No child chooses to be stateless. It is a fundamental truth that every child belongs – to this world, to a place and to a community – and this should be recognised through the enjoyment of a nationality. Yet statelessness continues to arise because European states are failing to ensure that all children born within Europe’s borders or to European citizen parents acquire a nationality.

The European Network on Statelessness (ENS) advocates as one of its central tenets that none of Europe’s children should be stateless. Childhood statelessness stands at odds with the right of every child to a nationality, as laid down in the Convention on the Rights of the Child – adopted 25-years ago today. ENS is taking the occasion of this anniversary to launch its new region-wide campaign which will raise awareness and promote measures to ensure that all children born in Europe or to European parents outside the region can in practice realise their right to a nationality.

Earlier this year, ENS released a report on Childhood statelessness in Europe: Issues, gaps and good practices. This report concluded that although most of Europe’s nationality laws notionally include safeguards to protect against the risk of statelessness, in reality children continue to be born stateless across the region. Many have inherited their statelessness from parents who were stateless before them while others are the first in their family to experience statelessness, as the unsuspecting victim of a gap or conflict in nationality laws.

ENS’s research identified a worrying array of problems in the finer details of many nationality laws as well as in the laws governing procedures for birth registration, which helps to establish and document a child’s nationality. Numerous countries have failed to include basic safeguards in the law, such as to grant nationality to a child born on the territory who would otherwise be stateless, or to a child who has been abandoned and whose parents are unknown. Even where laws do provide a remedy against childhood statelessness, there are signs that the safeguards do not always work in practice, for instance because these special rules are not widely known or there are no guidelines on how and when to apply them.

As a result of these and other gaps in the way European states are currently addressing the issue of childhood statelessness, thousands of children who have strong and clear connections to Europe are growing up without the protection or sense of belonging which a nationality bestows. ENS is committed to helping to change this picture by: raising awareness on the importance of and measures to prevent childhood statelessness, working with the child rights community to foster a more active engagement on the issue of children’s right to a nationality and promote relevant international standards, conducting further research in order to fully identify what gaps exist in law, policy and practice and developing a better understanding of how problematic birth registration procedures are connected to issues of childhood statelessness. Through these activities, the ENS campaign aims to strengthen frameworks for the prevention of statelessness among Europe’s children.

If this goal can be realised, it will help bring Europe an important step closer towards ending statelessness in the region by 2024 – the goal set by the UN Refugee Agency’s #ibelong initiative. There is much work to be done to meet this ambitious objective but a key challenge will be to prevent new cases of statelessness from occurring, in essence to stop the spread of the problem. With its campaign, ENS seeks to contribute to this crucial first step.

On the occasion of the Universal Children’s Day and celebration of 25 years since the adoption of the Convention on the Rights of the Child of the United Nations, Praxis once again draws attention to the promotion of the rights of the child and care of children, which need to be the most important priority for the state.

Praxis reminds that despite the fact that the importance of respecting the rights of the child in Serbia has become more visible over the past years, the state still fails to invest enough efforts in order to improve the legal and institutional framework, so that every child may equally enjoy the rights guaranteed by the Constitution, laws, the Convention of the Rights of the Child, and other international treaties ratified by the Republic of Serbia.

There are still legally invisible children in Serbia today, who have no access to rights, as a consequence of violation of the Article 7 of the Convention of the Rights of the Child, which envisages that the child shall be registered immediately after birth and shall have the right from birth to a name and the right to acquire a nationality

Even though discrimination is prohibited by the Constitution and the law, it is however widespread, especially against the Roma children and children with disabilities. Children from vulnerable social groups are still facing many problems, especially in access to the rights to education, health care and social protection. The best interest of a child is also fully neglected in media coverage, and the percentage of children who are exposed to some form of abuse is still very high.

To ensure the guarantee and protection of the rights of the child in all spheres of social life for every child, we remind the state of the importance of adoption of the Law on the Rights of the Child, the Law on the Ombudsperson of Children’s Rights and Rules of detailed criteria for identifying of discrimination by an employee, a student or a third party in educational institutions, and the necessity of engaging all levels of the government.

On the day of the celebration of the Universal Children’s Day and 25 years after the adoption of the Convention on the Rights of the Child, the Network of Organizations for Children of Serbia – MODS reminds that the state has done a lot to create and improve the positive legal framework for better life of children in Serbia, but there are still great problems and challenges.

State has pledged to do everything for children in Serbia to be safe, but with the first cold days the media informed us about accidents in which children were burnt to death in their cardboard houses. Unfortunately, it turned out that neither school yards are safe and that they can be dangerous to the life of children.

