework  in  Serbia  was  not  fully  in  compliance  with  the  obligation  under  the 
Convention,  particularly  in  relation  to  criminal  legislation.  This  change  requires  the 
introduction of some new legislation and the redefinition of some existing criminal acts.  

In its progress report for Serbia for 2016, the European Commission ascertained that the 
Council  of  Europe  Istanbul  Convention  needs  to  be  adequately  implemented,  and  the 
protection  of  women  against  all  forms  of  violence  needs  to  be  strengthened.280  On 
23 November  2016,  the  National  Assembly  adopted  the  first  Law  on  the  Prevention  of 
Domestic  Violence281  (entered  into  force  on  1  June  2017),  and  which  is  line  with  the 
Istanbul Convention.282 Its purpose is to secure effective prevention of domestic violence 
and to provide urgent, adequate and efficient protection and support to victims of domestic 
violence. Domestic violence is broadly defined to include physical, sexual, psychological, 
or economic violence. Victims of domestic violence have the right to information, the right 
to free legal aid, and the right to an individual plan of protection and support. The Law 
regulates  the  procedure  for  protecting  victims  of  domestic  violence,  including  risk 
recognition and risk assessment. Public authorities are obliged to act in a timely manner, 
and to provide legal aid, psychosocial and other support for recovery, empowerment and 
self-reliance for each victim.  

In 2017, the Coordination Body for Gender Equality initiated the adoption of the National 
Strategy for the Prevention and Suppression of Violence against Women and Young Girls 
in  the  Family  and  Partnership  Relations.  The  Draft  National  Strategy  (2018-2022)  was 
opened for public discussion in 2018, but this document has not been adopted yet.283 

Since the adoption of the Law on the Prevention of Domestic Violence, police and social 
workers were trained on the  matter of domestic  violence, but there is  a need  for these 
professionals to be further trained to implement the law efficiently. A new SOS hotline for 
female  victims  of  violence  was  introduced.  Additionally,  Serbia  adopted  a  national 

278  Strategy for Preventing and Combating Gender-Based Violence against Women and Domestic Violence 
(Strategija za sprečavanje i borbu protiv rodno zasnovanog nasilja prema ženama i nasilja u porodici), 
Official Gazette of Serbia, No. 41/2021. 

279  Centre for Public Policy Research (2019) The experience in implementation NAP 1325 (Iskustva primene 

NAP 1325), https://www.publicpolicy.rs/publikacije/8503f622ab8ce6981bfbd8f57bcd415357450725.pdf.  

280  European Commission, Serbia 2016 Report, SWD (2016) 361 final, 9 November 2016, 63, 
http://ec.europa.eu/enlargement/pdf/key_documents/2016/20161109_report_serbia.pdf.  

281  The Law on the Prevention of Domestic Violence, Official Gazette of the Republic of Serbia, No. 94/2016, 

adopted on and implemented from 1 June 2017. 

282  European Commission, Serbia 2018 Report, SWD (2018) 152, 17 April 2018, final, 27. 
283  Human Rights Council, National Report, 13 November 2017, 12, 
https://www.ohchr.org/EN/HRBodies/UPR/Pages/RSindex.aspx. 

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programme  for  safeguarding  and  improving  sexual  and  reproductive  health  in  order  to 
align its priorities with the global strategy for women’s, children’s and adolescents’ health 
(2016-2030). However, additional funding is needed to ensure its implementation.284 

The GREVIO also urges the State to ensure that the provisions of the Istanbul Convention 
are implemented without discrimination on any of the grounds listed in Article 4(3). It also 
has  other  recommendations,  such  as  to  ensure  stable  and  sustainable  funding  for  all 
relevant policies and measures; to introduce standardised data categories for all relevant 
actors; to  ensure  the  provision  of  specialist  women’s  support  services  with  a gendered 
approach and to ensure access of all women, in particular women with disabilities, Roma 
women and female migrants / asylum seekers; to ensure confidentiality and anonymity of 
all  callers to the  national helpline;  and  to  ensure  women’s  informed  and  free  decision-
making in relation to medical procedures such as abortion and sterilisation, in  particular 
where women with disabilities in residential institutions are concerned.285 

284  European Commission, Serbia 2019 Report, SWD (2019) 219 final, 29 May 2019, 28. 
285  GREVIO's (Baseline) Evaluation Report – Serbia, Council of Europe, 22 January 2020, 7. 

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11  Compliance  and  enforcement  aspects  (horizontal  provisions  of  all 

directives)  

11.1 General (legal) context 

11.1.1 Surveys  and  reports  about  the  particular  difficulties  related  to  obtaining  legal 

redress 

The last comprehensive survey on particular difficulties related to obtaining legal redress 
was done by the World Bank in 2012, also analysing regional framework on free legal aid 
and proposing concrete solutions for the future law regulating legal aid in Serbia. Certain 
difficulties are mentioned in some surveys or analyses that also deal with other aspects of 
non-discrimination law. The latest of that kind is the study on Equality in Practice, where 
authors highlight some specific limits for obtaining legal redress. The authors claim that 
good legal framework is seriously impeded by three key factors: many individuals in Serbia 
are unaware of their rights to equality and non-discrimination; they cannot afford to seek 
legal redress when violations occur; and they have difficulties in access to the buildings.286 

The Gender Equality Strategy for 2021 to 2030 stresses that free legal aid is an important 
precondition  for  equal  access  to  justice.  Effective  access  to  justice implies  an  adequate 
system of legal aid, which ensures the provision of quality legal aid, free of charge or at 
reduced costs, to all those who are unable to pay for it. However, only a few beneficiaries 
are victims of gender-based violence and there is no disaggregated data according to sex. 
Also, there is  a limited number of providers  of free legal aid, as  NGOs  and legal clinics 
cannot  provide  free  legal  aid.  The  procedure  for  obtaining  the  right  to  free  legal  aid is 
complex,  and  the  employees  of  the  local  self-government  services  are  left  with  the 
discretionary right to decide on the request. The records on the beneficiaries of free legal 
aid,  which  the  administrative  bodies  responsible  for  approving  free  legal  aid  are legally 
obliged to keep, are not complete. There is no obligation to sort the collected data by sex. 
Free legal aid services are also difficult to access in the local self-government authorities 
where they exist, because there is often no public transport, especially between rural areas 
and municipal centres, and the use of other modes of transport requires significant costs. 
These shortcomings make it impossible to adequately monitor the implementation of the 
law from the aspect of meeting the human rights needs of women.  

