On the occasion of Praxis’ initiative for the review of legality of the Item 8, Paragraph 2.1. of 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 (in force as of January 2013), the Constitutional Court reached the decision on suspension of the procedure.

This Regulation envisaged that persons of Roma nationality should submit evidence of registration of permanent residence when applying for health insurance, which is contrary to the Article 22, Paragraph 1 of the Law on Health Insurance. During the procedure that was conducted before the Constitutional Court, the disputable Regulation was changed in a way that instead of registering the temporary residence an applicant shall register his/her permanent residence at the address of social welfare centre, based on the provisions of the applicable Law on Permanent and Temporary Residence of Citizens, which again are the conditions contrary to the Law. However, the Constitutional Court suspended the procedure finding that the respective change made the Regulation complied with the Law on Health Insurance.

Unfortunately, by this Decision, the Constitutional Court fully neglected the essence of the problem, precisely the Article 22, Paragraph 1 of the Law on Health Insurance intended for the persons of Roma nationality who cannot register their permanent residence at all. By this decision, the stated persons are still prevented from exercising the right to health insurance, and the disputable Regulation is still contrary to the Law, as the provisions of the Law on Health Insurance do not anyhow condition the access to the right to health insurance for the concerned category of persons by the registration of permanent residence.

For more information, see the announcement: The Constitutional Court Suspended the Procedure for the Review of Legality of the National Health Insurance Fund’s Regulation

M. G. addressed Praxis for legal assistance in March 2014 after the employer I. S. B. d.o.o. delivered him the decision on termination of the employment at definite period of time.

M. G.  was employed through the Youth Association since 2011 as a utility worker. One and a half year after the responsible work at the employer’s, in August M. G. 2012 pleaded to be employed at indefinite period of time or to conclude the employment contract at defined period of time. The employer accepted, and in July 2013 it concluded the employment contract with M. G. at definite period.

In September 2013, M. G. hurt his left index finger during his regular working time while taking the waste away. His finger was partly amputated while he was receiving the medical assistance.

Despite all stated circumstances, the employer decided to terminate the employment contract. Praxis sent the notice of originating motion to the employer for the illegal termination of the employment contract aimed at reaching the agreement and possibly returning M. G. to work without addressing the court.  Since the employer turned a deaf ear to the motion, in April 2014 a lawsuit was filed for determining the illegality of the termination of the employment contract and returning of the employee to work.

Only after initiating a court procedure, the employer reacted by delivering the motion for out-of-court settlement by which M. G. was offered cash compensation. Since he was satisfied with what he was offered, M. G. gave up from the request for return to work and decided to use the given amount to start his own business.

Even though M. G. case was solved by reaching an agreement, there is no doubt that employer’s acting in this case is yet another example showing that persons of Roma nationality are one of the marginalized groups in the labour market.

For more information, see the announcement: Out-of-Court Settlement in Case of Illegal Termination of the Employment Contract

Statement by MODS

The Network of Organisations for the Children of Serbia (MODS) welcomes all efforts of the competent authorities and many volunteers who have engaged to assist the population affected by floods. It is evident that much effort has been invested to provide emergency shelters and protection to a large number of people in a very short period of time, thus allowing them to re-establish normal life.

At this point, however, there are new challenges in avoiding additional traumatisation of vulnerable families and children. In this regard, MODS expresses its concern about the living conditions in some collective centres that are already overcrowded with people and children. There are still about 350 people, including about 70 children, in the collective centre in Belgrade Fair. From the beginning of accommodation to date only dry food rations have been given to a large number of children who have been residing there for over three weeks, deprived of adequate nutrition. The introduction of at least one cooked meal a day would be a significant improvement.

Another reason for concern is the rapid relocation of people and children from the reception/ collective centres in Belgrade to the facilities that are often inadequate. Although the provision of this accommodation also requires significant efforts by the competent institutions, the choice of facilities that will accommodate children must be carried out with more attention and responsibility for their physical and mental health. Examples of such inadequate facilities are the shacks in Krnjača, the old barracks in Obrenovac and the shacks in Makiš, where a significant number of families with small children have been placed. Inadequate housing and unhygienic conditions put children’s lives, health and proper development at risk.

We urge the competent public authorities to pay particular attention to the issue of equal treatment of all affected individuals. We call on them to ensure equal conditions, without discrimination and respecting the equal rights of every child, so that every child could continue living in a healthy and safe environment.

In order to diminish uncertainty among those who need support, especially those who are in reception centres, we invite the City of Belgrade and local self-governments to announce who is appointed and responsible for coordination, planning and provision of support to the families affected by flooding and who makes decisions on accommodation of vulnerable children from Obrenovac.

