In relation to the opinion of the Commissioner for Protection of Equality, issued upon Praxis complaint filed against the Nis City Administration, Department of Education, Culture, Youth and Sport, and against the Primary School “Vuk Karadzic” from Nis for segregation and discrimination of Roma children, Praxis addressed the Commissioner with a request for delivery of information about whether and to what extent the stated Department proceeded in accordance with the recommendation contained in the Commissioner’s opinion within the given deadline.

Representatives of the Department of Education, Culture, Youth and Sport informed the Commissioner for Protection of Equality about the undertaken activities aimed at formulating and realizing the plan of measures whose implementation should overcome or at least reduce the circumstances stated in the complaint. The problem lies in the fact that, in the last twenty years, 90% of pupils enrolled in the Primary School “Vuk Karadzic” in Nis have been children of Roma national minority, while on two to three children per generation have belonged to non-Roma population. The stated situation comes as a result of a circumstance that the school is located near a large Roma settlement, but also of the fact that responsible authorities have not taken any active measures in the previous years to change such state of affairs.

In addition to the statement that proceeding upon the recommendation is a process, the information received from the stated Department also pointed to the conclusions adopted at the meeting of the representatives of relevant organizations and bodies, organized with the aim of coordinating future activities for removal of the problem of segregation in this school. It was concluded that material conditions for work should be improved, that it was necessary to permanently work on improvement of the quality of activities the school offers, to undertake activities aimed at media coverage of school work, but also to interest parents and children of all nationalities through a marketing approach. It was pointed out that the NGO “Ponos” had accepted to conduct a poll in the upcoming period in order to define the causes of the problem and to give basis for further work on its elimination. The Department of Education, Culture, Youth and Sport ordered the participants at the meeting to deliver their suggestions in writing that would be used for shaping further activities related to drafting a comprehensive plan of measures for overcoming the stated problem.

What is noticeable is that the proposal of the actual measures or the proceeding that would efficiently reduce the existing differences between the pupils of the Primary School “Vuk Karadzic” in Nis is still missing. By engaging all available mechanisms of the society, the response to each form of discrimination or any other negative social influence should be pragmatic and consistent, without investing time in formulating solutions that are hardly applicable in practice.

See the announcement: Commissioner for Protection of Equality Has Not Established Discrimination Irrespective of Segregation in Primary School “Vuk Karadzic” in Nis

NGO Praxis appeals to the relevant authorities to find an urgent solution for funding the Children's Shelter, since its closure has been planned for 1 April this year.

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We hereby appeal to the competent State and City authorities to urgently find a solution for sustainable and comprehensive financing of one of the most important services of social protection – the Drop-in Center for street involved children, bearing in mind the envisaged closure of the Drop-in Center as of 1st April.

We are aware of the difficult economic situation in the Republic of Serbia, but we hope that, prior to the announced closure, a manner will be found to enable the Drop-in Center to continue its work without hindrance, so that the children living and working in the street can have a safe place where they will be provided necessary support, understanding and help. Without services of the Drop-in Center, the City of Belgrade and the Republic of Serbia will express unwillingness and incapability to protect one of the most vulnerable categories of children. The announced closure of the Drop-in Center and lack of full understanding for the service will be a blow to all those who hope that they can change the society for the better with their ideas and actions.

Therefore, we appeal to the Ministry of Labour, Employment and Social Policy to urgently find a solution for financing the Drop-in Center for street involved children in cooperation with the Centre for Youth Integration and the Secretariat for Social Welfare of the City of Belgrade.

The Appeal has been supported by 59 civil society organizations and 309 individuals.

See: Appeal
Centre for Youth Integration Announcement: Decision on Closure of the Drop-in Center (Serbian only)

The latest changes of the Regulation of the content, form and manner of submitting a unique application for mandatory social insurance, unique methodological principles and unique codex of codes for entry of data in the unique basis of the Central Register of mandatory social insurance (Regulation) have envisaged that persons of Roma nationality need to enclose the evidence on registration of permanent residence at the address of institution or social welfare center (SWC), in addition to the statement on national belonging, when applying for health insurance.

However, the problem of inability to obtain health booklets for persons of Roma nationality who do not have permanent or temporary residence registered and do not fulfill the conditions for insurance on some other grounds has not been solved in this way. The greatest problem in the application of newly adopted provision lies in the fact that this norm has been adopted based on the solution of the new Law on Permanent and Temporary Residence of Citizens and accompanying bylaws which provide for the possibility of registration of permanent residence at the address of SWC, which has not been consistently applied yet. The reason for that is the lack of detailed information and precise guidelines on the manner of acting of state bodies in relation to registration of permanent residence at the address of SWC.