11.1.2 Other issues related to the pursuit of a discrimination claim 

There  are  still  some  open  issues  or  questions  of  concern  related  to  the  pursuit  of  a 
discriminatory claim. First, some victims are reluctant to submit a lawsuit due to traditional 
considerations or  fear of consequences.  Discrimination cases are not treated  as urgent, 
despite the normative provision. It is illustrative to note that in one small city in Serbia, 
one employee submitted a lawsuit for sexual harassment against her  employer  and the 
president  of  the  municipality.  She  and  her  family  were  exposed  to  maltreatment  from 
other employees, and citizens who supported the president. Her case got media coverage 
and a lot of pressure was put on her and her family to abandon the lawsuit.  Despite all 
these facts, her case  was not relocated to another court as the assigned judge and the 
president of the court are friends with the president of the municipality. 

Sometimes higher courts show less understanding and knowledge on gender equality than 
lower  courts.  It  is  interesting  to  mention  that  in  one  case,  the  Commissioner  initiated 
strategic  litigation  for  discrimination  on  the  grounds  of  sex  and  sexual  orientation.  In 
November 2017, a law faculty professor published an article in the Internet edition of one 
magazine under the title ‘Domestic Violence and Violence against the Family’. The author 
stated that the Law on the Prevention of Domestic Violence does not intend to protect the 
poor, but:  

286  Petrušić, N., Beker, K. (2018), Equality in Practice in Serbia, Implementing Serbia's Equality Laws, Equal 

Rights Trust, 87. 

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‘women regardless of whether they are weak or strong, loved or unloved, nervous, 
freaky  and  well-off,  whether  they  have  lover  or  not,  whether  they  earn  or  are 
dependent,  whether  they  have  entered  into  a  property  or  have  moved  into  the 
husband's apartment.’  

The author further advocates traditional and patriarchal organisation of a family, in which 
the man is the head of the family and should make all important decisions regarding the 
family,  which  put  women  in  an  unequal  position.  The  Commissioner  emphasised  that 
protection  from  domestic  violence  should  not  be  selective,  depending  on  the  personal 
circumstances of each woman. The first instance court found that the author is a public 
figure  and that  he  has  a  duty not  to  advocate discrimination  and  ideas  that  encourage 
discrimination,  and  which  can  have  detrimental  effects  on  democratic  processes  and 
human rights guarantees in a society.287 Unfortunately, the higher court overturned the 
decision, finding that the author of the text is protected by his freedom of expression and 
that  also  includes  information  that  can  offend,  shock,  or  disturb  others,  finding  no 
discrimination in this case.288 

11.1.3 Political and societal debate and pending legislative proposals 

There is no political or societal debate or pending legislative proposal in the area of legal 
redress, expect the one that existed for 15 years concerning the adoption of the Law on 
Free  Legal  Aid.289  The  Law  was  finally  adopted  in  2018  and  enterеd  into  force  on 
1 October 2019.  The  law  recognises  that  victims  of  domestic  violence  are  direct 
beneficiaries of the law, without the need to prove their poor material situation in order to 
qualify  for  legal  aid  (Article  4(3)(4)).  However,  as  mentioned  above,  there  are  some 
shortcomings in relation to women beneficiaries in the current free legal aid system. 

11.1.4 Gender mainstreaming 

One of the three goals of the National Strategy for Gender Equality (2016-2020)290 was 
the introduction of a gender perspective in the adoption, implementation and monitoring 
of  public  policies.  Measures to mainstream  public  policy  in  the  field of social  policy  and 
social care have yielded limited results because they rely on awareness-raising campaigns 
rather than legal interventions. Therefore, one of the main recommendations for the new 
Gender Equality Strategy for 2021 to 2030 was mainstreaming of public policies, strategies 
and laws. The main measures stipulated in the strategy are mainstreaming in the area of 
education at all levels, and in health and social care. The new GEA defines ‘mainstreaming’ 
as  a  means  to  achieve  and  promote  gender  equality  through the  inclusion  of  a  gender 
perspective in all public policies, plans and practices (Article 6(1)(8).  

Several institutional mechanisms were established to achieve gender mainstreaming.  At 
the national level, in addition to the main mechanism – the Coordination Body for Gender 
Equality in the Cabinet of the Deputy Prime Minister – there are also: Department of Anti-
Discrimination  Policy  and  Promotion  of  Gender  Equality  in  the  Ministry  of  Human  and 
Minority Rights and Social Dialogue; Committee on Human and Minority Rights and Gender 
Equality in the National Assembly; the contact person for gender equality in all ministries 
and key institutions; and IPA units responsible for the gender mainstreaming equality in 
the IPA programming process. At the provincial level, gender equality issues fall within the 
Provincial Secretariat for Social Policy, Demography, and Gender Equality, as well as the 
Board for  Gender  Equality in the  Assembly  of Vojvodina.  The  Gender  Equality  Institute 

287  Higher court in Novi Sad, II. 1344/2017, judgment from 8 May 2018. 
288  Appellate Court in Novi Sad, Gž. 3576/18, judgment from 17 October 2010.  
289  Law on Free Legal Aid, Official Gazette of the Republic of Serbia, No. 87/20018. This law was adopted on 13 

November 2018 and entered into force on 21 November 2018. 