Over the past two decades, the number of children in Serbia decreased by 580,000 and now children make 17.6% of the population in Serbia. The percentage of children which on time receive all recommended immunizations is 70.5. Unfortunately, toys and books are not available to all children younger than 5 years of age – almost one third of children grow up without them. It is still a challenge to the state to ensure that children grow up within a family and their natural environment. Roma children are still overrepresented in the system of formal care, while children with disabilities are overrepresented in the institutional care (out of the total number of children in residential accommodation 58.5% are children with disabilities, and out of the total number of children in foster care only 9% are children with disabilities). In addition, discrimination against children is still widespread, especially against Roma children and children with disabilities.

It is encouraging that the number of parents who declare that they use violent methods in upbringing their children has decreased, that more than a half of parents (57%) in Serbia do not apply violent methods to discipline children and that we can expect that corporal punishment of  children will be explicitly prohibited in Serbia.

Network of Organizations for Children in Serbia - MODS calls on the Government of the Republic of Serbia and the National Assembly to pay special attention to solving many problems and obstacles to exercising of the rights of all children – the right to freely develop and grow without discrimination, play and educate, and live dignifiedly, safely, healthy and happily.

The Government of the Republic of Serbia adopted the 2015 National Action Plan for Employment. The most important novelty in the Action Plan for 2015 is a new measure of active employment policy called the "integration of financial social assistance beneficiaries into the labour market". The measure consists of a twelve-month subsidy of a part of salary of employees who are social assistance beneficiaries, in the monthly amount of 10,000 dinars. The employer (from the private sector) is obliged, upon the expiry of 12 months, to retain the employee in employment for another year. It is envisaged that the newly employed social assistance beneficiaries also receive stimulation in the amount of 2,000 dinars per month, in the period of 18 months, but only - as stated in the Action Plan - "depending on the availability of financial resources and possibilities!"

Social assistance beneficiaries are now classified as hard-to-employ; this refers also to Roma who were not classified as a special category of hard-to-employ people in the 2014 National Action Plan for Employment, but were classified as "other hard-to-employ people and particularly vulnerable categories of the unemployed." Refugees and internally displaced persons, returnees under the readmission agreements, victims of domestic violence and trafficking in human beings are again classified as these other people in the Action Plan for 2015.

The measures envisaged for 2015 are again subsidies to employers for the employment of Roma, public works, and also a "package of services for persons without qualifications and low-skilled persons" which, among other things, includes motivational training and inclusion in the programmes of adult primary education and public works. The programmes and measures of active employment policy include two other novelties: Ministry’s participation in the implementation of various strategies (including the Strategy for Improvement of the Status of Roma) and projects (one of them is the project We Are Here Together – European Support for Roma Inclusion).

Compared to the previous year, the table of priorities, measures and activities for the implementation of National Action Plan for Employment is somewhat differently conceived and now does not contain a special section with all measures relating to Roma, but the table still includes the measures such as subsidies for employment of Roma, organisation of motivational training for Roma, especially for social assistance beneficiaries, stimulation of entrepreneurship and employment of Roma through the implementation of educational seminars and training sessions on entrepreneurship.

Neither NAPE for 2014 nor NAPE for 2015 include any specific measures for Roma women, or cooperation with Roma associations and assistance in drafting project proposals for public works where mainly Roma would be engaged, which was envisaged in the plan for 2013.

Draft Law on Free Legal Aid has been partially changed after the harsh criticism of non-governmental organizations which provide free legal aid. The objections to the Draft Law referred mainly to significant reduction of the circle of free legal aid beneficiaries, the selection of social welfare centres (SWCs) to be responsible for deciding on request for free legal aid and manner of regulation of work of free legal aid providers. 

Partially or utterly adopted criticism refers to the volume of free legal aid providers, the manner of submitting the request for free legal aid and working conditions of free legal aid providers. Thus Draft Law stipulates that the state obligation to guarantee the right to free legal aid to those groups of citizens to whom this right is acknowledged by international treaties ratified by the Republic of Serbia. The manner of submitting the request for free legal aid has been facilitated since, in addition to the written, one may now submit a verbal request. Thus, the persons with disabilities, hospitalized persons and persons against whom the procedure for deprivation of legal capacity is conducted are not eliminated anymore. The requests are submitted to SWCs, which have twice a longer period for deciding on requests that are not urgent (15 days). Also, there is no longer the requirement that free legal aid applicant needs to specify the right or freedom it considers violated, which include the knowledge of legal regulations. As for the working conditions of free legal aid providers, the Draft Law has been changed in regard to the conditions for the fee which the state gives to the secondary legal aid providers. The secondary legal aid includes drafting lawsuits and other submissions, in addition to mediation and court representation. Finally, the sanctions for free legal aid providers have been reduced.