It is clear that the solution envisaged by the Regulation, at least under the current conditions, cannot facilitate the access to right to health insurance for persons of Roma nationality. Considering the fact that it is one of the most vulnerable social groups in Serbia, the regulations in this area need to be changed as soon as possible and the access to health protection and health insurance for members of Roma population ensured, without violating the previously achieved level of human rights.

Read the announcement: New Conditions for Persons of Roma Nationality Applying for Health Insurance – Inapplicable Solutions

The latest amendments to the Regulation on the content, form and manner of submitting a unique application for mandatory social insurance, unique methodological principles and unique codex of codes for entry of data in the unique basis of the Central Register of mandatory social insurance (hereinafter Regulation) envisage that, in addition to enclosing a statement on nationality, persons of Roma nationality should also submit evidence of registration of permanent residence at the address of institution or social welfare centre (SWC) when applying for health insurance.

However, these amendments have not removed the problem referring to impossibility of persons of Roma nationality who do not have permanent or temporary residence registered and who do not fulfil conditions for insurance on any other basis to obtain health booklets.

Even though the Law on Health Insurance defines members of Roma national minority as a particularly vulnerable category of the insured and recognizes the specific characteristics of their social, material and health status, offering legal basis for regulating the issue of access to health insurance in a simple and acceptable manner, the stated amendments to the Regulation again condition the application for health insurance with the request to submit registration of permanent or temporary residence. Thus the by-law subsequently changes the purpose of the law to disadvantage of the rights of citizens guaranteed by the law. Besides, it should be pointed out that, in the period from July 2010 to March 2012, the branch offices of the Republic Fund for Health Insurance directly implemented the provisions of the Rulebook of the Method and Procedure of Exercise of Rights from the Mandatory Health Insurance, amended in the procedure for legislative review before the Constitutional Court, initiated by Praxis: persons of Roma nationality could have applied for health insurance on the basis of statement on the place of temporary residence (in addition to the statement that they belong to Roma nationality), without enclosing confirmation of permanent/temporary residence registration. In this period, a satisfactory level of protection of Roma population related to the possibility to access the right to health insurance and health care was achieved. Thus, every further deviation from previously established practice and achieved level of human rights may also be observed as violation of Article 20, paragraph 2 of the Constitution of the Republic of Serbia which prescribes that “attained level of human and minority rights may not be lowered.”

However, the greatest problem in the application of the newly adopted provision lies in the fact that it was brought relying on the solutions offered in the new Law on Permanent and Temporary Residence of Citizens and the related by-laws that envisage the possibility of registering permanent residence at the address of the social welfare centre, but these solutions are not consistently applied. The reason for this is nonexistence of detailed information and guidelines on the manner of proceeding of state bodies and services. There have been disputes related to interpretation of the provisions of the Instruction for acting upon registration of permanent residence at the address of SWC of the Ministry of Labour, Employment and Social Policy ever since its adoption. Since the beginning of 2013, there have been several official meetings organized dedicated to resolving the disputable issues related to the possibility to register permanent residence at the address of SWC, which have also been attended by Praxis representatives. Satisfactory solutions or guidelines have not been reached at any of these meetings, not even through the discussion of participants – representatives of state and other bodies, organizations and institutions. Following the entry into force of the new Law on Permanent and Temporary Residence of Citizens, on behalf of its clients, Praxis initiated several procedures for registration of permanent residence at the address of the SWC, but due to the existing weaknesses of the legislation in this field, only one procedure has been successfully solved.

Under the present conditions, deciding upon requests for registration of permanent residence at the address of SWC has not been applied as prescribed by the law so far. It is clear that the solution prescribed by the Regulation will not facilitate the access to rights from health insurance for the persons of Roma nationality, at least not under the present conditions. Bearing in mind the fact that this is one of the most vulnerable population groups in Serbia, the existing legislation in this field should be changed as soon as possible and the members of Roma population ensured access to health care and health insurance without being conditioned by fulfilment of the administrative request related to registration of permanent/temporary residence.

Read more: Instructions for Proceeding in the Procedure for Registration of Permanent Residence at the Address of Social Welfare Center – New Bureaucratic Complications
Instruction of the Republic Fund of Health Insurance Related to Applying for Health Insurance by Persons of Roma Nationality – Deepening of the Problem

On 8 March 2013, the introductory seminar for students of the Legal Clinic for the Issues of Discrimination was held at the Faculty of Law of the University of Belgrade, organized by Praxis in cooperation with the Faculty of Law.