290  The National Strategy for Gender Equality (2016 to 2020) (Nacionalna strategija za rodnu jednakost za 

period 2016. do 2020) Official Gazette of the Republic of Serbia, No. 04/16, adopted on 14 January 2016, 
available at https://www.mgsi.gov.rs/lat/dokumenti/nacionalna-strategija-za-rodnu-ravnopravnost-za-
period-od-2016-do-2020-godine-sa-akcionim. 

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provides professional support for Gender Equality.291 There are also independent bodies, 
such  as  the  Commissioner  for  the  Protection  of  Equality  and  the  Protector  of  Citizens 
(Ombudsperson),  with  the  sector  for  gender  equality.  On  a  local  level,  there  is  a  legal 
obligation to introduce gender equality mechanisms, but they are not in place in all local 
communities. They are established in various forms (such as parliamentary committees, 
appointed persons, etc.). Also, many local mechanisms are not active because no funds 
were provided for their work.292 

Capacity-building of public authorities, which includes policies and programmes from the 
perspective  of  gender  equality,  was  carried  out  primarily  through  gender-responsive 
budgeting,  within  which  public  authorities  had  to  pay  more  attention  to  a)  collecting 
gender-responsive data, b) gender analysis, and gender responsible objectives, as well as 
c)  relevant  indicators.293  During  2017,  26  institutions  at  the  national  and  10  at  the 
provincial  level  implemented  gender-responsive  budgeting.  According  to  information 
received  from  the  Ministry  of  State  Administration  and  Local  Self-Government  and  the 
Ministry of Construction, Transport, and Infrastructure, they conducted a gender analysis 
to define priorities in the area of gender-responsive budgeting.294 It was stipulated that 
the outcome in 2020 should be that all strategic documents at the national, provincial, and 
local levels contain a gender baseline analysis, a gender impact analysis, indicators, and 
targets.  However,  a  systemic  approach  is  still  lacking,  and  there  are  no  information 
available on the success of the projected outcome. 

11.2 Victimisation 

The  provisions on  victimisation have  been implemented in  Serbian  legislation.  The  GEA 
does not use the term ‘victimisation’, but it stipulates in Article 4(4) that it is considered 
to be discrimination based on sex, sexual characteristics, or gender if a person or group 
of  persons  is  unjustifiably  treated  less  favourably  than  others  are  treated  or  would  be 
treated,  solely  or  mainly  because  they  have  sought  or  intend  to  seek  protection  from 
discrimination, or because they have offered or intend to offer evidence of discriminatory 
treatment.  Furthermore,  victimisation  is  enshrined  in  the  LPD  as  a  special  form  of 
discrimination.295 Article 9 says that:  

‘Discrimination  shall  exist  if  an  individual  or  a  group  of  persons  is  unwarrantedly 
treated worse than others are treated or would be treated, solely or predominantly 
on account of requesting or intending to request protection from discrimination, or 
due to having offered or intending to offer evidence of discriminatory treatment.’  

In other words, this Law protects victims of discrimination, as well as other persons, such 
as witnesses, or persons who help a victim of discrimination to bring a complaint.  

In 2018, the Commissioner adopted the first opinion in a case of victimisation. In this case, 
the opinion was issued against the School for Primary and Secondary Education from Pirot, 

291  The Gender Equality Institute is a provincial institution, established in 2004 by the Decision of the Assembly 

of Vojvodina. The Institute is established as an expert body in order to promote the concept of gender 
equality and make recommendations for gender mainstreaming in all policies, measures, actions and 
programs adopted and implemented by the Provincial Government. Information in Serbian are available at 
https://ravnopravnost.org.rs/pocetna-2/. 

292  Final Evaluation Report on the Implementation Action Plan for the National Strategy for Gender Equality of 

the Republic of Serbia (Finalni izveštaj evaluacije Akcionog plana za sprovođenje Nacionalne strategije za 
rodnu ravnopravnost Republike Srbije), 2020, 73, available at: 
https://www.secons.net/files/publications/99-publication.pdf. 

293  Final Evaluation Report on the Implementation Action Plan for the National Strategy for Gender Equality of 
the Republic of Serbia (Finalni izveštaj evaluacije Akcionog plana za sprovođenje Nacionalne strategije za 
rodnu ravnopravnost Republike Srbije), 2020, 74. 

294  Final Evaluation Report on the Implementation Action Plan for the National Strategy for Gender Equality of 
the Republic of Serbia (Finalni izveštaj evaluacije Akcionog plana za sprovođenje Nacionalne strategije za 
rodnu ravnopravnost Republike Srbije), 2020, 74. 

295  Victimisation is called ‘calling to account’ in Serbian law. 

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where  the  complainant  is  employed  as  a  psychologist.296  The  complainant  states,  inter 
alia, that she suffered ‘numerous consequences’ from the time when she ‘openly expressed 
her suspicion’ that School teachers committed discrimination against a Roma pupil.  The 
complainant stated that at the end of the school year 2016/17 she was removed from the 
position of the team coordinator to protect students from violence, abuse and neglect. In 
March 2017, she was removed from the position of the coordinator of the Parents' Council, 
and in February 2017, her employment contract was changed. She also pointed out that, 
from the moment she reported violence and discrimination, she was exposed to discomfort 
by the school principal and some colleagues. The Commissioner found that she had made 
probable that an act of discrimination occurred, given that the changes in her employment 
status and position in the workplace arose after she stated that discrimination against the 
student had been made and after she began to report the act of discrimination to various 
institutions.  In  addition,  the  facts  and  evidence  offered  by  the  School  did  not  provide 
sufficient grounds for concluding that the stated changes in the labour status and position 
of  complainant  were not  caused  by the  fact that she  reported  discriminatory treatment 
towards the student. Bearing in mind the above, the Commissioner gave the opinion that 
the  School  had  not  treated  the  complainant  correctly,  after  she  offered  evidence  of 
discriminatory treatment, and by doing that, the School violated the provision of Article 9 
of  the  Law  on  the  Prohibition  of  Discrimination.  Therefore,  the  school  principals  were 
recommended  to  take  all  measures  within  their  jurisdiction  in  order  to  eliminate  the 
consequences  of  unjustifiably  worse  treatment  of  the  complainant  because  of  offering 
evidence of  discriminatory  treatment  against the  student,  as  well  as  to make  a  written 
apology to the complainant for breach of the prohibition of calling for responsibility. 

