Blog by Praxis' Intern Aleem Datoo from Northeastern University

H. K. is a 35-year-old legally invisible woman from a Roma community in Kosovo. After spending most of her life in Kosovo, H. K. met a Romani man and decided to move to eastern Serbia with him. Unfortunately, H. K.’s family did not take well to her decision and decided to disown her. This meant that when she arrived in Serbia, not only did she lack an official identity, but she also had no contact with her family in Kosovo.

H. K. realized that she needed to register as a Serbian citizen. On her behalf, her husband contacted Praxis and asked the legal advisors to start the process of acquiring her legal identification documents.

H. K. later became pregnant with twins. On March 9, seven months into her pregnancy, she suddenly fell ill with extreme hypertension and swollen limbs. Her husband realized the danger of the situation and immediately took her to a local village clinic. Due to the severity of her condition, the clinic said that they were unable to help her and advised her to go to a hospital in the city of Pozarevac. She and her husband encountered problems upon arriving at the Pozarevac Hospital. The nurse they were directed to refused to assist them because H. K. lacked an official identification number, as well as a Health Card. As H. K.’s condition worsened, her husband decided to call someone from Praxis to ask for help. After briefing the Praxis legal advisor about the situation, Praxis communicated directly with the nurse to find a solution. The legal advisor demanded that H. K. be treated immediately. According to Serbian Law, free care must be given by a public hospital in any emergency situation, regardless of whether or not the person has identification documents. He also went on to explain that H. K.’s severe symptoms, along with being pregnant with twins, was reason enough to consider the situation an emergency. Unfortunately, despite these efforts, 12 patients received treatment before the hospital saw H. K. The delay in her treatment could have caused irreversible damage to her or her babies. On March 16 H. K. delivered the twins prematurely at Pozarevac Hospital. The babies are currently in incubation in Belgrade and will remain there until they are strong enough to go home. 

H. K.’s story is not an isolated incident. Discrimination in the health care system is a widespread issue, particularly for members from the Roma community who do not have access to status rights. We need to ensure that the health care system implements the law correctly and that those who provide discriminatory treatment are held responsible. 

Standing in Solidarity with Women Facing Domestic Abuse in Serbia

March 8, 2015 marks the 101st International Women’s Day. It is a unique occasion to celebrate the economic, political and social accomplishments that women have made towards achieving true equality. However, it is also a time to reflect on the ongoing issues that remain unresolved and to work together to find sustainable solutions towards the common goal of gender equality. Domestic violence is just one such issue that needs to be eliminated in Serbia. In 2014, 95% of all victims of domestic violence were women and the consequences of this crime led to the death of 26 women last year alone. Despite legislation to protect women from abuse, the standards fall short in their practical application, leaving many women without effective recourse and remedy.

Serbia’s Anti-Discrimination Law explicitly cites the illegality of domestic violence. According to Article 20, it is forbidden to practice any physical violence or harassment against an individual on the basis of his or her gender. Article 194 of the Serbian Criminal Code holistically forbids the practice of domestic violence and outlines rigid sentencing for perpetrators. On November 21 2013, Serbia made notable progress in the fight to end domestic violence by ratifying the Council of Europe Convention on Preventing and Combating Violence against Women, which became effective on August 1, 2014. This is the most comprehensive legal instrument to protect victims of domestic violence currently in existence.

The nature of the crime makes domestic violence a sensitive issue for all those involved. According to data released by the Autonomous Women’s Center in Belgrade, 98.7% of survivors of domestic abuse in Serbia say that their perpetrator is someone they know and are close to. Additionally, domestic violence usually takes place in the private sphere, which makes it more challenging to monitor and combat. While physical abuse is most common, survivors can also suffer psychological and verbal abuse by their perpetrator. These cases are extremely hard to prosecute since it is difficult to verify the evidence. Court systems do not prioritize these cases nor are they sensitive to the nature of these crimes. As a result, some have had to wait more than three years for a verdict. In 2014, there were 6444 criminal charges for domestic violence. From these charges, only 1740 individuals were actually convicted, 1252 of them received probation and only 442 faced prison sentences.

The issue at hand is a difficult one to address. The various complexities of the domestic violence need to be taken into consideration when developing a plan for its elimination. Prioritizing gender equality throughout society is the first step towards lasting change. International Women’s Day is therefore an importance observance as it provides an opportunity to give a voice to women who face issues such as domestic violence, while also promoting gender equality across the world.  

In the seventh month of a twin pregnancy, H. K, an internally displaced Roma from Kosovo, was forced to wait for more than four hours to be examined at the Department of Gynecology, because she did not possess the unique personal citizen’s number.

On 9 March 2015, H. K. (35) was immediately sent from the village ambulance nearby Pozarevac to the hospital in Pozarevac because of high blood pressure and swollen legs. As her health problems were completely ignored in the hospital, with the excuse that she was not “in the system” for the lack of the unique personal citizen’s number, H. K.’s husband informed Praxis. Only upon Praxis’ intervention, was H. K. examined by a doctor.

Seven days after the examination, H. K.  gave birth to her babies. However, her two newborn daughters are currently in incubators at the Clinic of Gynecology and Obstetrics in Belgrade.