Praxis representatives first presented the role and importance of activities carried out by non-governmental organizations in their fight against discrimination. By presenting the forms, spreading and consequences of discrimination in our region, Praxis representatives pointed at the problems in access to personal documents and basic rights for internally displaced persons and members of Roma national minority, as social groups that are most exposed to different forms of discrimination. In addition, there was also a word about the importance of strategic lawsuits and accordingly a strategic case was presented. In the end, the students had an opportunity to see Praxis videos “Here I Am – Legally Invisible” and “Here I Am – Forced Evictions”.

Theoretical lecture on the term and forms of discrimination will be held at the Faculty of Law, while the practice will be realized in cooperation with Praxis. The practical part of the lecture includes the work in Praxis offices – acquainting the students with the system and organization of work in Praxis, being present when Praxis lawyers provide counseling and free legal aid, and participating in field visits to informal settlements where marginalized and socially excluded groups live. The participation in the stated activities will enable the students not only to get some knowledge about the practical aspects of the work with the most vulnerable categories of citizens, but also to become sensitized about the problems of the members of socially marginalized groups, difficulties they face on a daily basis and the need to solve the stated problems systematically with commitment of all relevant stakeholders and effort invested by the whole community. 

Upon the complaint filed by Praxis against Surdulica Primary School “Jovan Jovanovic Zmaj” and the headmaster as a responsible person for discrimination against Roma children in the separate four-grade class in Masurica, the Commissioner for Protection of Equality issued her opinion with recommendation on 22 February 2013. The issued act determined that responsible persons in the school had not taken timely measures to prevent indirect discrimination against Roma pupils and recommended professional training of teaching staff for individual education and interactive classes with an aim to supress stereotypes, prejudices and discrimination, and taking all necessary pedagogical measures to motivate Roma children to come to school and attend classes in order to ensure the exercise of the right to equal and quality education without discrimination.

For for information see the announcement: Commissioner for Protection of Equality Determined Indirect Discrimination in Separate Class of Surdulica Primary School "Jovan Jovanovic Zmaj“ in Masurica

The analysis CHILDREN ON THE MOVE – Protecting and supporting children on the move in the Republic of Serbia was published within the project “Reform of social welfare system fit for children” implemented by Redd Barn (Save the Children Norway) in the partnership with the field office Save the Children for the Western Balkan, NGO Atina and Group 484, with the financial support of the European Commission, Fund for an Open Society in Serbia and Redd Barn.

Download the analysis here.

Medical staff of the Department for Maxillofacial Surgery at the Faculty of Dental Medicine in Belgrade, where B.K. had jaw surgery, refused to dress her wound for the lack of health booklet, even though the medical report indicated the necessity of regular wound dressing after the operation. On that occasion, they suggested that she address the Belgrade Emergency Centre but she did not encounter understanding of the medical staff there either. In the meantime, her wound got severely infected and her face noticeably swollen and therefore B.K. addressed Praxis for assistance in obtaining the health booklet. In agreement with the health mediator in the Municipality of Cukarica, Praxis succeeded in helping B.K. to be received in the Health Centre Cukarica without a health booklet, for the purpose of receiving the necessary treatment.

B. K. lives in the informal settlement Cukaricka suma, and is thus unable to register her permanent or temporary residence. The attempt to obtain health booklet for B.K. in the branch of the Republic Fund of Health Insurance in Cukarica was futile, even though the Article 22 of the Law on Health Insurance stipulates that persons of Roma nationality who, due to their traditional way of life do not have permanent or temporary residence, can be beneficiaries of health protection.

After the adoption of the Law on Amendments to the Law on Non-Contentious Procedure providing a possibility for persons who cannot prove the fact of their birth in the administrative procedure to exercise the right to registration in birth registries through a non-contentious procedure, some bodies started denying their competence in conducting procedures for subsequent birth registration. Even though the court procedure has been envisaged as subsidiary to the administrative procedure, where the exercise of the right to be recognised as a person before the law can be sought only by persons who cannot prove date and place of their birth based on regulations specifying the administering of birth registries, some administrative bodies started informing the applicants that they were no longer competent  for proceeding in such cases after the adoption of the amendments of the Law on Non-Contentious Procedure, without even considering the details of concrete requests for subsequent registration and enclosed evidence. For instance, the administrative bodies of Vozdovac and Kraljevo informed verbally the clients’ proxies that they could not conduct the procedures of subsequent birth registration anymore since the Law on Non-Contentious Procedure had been amended. In addition, the administrative body in Vranje returned the requests to the applicant with the information that subsequent birth registration was in the competence of the court.

After the intervention of Praxis’ lawyers, the stated bodies accepted the competence for proceeding, but it is, however, worrying that administrative bodies avoid conducting procedures they are bound to in accordance with the law, irrespective of whether they are doing it for the lack of regulations, avoidance of responsibility or laziness.