The Commissioner also initiated strategic litigation, and on April 2021, the High Court in 
Belgrade upheld the Commissioner's claim, finding that the defendant had committed an 
act  of  discrimination  based  on  sex  and  family  status  in  the  field  of  labour  and 
employment.297  The  employee  was  in  a  disadvantaged  position,  as  the  employer 
blackmailed her during pregnancy, maternity leave, and leave for childcare by signing a 
blank  agreement  on  termination  of  employment.  A  blank  agreement  means  that  an 
employer  is  forcing  an  employee  to  sign  the  agreement  on  termination  that  has  all 
elements, except the date, and the employer can activate it at any time just writing down 
the  date  when  this  agreement  will  enter  into  force.  The  employer  requested  that  she 
provide funds for the contributions that he paid for her health insurance, denied her the 
right to paid leave for going to the doctor during the pregnancy, and made it difficult to 
exercise the right to healthcare and sick leave due to irregular and incomplete payment of 
contributions.  In addition, the court determined victimisation of the employee, which is 
reflected  in  the  activation  of  the  blank  agreement  on  termination  of  employment  and 
deregistration from health insurance, after she reported the case of discrimination to the 
Labour  Inspectorate,  informed  the  public,  and  submitted  a  complaint  about  protection 
against discrimination to the Commissioner.  

The Court of Appeals in Belgrade brought a judgment in December 2021, which confirmed 
the decision of the High Court in Belgrade from April 2021, in the part in which the claim 
of  the  Commissioner  is  accepted.  It  found  that  the  defendant  committed  an  act  of 
discrimination based on sex and family status in labour and employment by placing the 
employee in an unjustifiably unfavourable position, by blackmailing her during pregnancy, 
maternity  leave  and  childcare  leave  by  signing  a  blank  agreement  on  termination  of 
employment,  by  asking  her  to  personally  provide  funds  for  contributions,  and  because 
irregular and incomplete payment of contributions made it difficult to exercise the right to 
healthcare and sick leave.298  

296  Commissioner for the Protection of Equality (Poverenik za zaštitu ravnopravnosti), J.J. from P. against the 
School for Primary and Secondary Education M., complaint No. 07-00- 00303/2018-02, opinion from 24 
December 2018. 

297  The Commissioner for the Protection of Equality, Regular Annual Report for 2021, 38. 
298  The Commissioner for the Protection of Equality (2022), Regular Annual Report for 2021, 130. 

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11.3 Access to courts 

11.3.1 Difficulties and barriers related to access to courts  

In Serbia, the access to courts is  safeguarded for  alleged victims of sex  discrimination. 
The GEA has several provisions which guarantee the access to courts, such as Article 46, 
which stipulates that the alleged victim of sex discrimination can initiate a lawsuit before 
the court of general jurisdiction, as well as before the court in whose territory the claimant 
has permanent residence or temporary residence. Also, this is the only anti-discrimination 
law in Serbia that provides release from advanced payment of the costs of proceedings: 
in Article 48 the GEA stipulates that in the proceedings to accomplish civil protection from 
gender-based discrimination, the claimant is released from advance payment of the costs 
of proceedings, which are paid from court funds.  

However, access to courts in Serbia is seriously impeded by several factors: the lack of 
knowledge about the existing legal anti-discrimination framework, the unwillingness of the 
victim to go to court, strongly rooted traditional stereotypes which entail a greater degree 
of  tolerance  of  discrimination  acts,  lack  of  family  support  in  some  cases,  etc.  Some 
boundaries are also seen in the fact that victims of discrimination cannot afford to seek 
legal  redress  when  violations  occur,  and  have  difficulties  in  physically  accessing  courts 
(some  buildings  are  often  physically  inaccessible  to  persons  with  disabilities  and  older 
persons, and there is a lack of state funding for translation and sign language facilities for 
individuals meeting with their lawyers).299 Therefore, the Government needs to support a 
wide-ranging public education campaign to inform those whom the laws are designed to 
protect and empower, about their rights and available remedies. Another issue is to what 
extent gender stereotypes and prejudices of prosecutors, judges and other public officials 
can impede the access to justice and the results of the case, but this issue has not been 
tackled. This issue is tackled in relation to the role of gender stereotypes in cases dealing 
with family matters,300 and in a case of a femicide.301 

In  Serbia,  the  access  to  courts  is  safeguarded  for  anti-discrimination/gender  equality 
interest groups and other legal entities.  

A civil lawsuit could have been initiated under the previous GEA, but the new GEA does 
not contain any provision on the proceedings, which means that provisions stipulated in 
the LPD on anti-discrimination procedure apply. Although the GEA was better equipped to 
serve victims of gender discrimination, there was no case law under this specialised anti-
discrimination law and victims have chosen the LPD for civil protection.  

Therefore,  the  LPD  provides  in  Article  35(3)  that  the  lawsuit  may  be  initiated  by  an 
organisation engaged in the protection of human rights, or the rights of a certain group of 
people on behalf of and with the agreement of the person whose rights have been violated. 
The lawsuit can also be initiated by the labour inspectorate (Article 35(4). Trade unions 
can represent a member in a labour dispute, a lawyer holding a bar exam (Article 85(3) 
of  the  Civil  Procedure  Code).  The  LPD  requires  that  if  discriminatory  treatment  solely 
affects one particular person, organisations may initiate a lawsuit only with his/her consent 
given in writing. Otherwise, this consent is not required. 