Since this is not a single case, Praxis reminds that emergency medical care is free and it is completely inadmissible that administrative procedure is the obstacle to urgent medical examination. Every citizen of the Republic of Serbia has the right to urgent medical care, regardless of whether he/she has a health booklet or any other document. Moreover, according to the law, children, pregnant women and new mothers enjoy special protection.

In the seventh month of a twin pregnancy, H. K, an internally displaced Roma from Kosovo, was forced to wait for more than four hours to be examined at the Department of Gynecology, because she did not possess the unique personal citizen’s number.

On 9 March 2015, H. K. (35) was immediately sent from the village ambulance nearby Pozarevac to the hospital in Pozarevac because of high blood pressure and swollen legs. As her health problems were completely ignored in the hospital, with the excuse that she was not “in the system” for the lack of the unique personal citizen’s number, H. K.’s husband informed Praxis. Only upon Praxis’ intervention, was H. K. examined by a doctor.

Seven days after the examination, H. K. gave birth to her babies. However, her two newborn daughters are currently in incubators at the Clinic of Gynecology and Obstetrics in Belgrade.

Since this is not a single case, Praxis reminds that emergency medical care is free and it is completely inadmissible that administrative procedure is the obstacle to urgent medical examination. Every citizen of the Republic of Serbia has the right to urgent medical care, regardless of whether he/she has a health booklet or any other document. Moreover, according to the law, children, pregnant women and new mothers enjoy special protection.

In March 2015, Praxis representatives conducted four trainings to Roma coordinators on antidiscrimination law. The trainings were conducted in Belgrade, Novi Sad, Cacak and Nis within the project Power of Visibility implemented by the Association of Citizens Epomena and funded by the Office for Human and Minority Rights.

Through discussion and a large number of examples from practice, basic terms related to discrimination, legal framework and types of procedures for protection from discrimination were explained to the participants. Special attention was paid to initiation of procedures before the Commissioner for Protection of Equality, and thus the participants mastered their skills in drafting complaints through practical work. The goal of trainings was that Roma coordinators learn how to recognize discrimination and react adequately, as they work directly with Roma at a local level.

The second part of the training was devoted to public relations and media, and was led by representatives of Epomena. Roma coordinators were instructed on how to adequately communicate with media, how to write press-releases, who to address in media and how to respond to media requests.

The goal of trainings was to enhance the capacities of Roma coordinators in regard to better identification of discrimination and adequate reactions and use of available mechanisms such as the Commissioner for Protection of Equality and Press Council.

Coalition against Discrimination strongly condemns the discriminatory recommendation of the Taxi Association of Serbia stating that taxi drivers should not drive asylum seekers, and reminds that the Law on Prohibition of Discrimination, Article 17, recognizes the refusal to provide public services as a form of discrimination.

Aleksandar Bijelic, president of the Taxi Association of Serbia, said for Blic Daily as of 24 March 2015: ”Taxi drivers are recommended not to drive asylum seekers as they can may find themselves in an unpleasant situation. The police which finds asylum seekers in a taxi will temporarily take a taxi away and a court procedure will be initiated.”

Such discriminatory acting of Taxi Association contributes to spreading of xenophobia and intolerance towards asylum seekers. We recall the case of racial segregation in public transportation in America in 1950s and express concern that the same happens 60 years later.

The recommendation to taxi drivers not to drive asylum seekers and explanation of possible problems with the competent authorities clearly indicate the lack of the state’s systemic response to mixed migrations and an efficient system of protection from discrimination.

The members of the Coalition against Discrimination are: Center for Advanced Legal Studies, Civil Rights Defenders, Labris – Organization for Lesbian Human Rights, CHRIS network, Association of Students with Disabilities, Gayten LGBT, PRAXIS and Regional Centre for Minorities.

Coalition against Discrimination strongly condemns the discriminatory recommendation of the Taxi Association of Serbia stating that taxi drivers should not drive asylum seekers, and reminds that the Law on Prohibition of Discrimination, Article 17, recognizes the refusal to provide public services as a form of discrimination.

Aleksandar Bijelic, president of the Taxi Association of Serbia, said for Blic Daily as of 24 March 2015: ”Taxi drivers are recommended not to drive asylum seekers as they can may find themselves in an unpleasant situation. The police which finds asylum seekers in a taxi will temporarily take a taxi away and a court procedure will be initiated.”

Such discriminatory acting of Taxi Association contributes to spreading of xenophobia and intolerance towards asylum seekers. We recall the case of racial segregation in public transportation in America in 1950s and express concern that the same happens 60 years later.

The recommendation to taxi drivers not to drive asylum seekers and explanation of possible problems with the competent authorities clearly indicate the lack of the state’s systemic response to mixed migrations and an efficient system of protection from discrimination.

The members of the Coalition against Discrimination are: Center for Advanced Legal Studies, Civil Rights Defenders, Labris – Organization for Lesbian Human Rights, CHRIS network, Association of Students with Disabilities, Gayten LGBT, PRAXIS and Regional Centre for Minorities.