Draft Law remained unchanged in regard to the competence of SWCs. Non-governmental organizations drew attention to the fact that SWCs do not have enough capacities in relation to necessary knowledge that exceeds the issue of social welfare, but also in relation to the scope of work that is already large. Also, there is a possibility of conflict of interests of SWCs with potential free legal aid beneficiaries. Irrespective of the aforementioned, the only change that has been made is already mentioned longer deadline for deciding upon requests. Draft Law keeps the provisions stipulating non-financing of primary legal aid. Finally, the Draft Law does not respect the specialization of free legal aid providers in certain legal areas.

Although it is obvious that new version of the Draft Law is a step forwards, since at least some comments and criticism of non-governmental organizations were met with understanding of competent ministries, there is still a fear that due to certain deficiencies, the functioning and efficiency of the free legal aid system will be seriously threatened. Considering the above stated, the organizations that provide free legal aid will still point at the deficiencies which they find key for the functioning of free legal aid system.

Jasmina Mikovic, Praxis Deputy Director, gave a statement on submission of the initiative for the assessment of constitutionality and legality if the Regulation on the measures of social inclusion of the beneficiaries of cash social assistance for Radio Belgrade I.

Download the statement here.

The report Assessment of the Needs of Internally Displaced Persons in Serbia analyses data of a survey carried out among internally displaced persons in Serbia. The aim of the research was to identify the main problems of internally displaced persons (IDPs), to identify the vulnerable groups among them and to point out the courses of action for improving their position.

The Statistical Office of Republic of Serbia collected data for the United Nations High Commissioner for Refugees and the Commissariat for Refugees of the Republic of Serbia in the period October - November 2010. The sample included 2,006 households and 8,335 individuals. The results indicate that there are 45.2% of the household in need among all the surveyed households.

Download the report here.

On 4 November 2014, Praxis with support of the Standing Conference of the Roma Associations on the Citizens (SKRUG) and Network of Organizations for Children of Serbia (MODS), which gathers 95 CSOs, sent a plea to the Commissariat for Refugees and Migrations to provide urgent assistance to the residents of the informal settlement “Cukaricka suma” by giving them firewood.

The reason to address the Commissariat was a recent protest organized by the citizens of the settlement “Cukaricka padina” against the residents of the nearby informal settlement “Cukaricka suma” for “the problems they have with the residents of informal settlement” because they are endangered by carcinogenic smoke coming from burning tires, cables and other secondary raw materials in that settlement.

Unfortunately, we have been witnesses of widely spread discrimination against the Roma, and numerous incidents that marked the previous period. We particularly point at violence and racial attacks at the residents in Resnik and Kamendin against which Praxis has already reacted together with other CSOs. Having that in mind, we express concern for the residents of the settlement “Cukaricka suma” as we find that protests are a serious violation of piece and safety of the residents of the settlement.  

Praxis repeatedly, independently and in presence of numerous delegations, visited this settlement in order to provide free legal aid to residents of the settlement in procedures for exercise of status and socioeconomic rights, so that we have an insight into the situation in the field both from the aspect of the access to rights and in regard to living conditions of the residents of the settlement.

The residents of the informal settlement “Cukaricka suma” are Roma, mainly internally displaced persons from Kosovo. Last year Praxis addressed the Commissariat for Refugees and Migrations and Municipality of Cukarica related to the problem caused by the lack of firewood. The Commissariat for Refugees and Migrations responded to Praxis request for access to information of public importance where the Commissariat was requested to deliver data on the type of service, especially firewood, which the Commissariat had given to the residents of the settlement “Cukarica suma” since 2006. It was said in the response that in the period from 2010 to 2013 “the resident of the settlement were not allocated any assistance in purchase of firewood”, and in the next letter it was said that in the period from 2006 to 2009 the Municipality of Cukarica was “not allocated any funds for the assistance in purchase of firewood”.

A few hundreds of internally displaced persons from Kosoovo have been living in this settlement for more than 15 years, in improvised housing without any infrastructure, in conditions that can be described as utterly inhumane. Almost without any exception, those are unemployed persons, and a significant number of them has not managed to obtain personal documents, and most often they live from collecting secondary raw materials and have no means to purchase standard fire wood. After 15 years, there is still no indication of finding a durable and sustainable housing solution for these persons. Although the citizens who protest pointed out that carcinogenic smoke affected their healthy and the health of their children, it is obvious that the health of the residents of the settlement of “Cukaricka suma” actually suffers the most, including a large number of children many of whom do not have health booklets.

