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Statement by MODS on the occasion of the Universal's Children Day

On the Universal Children’s Day, Network of Organizations for the Children of Serbia (MODS) regrettably reminds that there are many children in Serbia who are unable to exercise their rights. Some of these rights, according to the Convention on the Rights of the Child, are – the right to live, the right to have the name, the right to live with their parents, the right to express their opinions, the right to be healthy, to receive the medical treatments and rehabilitation, to get the education, to be able to play, rest, the right to be protected from economic exploitation, to be protected from all forms of the physical or mental abuse.

Unfortunately, the available data show that many of children’s rights are endangered, or not available to every child. In other words, all children in Serbia are equal, but some are more equal than the others.
The children who are being raised in poverty are less likely to have the same level of education as the children from wealthier families. Also, they are more likely to have smaller salaries than wealthier children later in life, and this difference grows bigger and bigger with time. The poverty risk rate of children in the Republic of Serbia is substantially higher in comparison to 28 members of European Union in 2012. (30% in comparison to 20,8%).

It is estimated that 6.041 children is separated from their parents. 15% of those children are placed in residential institutions. However, there is a trend of increased number of children which are taken from their biological families who are using the services of residential placement. In 2013, 1.202 children were taken from their biological families. 435 children were taken due to the severe neglect and abuse. The analysis shows that only in 15% of cases there was a long-term support to the family prior to displacement of the child and that in 19% of cases, no measures to strengthen the family were taken. There is also not enough support to the young people who leave the residential institutions and foster homes, which are the temporary measures of child care. 

Family support services have been unjustly neglected in the course of the Social welfare reform. It is very important that these services become the priority in the further development of Social welfare, in order to provide further support to the deinstitutionalization of these services and to the right of a child to live in a family. 

The reality is that the public kindergartens are mostly attended by children (3-5 years) from the wealthiest families (82%), while the number of children from the low-income families is very small (8,6%), and extremely small in case of Roma population children (5,5%).

There are two very important strategic documents in Serbia which will expire in 2015 – National plan of action for children, in which the general strategy regarding children was defined for the period 2005.-2015, and the National strategy for the prevention and protection of children from violence 2008-2015.

Therefore, we invite the Government of Republic of Serbia and the ministries in charge, to plan and implement the measures in such a way that:

• all children in Serbia exercise their rights under equal conditions,
• the resources for children are put to better use,
• the funds allocated for children are adequate and that they ensure that all children live in a family and their community,
• the procedures for obtaining the child allowance are simplified, that the right to child benefit is extended and increased for the amount of the purchase of textbooks and school supplies,
• the coordination of all the systems involved in the protection of children’s rights is improved,
• the children are finally given a priority at the state and local levels without any discrimination.

The Misdemeanor Court in Belgrade rendered a judgement sentencing C. M. to a fine of 6,000 RSD for not possessing the ID card and for begging.

As stated in the judgement, C. M. was asking for charity the drivers of stopped vehicles in one Belgrade street, and therefore she was sentenced to the fine of 4,000 RSD. She was also reprimanded for living in Belgrade for a year without registered residence.

To obtain the ID card, C. M. needs to register permanent residence in Belgrade or travel to the place where she has permanent residence registered. C. M. is unemployed, divorced and has seven children and no financial means to travel to the place of permanent residence. Given that she lives in an informal (cardboard) settlement in Belgrade, she cannot register permanent residence at that address and thus obtain the ID card.

In case of not paying the fine, the law envisages the replacement of fine with the term of imprisonment by converting each one thousand dinars into one day of imprisonment. To appeal against the judgement within the period of 8 days, it is necessary to enclose evidence proving that administrative fine in the amount of 900 RSD has been paid.

Praxis and Equal Rights Trust (ERT) from London, with the support of the Commissioner for Protection of Equality, held a roundtable Antidiscrimination Legal and Strategic Framework – Defining Priorities and Challenges of the civil Society in Nis on 5 November 2015.

The goal of the roundtable was to define join priorities and key challenges of civil society organizations related to the implementation of antidiscrimination legal and strategic framework. The roundtable was organized within the project Empowering Civil Society to Improve the Implementation of Anti-discrimination Laws in Serbia, supported by the European Union. It was attended by 40 representatives of civil society organizations , law students and human rights activists.
 