However, the right to intervention is not explicitly mentioned in the LPD, but it is based 
on Article 35(3-4), which gives standing for initiating lawsuits to organisations and to the 
Commissioner  for  the  Protection  of  Equality.  These  rights  also  derive  from  the  Civil 

299  Petrušić, N., Beker, K. (2018) Equality in Practice in Serbia, Implementing Serbia's Equality Laws, Equal 

Rights Trust, 87, 92-93.  

300  Ivana Krstic, Gender analysis for the Action entitled "Strenghtening the effective legal remedies to human 

rights violations in Serbia, Councilof Europe, 2020. 

301  Beker, K., Janjić, B., Lepojević, V. (2020), The Rights of Women and Gender Equality in 2019: zero report 
(Prava žena i rodna ravnopravnost u 2019. godini: nulti izveštaj), FemPlatz, Belgrade, May 2020, 62. 

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Procedure  Code  (Articles  215-217)  which  is  lex  generali  to the  LPD  and  recognises  the 
right to intervention in someone else’s anti-discrimination lawsuit for those who have legal 
authority to initiate the lawsuit. Article 215(1) states that ‘If a person has a legal interest 
in assisting one of the parties in the ongoing litigation between other persons, such person 
may join that party.’ The person who intervenes may become involved in the litigation at 
any time during the proceedings, until the judgment about the claim comes into effect, as 
well as during the proceedings continued by submitting a legal remedy (Article 215(2)). 

11.3.2 Availability of legal aid 

Serbia adopted a Law on Free Legal Aid,302 which was implemented on 1 October 2019. 
The report for the first year of its implementation is still lacking, while it was prepared and 
published  for  the  first  six  months  of  its  implementation.  Thus  far,  victims  of  gender 
discrimination could receive legal aid from different benefactors (mostly NGOs) in the form 
of information, legal advice and representation. However, the report published on the first 
six months of its implementation reveals several interesting results. First, a large number 
of  requests  are  related  to  divorce,  providing  spousal  maintenance,  and  custody  over 
children,  while in  criminal  proceedings,  free  legal  aid  is  requested mostly  by  victims  of 
domestic violence.303 Second, it is written that in some situations beneficiaries withdraw 
their request, most often in cases of domestic violence.304 This demonstrates that the need 
for free legal aid in cases of domestic violence is still very high, but that withdrawal of the 
request can be interpreted as victims of domestic violence not receiving proper aid and 
support. This could be expected as providers of legal aid are lawyers working in legal aid 
offices  in  municipalities  and  attorneys,  who  are  not  sensitised  to  providing  legal  aid  to 
victims of domestic violence. 

This legal aid can also be obtained by the Commissioner for the Protection of Equality in 
the form of information and legal advice, but also in the form of initiating a lawsuit by the 
Commissioner in a strategic case of discrimination. 

11.4 Horizontal effect of the applicable law 

11.4.1 Horizontal effect of relevant gender equality law 

The LPD primarily applies to public authorities, but it also has horizontal effect. Non-State 
actors are bound by its provisions, as it proclaims in Article 4(2) that everyone is obliged 
to  respect  the  principle  of  equality.  Therefore,  Article  2(4)  obliges  state  authorities  to 
follow  the  realisation of  gender  equality,  which  are  also responsible  for  development of 
active equal opportunity policies (Article 3(2)). It is only clear that the employer has some 
direct responsibilities, such as to provide equal opportunities  and equal treatment to all 
employees (Article 11(1)). 

11.4.2 Impact of horizontal direct effects of the charter after Bauer 

There is no horizontal direct effect of the charter after Bauer in Serbia.  

11.5 Burden of proof 

Serbian legislation provides for a shift of the burden of proof in sex discrimination cases.  

302  Law on Free Legal Aid, Official Gazette of the Republic of Serbia, No. 87/20018. This law was adopted on 13 

November 2018 and entered into force on 21 November 2018. 

303  Report of the Ministry of Justice on the implementation of the law on Free Legal Aid (Izveštaj Ministarstva 

pravde o sprovođenju Zakona o besplatnoj pravnoj pomoći), 31 March 2020, 6. 

304  Report of the Ministry of Justice on the implementation of the law on Free Legal Aid (Izveštaj Ministarstva 

pravde o sprovođenju Zakona o besplatnoj pravnoj pomoći), 31 March 2020, 4. 

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The LPD contains this provision in Article 45: 

‘If the claimant has made it probable during the proceedings that an act of gender-
based discrimination was committed, the burden of proof that such an act had not 
caused  any  violation  of  the  principle  of  equality,  namely  of  the  principle  of  equal 
rights and obligations, will be borne by the defendant.’ 

These provisions comply with EU law, specifically in the light of case C-415/10 Kelly and 
Meister.  However,  case  law  still  does  not  provide  clear  rules  on  the  application  of  this 
principle.  It  also  seems  from the  textual interpretation of the  relevant  articles that this 
rule applies only in a case of direct and indirect discrimination. The interpretation should 
be, however, that the rule on the shift of the burden of proof also applies to harassment 
and victimisation.305  

11.6 Remedies and sanctions  

11.6.1 Types of remedies and sanctions 

In Serbia, there is a range of applicable sanctions in sex discrimination cases.  

The special civil procedure is regulated by Articles 41 to 46. The procedure is urgent. In 
addition, the claimant may request, alongside the lawsuit—during the procedure, as well 
as after the end of the procedure, until the decision is executed—that the court temporarily 
prevent  the  discriminatory  treatment  in  order  to  eliminate  the  danger  of  violence  or 
greater irreparable damage (Article 44(1)). 

Article  43(4)  of  the  LPD  expressly  allows  compensation  for  material  and  non-material 
damage in a case of discrimination.306 Article 43, Paragraph 4 of the LPDPD also expressly 
provides  compensation  of  damages  that  occurred  due  to  a  discriminatory  act.307  The 
principles  from  the  Law  on  Contract  and  Torts  apply  to  determination  of  the  type  of 
damage, and a causal link between the discriminatory act and damage. 