We are aware of the fact that in order to solve the problems of the residents of the informal settlement “Cukaricka suma” and find a durable and sustainable solution for the housing problem, it is necessary to include all relevant actors. Therefore, we addressed the Commissariat for Refugees and Migration to take measures and activities that are within its competence, and in cooperation with relevant institutions and state bodies to ensure that solving of the housing issue of the residents of this settlement will be soon on the agenda, and as urgent assistance to provide them with firewood.

The lawyers’ strike had once again shown the weaknesses of the legal system in Serbia. In the Serbia Progress Report, the European Commission has also referred to the problems of the judicial system in Serbia. A large number of cases, the length of court procedures, statute of limitation and others are just some of the reasons which impede the access to justice.

The strike particularly threatens the part of the population classified as vulnerable population groups, such as women survivors of domestic violence, children, Roma men and Roma women. By representing the vulnerable groups, Praxis, through its advocacy activities, pointed at problems faced by the vulnerable groups in the procedure for court protection. The greatest problem for all of them is the length of court procedures, but also the inability within the short deadline to exercise the right to temporary measures that are urgent according to the applicable regulations.

The judicial system in Serbia has been unable to provide the protection to the vulnerable groups in Serbia for almost two months. For instance, criminal procedures for the criminal act of domestic violence are postponed because defenders and defendants do not appear at hearings, which threatens the very procedure as it can lead to statute of limitations. In addition, the survivors of domestic violence are deprived of the right to urgent protection due to failure of the representatives of defendants to appear in the procedures for determining the measures for protection of survivors of domestic violence. Thus, the safety of survivors is directly threatened.

We are calling on the Ministry of Justice to urgently find the solution for resolving this and other problems in the judicial system of Serbia in order to facilitate the access to justice for citizens.

On 3 November 2014, Praxis and the Standing Conference of Roma Associations of Citizens (SKRUG) – League of Roma, an association that gathers 72 civil society organizations, submitted the initiative for assessment of constitutionality and legality of the Regulation on the measures of social inclusion of the beneficiaries of cash social assistance. At the same time, Praxis supported the request of YUCOM, Autonomous Women’s Centre and the Regional Centre for Minorities directed at the Government of the Republic of Serbia to urgently suspend the implementation of the stated Regulation.

To remind, on 15 October 2014 Serbian Government adopted the Regulation on the measures of social inclusion of the beneficiaries of cash social assistance (hereinafter Regulation), which was criticised in public by the civil society organizations for its incompliance with the Constitution and the Law on Social Protection.

Cash social assistance is meant for persons who do not have enough means for living and represents a basic form of financial assistance to socially vulnerable persons. Bearing in mind that the right to social protection, hence the right to cash social assistance, is one of the rights guaranteed by the Constitution. Thus, it can be limited by a law, and only if that limitation is allowed by the Constitution, for the purposes permitted by the Constitution and in the scope that is necessary for the purpose of the constitutional limitation to be satisfied in a democratic society without going to the heart of the guaranteed right.

However, the right to social protection, i.e. the right to cash social assistance as one form of the social protection rights, is limited by the Regulation, which is a by-law, for the purposes not permitted by the Constitution, by going into the very heart of this right and by enabling a social welfare centre to abolish the very right in case of unjustified failure to meet the obligations stemming from the agreement concluded with the social welfare centre. To conclude, the disputable Regulation conditions the exercise of the right to cash social assistance in a way that is contrary to the relevant constitutional and legal principles.

Some of the envisaged obligations of beneficiaries of cash social assistance include: participation in training on self-efficiency, registration with the chosen medical doctor, volunteering, socially useful work, participation in public works, etc. The obligations stated in some articles of the Regulation are defined as rights of the beneficiaries of cash social assistance by the Law on Social Protection. Thus, according to the provisions of the Law on Social Protection, “an unemployed beneficiary of cash social assistance has the right to assistance in finding employment, right to training, to participation in public works and other rights defined by the regulations related to employment.” Therefore, the beneficiary of cash social assistance has the right to training, right to assistance in finding employment, right to participation in public works. However, the Regulation has converted all the rights to obligations of beneficiaries of cash social assistance, and if the beneficiary does not meet his/her obligations, he/she will lose the right to social protection, that is the right to cash social assistance as one of the social protection rights which is guaranteed by the Constitution.

Prescribing the possibility of reduction or even suspension of the right to cash social assistance, depending on participation in the above-mentioned activities, does not acknowledge the human dignity of the beneficiaries of cash social assistance and, thus, the Regulation is contrary to the Constitution and the Law on Social Protection.

Download: Regulation on the measures of social inclusion of the beneficiaries of cash social assistance
Download: Initiative for assessment of constitutionality and legality of the Regulation on the measures of social inclusion of the beneficiaries of cash social assistance
Download: Request of non-governmental organizations  to the Government of the Republic of Serbia for suspension of the Regulation