The roundtable was opened by Ivana Stjelja, Coordinator of Antidiscrimination Programme in Praxis. Following the opening words, the present were addressed by Nevena Petrusic, PhD, from the Faculty of Law in Nis. She was talking about the importance of acquiring this kind of knowledge at law studies, which does not have enough attention paid to at the time.

Afterwards, the participants were divided into six working groups, with an aim to define priorities and main challenges in the respective areas. The working groups were led by experts: Tamara Lukšić-Orlandić, child rights; Jovanka Todorović Savović, Labris, LGBT rights; Milan Pantelić, Praxis, gender equality; Marija Demić, SKRUG- League of Roma, Roma rights; Dragana Ćirić Milovanović, MDRI, rights of persons with disabilities and Vladimir Petronijević, Grupa 484, rights of migrants. Priorities and challenges in these areas were then presented at the panel discussion.

Inadequate implementation of the applicable legal regulations, adoption of new legal regulations and bylaws and their compliance with international standards are the main challenges in the area of antidiscrimination legislation. Struggle against prejudices, stereotypes and hate speech is the main strategic factor which civil society organizations should focus on. Having in mind that vulnerable groups mainly face similar problems, the cooperation of relevant actors dealing with the rights of those vulnerable groups is of utmost importance. Multidisciplinary approach to discrimination, primarily to indirect and multiple discrimination, would enable a better insight into the challenges we are facing and open new opportunities for cooperation. In addition, it is also important to acquire knowledge about discrimination through formal and informal knowledge.

In May 2015, Praxis conducted two workshops on child, early and forced marriages for Roma women and Roma men from the settlement Blazevo, Novi Pazar, with UNHCR support. The workshops were designed in a way that women/girls participated on the first day and men/boys on the second. The reason to divide participants on the basis of sex is the fact that child, early and forced marriages differently affect the lives of men and women, actually that girls/women are largely those who suffer the consequences of such marriages.

A total of 40 persons – 20 men/boys and 20 women/girls participated in the workshops. The following topics were tackled through discussion and examples from practice: position of women and men within the Roma community, traditional customs, importance of education, availability of health care, child upbringing, life without violence, and legal framework regulating the exercise of the stated rights.

In addition, the video clips Avoid My Destiny and I'm a Roma Woman were played.

The goal of the workshops was to open a discussion within the Roma population about harmful traditional customs, and to discover mechanisms that would help to easily leave the circle of poverty.



For more information, see:  Workshop on child, early and forced marriages in Novi Pazar

In May 2015, Praxis conducted two workshops on child, early and forced marriages for Roma women and Roma men from the settlement Blazevo, Novi Pazar, with UNHCR support. The workshops were designed in a way that women/girls participated on the first day and men/boys on the second. The reason to divide participants on the basis of sex is the fact that child, early and forced marriages differently affect the lives of men and women, actually that girls/women are largely those who suffer the consequences of such marriages.

A total of 40 persons – 20 men/boys and 20 women/girls participated in the workshops. The following topics were tackled through discussion and examples from practice: position of women and men within the Roma community, traditional customs, importance of education, availability of health care, child upbringing, life without violence, and legal framework regulating the exercise of the stated rights.

In addition, the video clips Avoid My Destiny and I'm a Roma Woman were played.

The goal of the workshops was to open a discussion within the Roma population about harmful traditional customs, and to discover mechanisms that would help to easily leave the circle of poverty.



For more information, see: Workshop on child, early and forced marriages in Novi Pazar

Acting upon the Praxis complaint, the Commissioner for Protection of Equality has established that Informer Daily has not violated the Law on Prohibition of Discrimination by publishing the article entitled ”ATTENTION! Malaria, Polio and Bird Flu Arrive with Migrants” as of 1 July 2015.

The Commissioner for Protection of Equality is of the opinion that “the author of the text transmits the quoted statements, opinions and views of the epidemiologists and therefore the responsibility of the journalist/editor-in-chief for statements given by another person is not justified…”.  In the conclusion, the Commissioner relies, among others, on international resources and practice, particularly the jurisprudence of the European Court of Human Rights, which implies that limitations of freedom of expression shall not be such to “discourage the open discussion about the issues of public interest”.