On 10 February 2015, a working meeting of the representatives of the Ministry of Labour, Employment, Veteran and Social Policy and CSOs was held. The meeting was organized as part of the process of drafting the new Law on Amendments to the Law on Social Protection by the Office for Cooperation with Civil Society of the Republic of Serbia. The goal of the meeting was to allow to the representatives of CSOs to contribute with their comments to the improvement of the legal framework in this area.
Praxis attended the meeting and gave proposals the adoption of which would contribute to easier exercise of the right to social protection. Thus, the following was requested:

• to delete the Article 84 of the Law on Social Protection, which envisages the obligation of the submitter of request for cash social assistance to file a lawsuit against a cousin who are obliged to support them in accordance with the Family Law,
• to explicitly envisage the obligation of social welfare centres to collect evidence ex officio.

The endeavor to ensure an easier access to rights is evident also in the proposals that came from representatives of many other CSOs. However, it remains to see to what extent the amendments of the Law on Social Protection will reflect the proposals presented at the working meeting. It was announced in the report from the meeting that following the first working Draft Law on Amendments to the Law on Social Protection, the Ministry will explain why certain comments, fully or partially, are not integrated in the text of the Draft, and additional delivery or refining of comments will be later possible.

Praxis will continue monitoring the process of amendments to the Law on Social Protection and advocate for adoption of solutions that would facilitate the access to the right to social protection.

For more information, see the announcement: Praxis at Working Meeting on the Occasion of the Amendments to the Law on Social Protection

On 10 February 2015, a working meeting of the representatives of the Ministry of Labour, Employment, Veteran and Social Policy and CSOs was held. The meeting was organized as part of the process of drafting the new Law on Amendments to the Law on Social Protection by the Office for Cooperation with Civil Society of the Republic of Serbia. The goal of the meeting was to allow to the representatives of CSOs to contribute with their comments to the improvement of the legal framework in this area.

Praxis attended the meeting and gave proposals the adoption of which would contribute to easier exercise of the right to social protection. Thus, the following was requested:

•    to delete the Article 84 of the Law on Social Protection, which envisages the obligation of the submitter of request for cash social assistance to file a lawsuit against a cousin who are obliged to support them in accordance with the Family Law,
•    to explicitly envisage the obligation of social welfare centres to collect evidence ex officio.

The endeavor to ensure an easier access to rights is evident also in the proposals that came from representatives of many other CSOs. One of the proposed measures referred to the need to limit the authorisations of social welfare centre when determining the amount of lost income in the procedure of acknowledgment of the right to cash social assistance. It has been proposed to leave out the time limitation that envisages that the right to cash social assistance belongs to individuals fit to work in the period of nine months within a calendar year.

Since many proposals given by CSOs are aimed at enabling the easier way of exercising the right to social protection, including the right to financial support, it is necessary to consider Decree on Measures of Social Inclusion of Beneficiaries of Cash Social Assistance whose abolition was requested by numerous CSOs. Leaving this Decree in force would mean that participation of CSOs in the process of change of the Law on Social Protection in its very important part would boil down to formal participation of the representatives of civil society organizations, without crucial respect for their proposals.

However, it remains to see to what extent the amendments of the Law on Social Protection will reflect the proposals presented at the working meeting. It was announced in the report from the meeting that following the first working Draft Law on Amendments to the Law on Social Protection, the Ministry will explain why certain comments, fully or partially, are not integrated in the text of the Draft, and additional delivery or refining of comments will be later possible.

Praxis will continue monitoring the amending of the Law on Social Protection and advocate for adoption of solutions that would facilitate the access to the right to social protection.

On the occasion of 21 March, the International Day for the Elimination of Racial Discrimination, Praxis and Liceulice draw attention to the fact that many of our fellow-citizens are exposed to racism and different forms of discrimination which we should all fight against together.

With an aim to raise awareness of the public about the necessity to combat racism and discrimination, Praxis and Liceulice are marking the European Action Week against Racism in the period from 16-22 March 2015 with a series of activities.

Within the stated activities, we asked our beneficiaries and associates of the magazine Liceulice and other citizens how they perceive discrimination and racism and with their consent we post their answers on social media. Some of the answers include: “Racism is when my child comes back from school with bruises and torn clothes because other kids have beaten him just because he is Roma, and the teacher puts the blame on him” (Sanja, 29), “Racism is when we are chased away from the playground just because we are Roma” (Marijan, 19), “I have to be quite honest. For a long time now, I have no answers and can’t do it any other way. I feel like a fool. This feeling is driven by the fact that in the 21st century you still need to explain to people why racism is harmful, pointless and backward, and finally, how stupid it is. Let’s call the thing by its right name: racism is nonsense” (Marko Tomas, a poet). The collected answers will be written on postcards and sent to relevant institutions and media. Also, in cooperation with IPAK.centar and Initiative Do not be narrow-minded. Think and a street-art artist Inspector Yoda, we painted over the hate graffiti and turned them into graffiti with tolerance and equality messages.

We remind the public in Serbia of the high level of discrimination and racism that permeate all spheres of our society and find it necessary to fight for tolerance and equality.