However, according to Article 43 of the LPD, the claimant may also demand the following: 

- 

- 

- 
- 

to  impose  a  ban  on  an  activity  that  poses  the  threat  of  discrimination,  a  ban  on 
proceeding  with  a  discriminatory  activity,  or  a  ban  on  repeating  a  discriminatory 
activity; 
that the court establish that the defendant has treated the claimant or another party 
in a discriminatory manner; 
to take steps to redress the consequences of discriminatory treatment; and  
that the decision passed in any of the lawsuits referred to above be published.  

The LPD includes fines that can be imposed in misdemeanour proceedings, ranging from 
EUR 160 to 4 100 (RSD 20 000 to 500 000).  

Finally, some acts can be considered to be criminal acts, for which it is possible to impose 
monetary fines or imprisonment. Those criminal acts are:  

305  See Petrusic, N., Krstic, I., Marinkovic, T., (2016) Commentary on the Law on the Prohibition of 

Discrimination, The Commissioner for the Protection of Equality, Sluzbeni glasnik, Belgrade, 289. 

306  If the claimant is the Commissioner for the Protection of Equality, an organisation engaged in the protection 
of human rights or the rights of a certain group of people, or a person who deliberately exposed him/herself 
to discriminatory treatment intending to directly verify the application of the regulations pertaining to the 
prohibition of discrimination in a particular case, the compensation cannot be claimed. 

307  According to Article 43 of the LPDPD, the claimant can request: (1) court prohibition of further 

discriminatory behaviour, (2) remedying actions to remove the consequences of discriminatory behaviour, 
(3) the court's confirmation that an action or behaviour is discriminatory, and (4) compensation for 
pecuniary and non-pecuniary damages caused by discriminatory behaviour. 

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- 

- 

Violation  of  Article  128  (violation  of  equality):  a  maximum  of  three  years  of 
imprisonment  and  for  the  more  severe  form  three  months  to  five  years  of 
imprisonment;308 and 
Violation of Article 387 (racial and other discrimination) from three months to five 
years of imprisonment for the more severe form. 

11.6.2 Effectiveness, proportionality and dissuasiveness 

The LPD, the Labour Law and the Criminal Code provide different ranges of sanctions for 
discriminatory behaviour. These sanctions can be civil and criminal sanctions  and fines. 
However,  there  are  several  problems  which  affect  effectiveness,  proportionality  and 
dissuasiveness of sanctions. 

Firstly,  anti-discrimination  proceedings  are  urgent,  but  they  are  not  treated  as  such  in 
practice.  Especially  in  misdemeanour  proceedings,  the  whole  case  very  often  becomes 
obsolete, due to inaction of courts.309 Another problem is the execution of decisions of the 
court. 

The sanctions imposed are not very high, especially in relation to compensation for non-
pecuniary damages. However, amendments to the LPD from 2021 increased the monetary 
fines that can be imposed, which are not just symbolic in comparison to those provided in 
other laws. It remains to be seen how they will be implemented in practice. 

On the other hand, the LPD offers the possibility of introducing a temporary measure in 
order  to  prevent  discriminatory  treatment,  with  a  view  to  eliminating  the  danger  of 
violence or  some major irreparable damage. Also, the  LPD  includes  different measures, 
from the prohibition of discriminatory acts and compensation to the publication of the court 
decision, which has proved to be a very efficient measure in Serbia, especially in relation 
to the opinions issued by the Commissioner for the Protection of Equality. 

11.7 Equality body  

Serbia has an equality body, the Commissioner for the Protection of Equality.310  

The Commissioner has the competence to deal with all grounds of discrimination covered 
in  the  LPD.  It  explicitly  covers  ‘race,  sex,  national  origin,  social  origin,  birth,  religion, 
political  or  other  opinion,  property  status,  culture,  language,  age,  mental  or  physical 
disability’, and all other grounds of discrimination not mentioned in Article 2(1).  

The Commissioner is an independent, autonomous and specialised state body elected by 
Parliament, which has a wide mandate in the area of the promotion of equality and anti-
discrimination in all areas of social life.  

The Commissioner has a range of measures available, but from the perspective of victims 
of  discrimination  the  most  relevant  is  to  receive  and  consider  claims  regarding 
discrimination, to provide an opinion and recommendations in concrete cases, to provide 
information  to  the  complainant  on  his/her  rights  and  possibilities  of  initiating  a  court 
procedure or other type of protection measures, and to file complaints for protection from 
discrimination on behalf of but with the approval of the discriminated person and to file 

308  In 2016, Article 128 was extended to also include gender identity. Amendments to the Criminal Code, 

Official Gazette of the Republic of Serbia, No. 94/2016. 

309  Krstić, I. (2018), Zabrana diskriminacije u međunarodnom i domaćem pravu (The prohibition of 

Discrimination in International and Domestic Law), Pravni fakultet Univerziteta u Beogradu, Beograd, 301. 

310  The official website is http://ravnopravnost.gov.rs/en/. 

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offence  reports  against  the  prohibited  discrimination  act.311  In  short,  it  has  two  main 
responsibilities: to prevent and to protect from discrimination. 

The  mandate  of  the  Commissioner  Brankica  Janković  expired  on  27  May  2020.  Her 
mandate  was  renewed  on  26  November  2020,  for  a  five-year  period.  For  six  months, 
citizens  of  Serbia  had no  available  legal  remedy  for  the  protection  from  discrimination, 
which they lost at a time when they were trying to question many discriminatory measures 
in relation to the COVID-19 crisis. 

11.8 Social partners  

Social  partners  in  Serbia  play  an  important  role  in  ensuring  compliance  with  and 
enforcement of gender equality law, although it can be said that their work should be much 
more  intense  and  wider.  The  Confederation  of  Autonomous  Trade  Unions  of  Serbia, 
Women’s  Section,  performs  activities  aimed  at  empowering  women,  increasing  their 
visibility and representation in the trade union organs, improving gender equality, equality 
in  the  field  of  employment,  protection  of  women’s  rights  and  protection  of  maternity, 
abolishing discrimination.312 The Section organises seminars and round tables, publishes 
brochures,  and  cooperates  with  governmental  bodies,  NGOs  and 
international 
organisations on different matters. 