Despite the Commissioner’s opinion, Praxis is of the opinion that responsibility of media cannot be excluded by the fact that opinions of third persons are “just” transmitted in the text, because it is the purpose and the responsibility of the editor-in-chief to take the responsibility for the information that is communicated in the newspaper. We agree that in a democratic society freedom of expression may be only exclusively limited and that such limitations shall not “discourage the open discussion about the issues of public interest”. However, the disputed statements, assessments and views are not such.

The lack of conviction of Informer Daily writing is the missed opportunity to clearly indicate the responsibility of media when reporting and obligation not to contribute to discrimination, spread unjustified fear and intolerance towards refugees and migrants passing through Serbia, and to highlight that discrimination cannot be justified with the argument that it is just transmission of the statement by a interlocutor.

For more information, see the statement: The Commissioner for Protection of Equality Established that Informer Daily Did Not Discriminated against Refugees and Migrants

Acting upon the Praxis complaint, the Commissioner for Protection of Equality has established that Informer Daily has not violated the Law on Prohibition of Discrimination by publishing the article entitled ”ATTENTION! Malaria, Polio and Bird Flu Arrive with Migrants” as of 1 July 2015.

Relying on national and international legislation, Praxis pointed out that disputable text makes unjustified difference between the refugees from Syria, Iraq and Afghanistan and other foreigners coming to Serbia from the countries with the risk of the mentioned diseases. The text does not contain any official data on possible growth of infectious diseases in Serbia and highlighting the nationality and belonging to certain group is not in the function of understanding the context of the event that is reported about. In addition, the disputable article unjustifiably brings anxiety and fear, given that the title of the sidebar also suggests that “each contact with migrants is dangerous”.

The Commissioner for Protection of Equality is of the opinion that “the author of the text transmits the quoted statements, opinions and views of the epidemiologists and therefore the responsibility of the journalist/editor-in-chief for statements given by another person is not justified…”.  In the conclusion, the Commissioner relies, among others, on international resources and practice, particularly the jurisprudence of the European Court of Human Rights, which implies that limitations of freedom of expression shall not be such to “discourage the open discussion about the issues of public interest”.

Despite the Commissioner’s opinion, Praxis is of the opinion that responsibility of media cannot be excluded by the fact that opinions of third persons are “just” transmitted in the text, because it is the purpose and the responsibility of the editor-in-chief to take the responsibility for the information that is communicated in the newspaper. We agree that in a democratic society freedom of expression may be only exclusively limited and that such limitations shall not “discourage the open discussion about the issues of public interest”. However, the disputed statements, assessments and views are not such.

The lack of conviction of Informer Daily writing is the missed opportunity to clearly indicate the responsibility of media when reporting and obligation not to contribute to discrimination, spread unjustified fear and intolerance towards refugees and migrants passing through Serbia, and to highlight that discrimination cannot be justified with the argument that it is just transmission of the statement by a interlocutor.

See also the statement: Informer Daily Violated the Code of Ethics of Journalists of Serbia

Statement published in the following media: CENZOLOVKA
                                                             ROMAWORLD

We mark the 20th June, World Refugee Day, with a feeling of a great uncertainty over the faith of a great number of migrants passing through our country, lacking protection from violence, discrimination, abuse, maltreatment and insults.

Unaccompanied child migrants are one of the most vulnerable groups. Misdemeanour courts in Serbia proceed upon charges against child migrants for illegal border-crossing, even though numerous international and European regulations state that children cannot be deprived of liberty only because of the lack of migratory status. Furthermore, there have been cases of breaching legal obligations by conducting procedures without the presence of a guardian or an interpreter.

Unaccompanied child migrants are forced to leave their homes, which is sufficient reason for being granted international protection. Regardless of the fact that most migrants do not wish to stay in Serbia, state bodies are obliged to ensure protection of their rights during their stay in our territory and to treat unaccompanied child migrants in accordance with the principle of the best interests of a child.