ISSN 1452-6662
Over 180 up-to-date legal acts of the Republic of Serbia translated to English.
Group: POLITICAL SYSTEM
Issue: LAW ON PROHIBITION OF DISCRIMINATION
Published in the Official Gazette of the RS, Nos. 22/09 of 30 March 2009 and 52/21 of 24 May 2021
Section: I BASIC PROVISIONS

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  • Scope of the Law
     Article 1

    This Law shall regulate general prohibition of discrimination, forms and cases of discrimination, as well as procedures of protection against discrimination.

    This Law shall establish the Commissioner for the Protection of Equality (hereinafter: the Commissioner), as an autonomous state authority, independent in conducting the tasks laid down by this Law.

  • Terms
     Article 2

    In this Law:

    1) expressions "discrimination" and "discriminatory behaviour" shall designate any unjustified distinguishing or unequal treatment, i.e. omission (exclusion, restriction or giving preference) relating to persons or groups and relating to the members of their families, or persons close to them, in an open or covert manner, which is based on the race, colour of skin, ancestors, nationality, national affiliation or ethnic origin, language, religious or political beliefs, sex, gender, gender identity, sexual orientation, sex characteristics, income level, financial standing, birth, genetic peculiarities, health condition, disability, marital and family status, convictions, age, appearance, membership in political, trade union and other organisations, and other actual, i.e. presumed identity characteristics (hereinafter: identity characteristics);

    2) expressions "person" and "every person" shall designate an individual residing in the territory of the Republic of Serbia or in the territory under its jurisdiction, irrespective of whether he/she is a national of the Republic of Serbia, some other state or a stateless person, as well as the legal entity that is registered, i.e. that pursues its business activity in the territory of the Republic of Serbia;

    3) the term "citizen" shall designate a person who is a national of the Republic of Serbia;

    4) the term "public governmental authority" shall designate a state authority, an authority of the autonomous province, authority of the local self-government unit, a public enterprise, an institution, a public agency, another organisation, i.e. natural person that is entrusted with conducting public powers, as well as a legal entity that is founded or financed in its entirety, i.e. in a predominant part, by the Republic, autonomous province or local self-government.

    5) "an employer" shall be a domestic or foreign legal entity and natural person in the public and private sector, employing or engaging one or several persons, i.e. a person performing the rights and duties of an employer on behalf of the Republic of Serbia, in a state authority, an authority of the autonomous province or the local self-government unit.

    All the terms of the masculine gender that are used in this Law shall imply the same terms of the feminine gender.

  • Protected Rights and Persons
     Article 3

    Every person shall be entitled to efficient protection against all forms of discrimination by the courts of relevant jurisdiction and other public governmental authorities of the Republic of Serbia.

    A foreigner in the Republic of Serbia, in compliance with the international agreements, shall have all the rights guaranteed by the Constitution and the law, except for the rights that are, according to the Constitution and the law, reserved for the citizens of the Republic of Serbia only.

    It shall be prohibited to exercise the rights laid down by this Law contrary to the objective of the recognition thereof or with an intention of denying, violating or restricting the rights and freedoms of other persons.