The new GEA in Article 6(1)(21) stipulates that social partners are: the Government, the 
competent body of the Autonomous Province, the competent body of local self-government 
unit, representative trade unions, representative associations of employers, producers and 
sellers of goods and service providers, public companies and public services. The action 
plan  determines  the  manner  of  work  among  social  partners  (Article  15(2)).  Under 
Article 35, social partners are obliged to provide equal opportunities for women and men 
to participate in the negotiating committees, and to take appropriate special measures in 
the event of significant gender imbalance.  

The  social  partners  in collective  bargaining  at all levels  are  working  together  to  ensure 
gender equality in terms of:  

1)   conditions  for  access  to  employment,  self-employment  or  occupation,  including 
criteria  and  conditions  for  selection  of  candidates  for  jobs  within  the  professional 
hierarchy;  

2)   working conditions, including salary and other remuneration for work of equal value;  
3)   promotion at work, i.e. access to the right to professional development, professional 

training and additional education;  

4)   harmonisation  of  private  and  professional  life,  especially  in  connection  with 
pregnancy, maternity leave, leave for childcare and leave for special childcare, i.e. 
paternity and maternity (parenthood), adoption, foster care, guardianship;  

5)   prevention  of  gender-based harassment  and sexual harassment  in the  workplace, 

during employment, professional development and promotion;  
implementation of measures to prevent discrimination based on sex or gender;  

6)  
7)   monitoring workplace practice;  
8)   monitoring of collective agreements, codes of conduct;  
9)   encouraging research or exchange of experiences and examples of good practice;  
10)   introduction of flexible working hours in order to facilitate the reconciliation of private 

and professional life; and  

311  The Commissioner also submits annual and special reports to Parliament on the situation in the equality 
protection field; informs the public about the most common, typical and severe cases of discrimination; 
monitors the enforcement of the law and other regulations; initiates the adoption of or amendments to such 
regulations; and provides an opinion on the provisions of the law and other regulations with regard to the 
fight against discrimination; establishes and maintains cooperation with bodies in charge of equality and 
human rights protection on the territories of the Autonomous Provinces and local self-governments; and 
recommends equality measures to state bodies and institutions. 

312  See more on the website of CATUS, Women’s Section, at http://www.sindikat.rs/ENG/women.html. 

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11)   concluding  agreements  at  the  appropriate  level,  which  determine  the  rules  for 
combating discrimination in areas that are within the scope of collective bargaining. 

According to the amendments to the Labour  Law, from June 2014, the provisions of all 
collective agreements not contrary to the law remained in force until 29 January 2015. 
Therefore, new collective agreements were concluded in the first half of 2015, in order to 
comply with the amendments to the Labour Law and in order to support the affirmation of 
social  dialogue.  Also,  a  special  collective  agreement  was  signed  for  the  public 
authorities,313  providing  better  working  conditions  and  more  rights  for  employees.  It 
provides some further protection for pregnant workers and those on maternity leave and 
leave for childcare.  

The  Labour  Law  specifies  the  minimum  rights  of  employees,  together  with  the  general 
collective agreement which is not designed to implement gender equality law.314 However, 
the  scope of  gender  protection enshrined  in  the  Labour  Law  has  been  explained in this 
report. The Labour Law is relevant for all employers, regardless of their business activities. 
Since  specific  collective  agreements  are  used  to  provide  more  extensive  rights  for 
employees, with the latest changes, an employer will have more freedom to determine the 
rights of his employees, but it has to respect the minimum norms stipulated in the Labour 
Law and the general collective agreement. 

11.9 Other relevant bodies 

Strategic  litigation  can  be  initiated  by  the  Commissioner  for  the  Protection  of  Equality. 
Since its foundation in 2010, the Commissioner has initiated 20 strategic lawsuits, out of 
which five were gender discrimination cases.  

The  Ombudsman 
(Protector  of  Citizens),  whose  Office  was  established  on 
24 December 2007,  is  another  independent  body  that  protects  and  promotes  the 
fulfilment  of  citizens’  rights  by  controlling  whether  the  bodies  and  organisations 
exercising  public  authority  perform  their  job  in  a  legal  and  regular  manner.  Some 
issues  from  his/her  domain  can  be  linked  with  gender  equality. 315  The  Protector  of 
Citizens  can  be  addressed  by  filing  a  complaint  or  contacted  directly  by  anyone 
(Serbian  citizens,  foreigners,  stateless  persons,  refugees,  displaced  persons,  citizen 
associations, legal entities, etc.) who believes themselves to be deprived of their rights 
by  improper  application  of  regulations  of  the  Republic of  Serbia  (or  failure to  apply 
them)  by  administrative  bodies.  However,  prior  to  filing  a  complaint,  complainants 
must  try  to  protect  their  rights  in  an  appropriate  legal  procedure.  Also,  the 
Ombudsman cannot initiate strategic litigation.  

Strategic  litigation  can  be  initiated  by  civil  society  organisations  (CSOs)  and  the  tester 
(person who deliberately exposed himself/herself to discrimination). In practice, strategic 
litigation  initiated  by  actors  mentioned  above  is  rare,  especially  in  relation  to  gender 
equality.  

11.10 Evaluation of implementation 

Despite positive legal provisions governing legal standing, burden of proof and jurisdiction, 
which are broadly consistent with EU law, access to justice for victims of discrimination in 
Serbia is seriously impeded in practice.  

313  Special collective agreement for the public authorities, Official Gazette of the Republic of Serbia, 

Nos 25/2015, 50/2015. 

314  The Minister of Labour and Social Policy rendered a Decision stipulating that the General Collective 

Agreement shall apply to all employers in the territory of the Republic of Serbia; Official Gazette of the 
Republic of Serbia, No. 104/2008, Annex I, 8/2009 Annex II, 11 November 2008. It has applied since 1 
January 2009. 

315  The Law on the Protector of Citizens, Official Gazette of the Republic of Serbia, Nos 79/2005, 54/2007.  

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Country report - gender equality – Serbia - 2022 

The  existing  mechanism  for  protection  from  gender  discrimination  in  Serbia  is  very 
satisfactory. There are several possible ways to be protected, including  a free of charge 
and effective complaint procedure before the Commissioner for the Protection of Equality. 
However, the Commissioner  cannot impose  fines  for  discriminatory acts. In addition,  in 
practice, so far the monetary fines were mostly symbolic in comparison to some other laws 
and  cannot  be considered to  be dissuasive.  Hopefully, the  amendments to  the  LPD  will 
allow an increase of issued monetary fines in the area of anti-discrimination law. 

In  addition,  there  was  a  confusion  caused  by  the  existence  of  three  special  anti-
discrimination procedures, which also introduce different protective measures. In practice, 
no cases were brought under the procedure established in the GEA and all complaints were 
initiated by the LPD. Thus, the new GEA does not contain a special procedure and all anti-
discrimination cases  are now referred to  the  procedure stipulated in the LPD. However, 
some more progressive solutions that the GEA contained no longer exist. 

11.11 Remaining issues 

The effective functioning of equality law requires the adoption of specific rules relating to 
evidence and proof, including the reverse burden of proof, which is stipulated in the law, 
but is still not applied correctly in practice. Also, a better understanding of gender equality 
norms, sensitisation to the issue, and the need to tackle gender stereotypes and prejudices 
on the part of public officials, including judges and prosecutors, deserves closer attention. 
It is also important to have access to court rulings in order to evaluate the legal practice. 
Although the amendments to the LPD stipulate that the courts will register discrimination 
cases  and  send  them  to  the  Commissioner  for  Protection  of  Equality  with  the  aim  of 
establishing electronic evidence, the bylaw that was supposed to arrange this procedure 
had not been adopted by the end of 2021. 

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Country report - gender equality – Serbia - 2022 

12  Overall assessment  

Many problems that existed in Serbian anti-discrimination legislation were removed by the 
adoption of the new GEA and with amendments  to the LPD. However, a few challenges 
remain:  

Legal provisions 

1. 

Serbian law does not address wage transparency. 

2. 

There is no possibility for flexible working arrangements, such as arrangements by 
which workers can ‘bank’ hours to take time off in the future. 

3. 

The LPD does not expressly cover self-employment. 

4. 

Serbian legislation does not make any specific references to pregnancy, maternity 
and  parenthood  discrimination  in  relation  to  the  access  and  supply  of  goods  and 
services as a form of gender discrimination. 

Protection mechanisms and implementation issues 

1. 

2. 

3. 

4. 

5. 

Court  practice  is  still  underdeveloped  and  sanctions  for  gender  discrimination  are 
mild and cannot be perceived as effective and dissuasive.  

Although different national strategies were adopted in order to tackle discrimination 
and many measures were implemented in order to improve sex equality, women still 
face everyday discrimination, particularly in the workplace.  

There are many difficulties in relation to the application of the principle of equal pay 
for equal work and work of equal value in practice, as well as in relation to access to 
work, vocational  training,  employment,  working  conditions,  etc.  In  general,  many 
women are asked about their family plans in interviews, and many of them are faced 
with limited access to work and with termination of their employment contract after 
returning from parental leave. Also, fathers are still not equal in their rights to take 
parental leave, and apart from the unsatisfactory legal norm, the cause of this should 
be sought in the deeply rooted gender stereotypes and traditional roles for women 
and men.  

There are also many obstacles to the punishment of perpetrators of gender-based 
violence, as well as a lack of resources and supporting mechanisms for victims.  

NGOs as providers of free legal aid need to be recognised in the Law on Free Legal 
Aid in order to secure better access to justice for victims of domestic violence.  

It can be concluded that the implementation of existing legislation must be improved in 
practice,  and  that  all  relevant  partners  must  implement  different  measures  in  order  to 
comprehensively  combat  sex  discrimination  and  tackle  gender  stereotypes.  The  State 
needs to include gender mainstreaming systemically and avoid any delay in adopting and 
implementing  laws  and  strategies  concerning  gender  equality.  The  COVID-19  crisis 
revealed  that  many  measures  were  not  tackled  from  the  gender  perspective,  with 
particular  attention  to  women  exposed  to  multiple  discrimination.  In  many  cases, 
measures were not proportionate and could not prevent the deepening of gender inequality 
in Serbia. 

98 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – Serbia - 2022 

Bibliography 

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- 

- 

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- 

Commissioner  for  the  Protection  of  Equality  (2022)  Redovan  godišnji  izveštaj 
Poverenika za zašitu ravnopravnosti (Regular Annual Report of the Commissioner for 
the Protection of Equality for 2021), Belgrade, March 2022. 

Commissioner for the Protection of Equality (2021) Rodna ravnopravnost i ravnoteža 
između  poslovnog  i  privatnog  života  (Gender  Equality  and  Balanse  between 
Profesional and Private Life), Belgrade, June 2021. 

Konstantinović  Vilić,  S.,  Petrušić,  N.  (2021)  Pokušaj  femicida  i  femicid  u  Srbiji: 
sprečavanje i procesuiranje (Attempts at femicide and femicide in Serbia: prevention 
and prosecution), FemPlatz, Pančevo, Niš. 

Konstantinović Vilić, S., Petrušić, N., Žunić, N., Beker, K. (2021) Nasilje u porodici i 
zloupotreba  vatrenog  oružja  (Domestic  violence  and  the  prohibition  of  firearms) 
UNDP, Belgrade. 

Vilić,  V.,  Beker,  K.  (2021)  Položaj  žena  u  sindikatima  u  Srbiji  (The  Positions  of 
Women in Trade Unions in Serbia), OSCE, FemPlatz, Pančevo. 

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