Solidarity and humanity of all citizens was demonstrated in the period of crisis. We believe that in the same way solidarity and humanity will be expressed in the future reconstruction of the flooded areas, especially in providing support to the citizens affected by floods, equally and without discrimination.

The Network of Organisations for the Children of Serbia (MODS) appeals to public authorities, local self-government bodies, organisations and institutions to provide assistance to vulnerable population affected by recent floods in Serbia, while respecting in particular the principles of the Convention on the Rights of the Child, the European Convention on Human Rights and Fundamental Freedoms and the Law on Prohibition of Discrimination. We believe that it is crucial to preserve the fundamental values of a society based on respect for children's, human and minority rights.

The decision of the Basic Court in Novi Sad as of December 2013 determined the date and place of birth for three legally invisible Roma, two brothers and a sister. At the end of January 2014, the competent registrar registered the fact of birth for two of them. The procedure of determination of the date and place of their birth lasted for four months, and one month after the adoption of decision of non-contentious procedure they obtained birth and citizenship certificates.

Prior to initiation of the procedure of determining the date and place of birth, these persons were trying for more than five years to get registered in the birth registry book according to the rules of an administrative procedure. In subsequent birth registration procedure, the first-instance and second-instance administration bodies reached seven negative decisions for each submitter of request. Due to biased acting of the first-instance body, the court procedure for protection against discrimination was conducted and final judgment was passed, and it was determined that those persons were discriminated against in the procedures of subsequent birth registration for belonging to Roma national minority. Two administrative disputes were initiated in each procedure, and complaints were filed twice with the Ombudsperson. Besides conducting all stated procedures, two persons managed to exercise the right to birth and citizenship registration only after a non-contentious procedure of determining the date and place of birth was prescribed.
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For more information see the announcement: The Chain of Invisibility Broken after Five Years

Download: HERE

In October 2013, E. K. gave birth to her child in the Clinical Hospital Centre Zemun when she had to pay for the costs of delivery in the amount of 14,909.10 RSD, because she did not have the verified health booklet. Moreover, no one informed her that she has the right to the reimbursement of costs of delivery.

Praxis’ lawyer provided legal assistance to E. K. in obtaining the ID card and verifying her health booklets, as well as in submitting the request for reimbursement of delivery and delivery-related costs. The request for reimbursement of costs was sent to the Branch of the National Health Insurance Fund in Novi Beograd.

According to the Article 68, Paragraph 2 of the Constitution of the Republic of Serbia, the health care for children, pregnant women, mother on maternity leave, single parents with children under seven years of age and elderly persons shall be provided from public revenues unless it is provided in some other manner in accordance with the law. According to the Article 22 of the Law on Health Insurance, special category of insurers are women with respect to family planning, as well as the pregnancy, delivery and maternity up to 12 months after delivery. In addition, the Article 11 of the Law on Health Care also provides for the special protection of women related to family planning, as well as during pregnancy, delivery and maternity up to 12 months after childbirth.

By considering the request of E. K. for reimbursement of costs of delivery, the National Health Insurance Fund approved the request and referred E. K. to the Clinical Hospital Centre Zemun for the reimbursement of costs.

E. K. is surely not a sole case of an uneducated party, and thus the question is whether new mothers, who are in a similar situation, know about the possibility to reimburse the costs of delivery from the health institution and the possibility to represent their own interests in the procedure before the competent body, or they do not ever exercise such right.

For more information, see the announcement: New Mothers without Verified Health Booklet Pay for the Costs of Childbirth

Secretariat for Social Welfare of the City of Belgrade – Department for resettlement of unhygienic settlements and social housing illegally process personal data of the Roma residing in social housing and container settlements formed after the forced evictions.

Praxis, other national and international organizations, as well as the Ombudsperson, regularly receive letters from the the Secretariat for Social Welfare, which, according to the Law on Protection of Personal Data, contain particularly sensitive personal data of the residents of container settlements and social housing which the Secretariat specifies in these letters (names and surnames, unique personal identification numbers and other personal data of the residents) for the purpose of “regular notification about the families from the newly formed settlements and social housing, which, despite the great efforts that the City invests into the improvement of the position of Roma, reject to adapt to better living conditions but disturb other families who want to have a normal life”.

At the beginning of September 2013, Praxis reported to the Commissioner for Information of Public Importance and Personal Data Protection against the Belgrade City Administration for illegal processing of personal data. Within the surveillance that was conducted, the Commissioner determined that the number and type of data to be processed is not in proportion with the purpose of the processing, which means that this processing is unlawful based on the Article 8, Item 7 of the Law on Personal Data Protection. Therefore, the Commissioner for Information of Public Importance and Personal Data Protection warned the Secretariat for Social Welfare of the City of Belgrade that it is unlawful to process such data and gave the deadline of 15 days for the elimination of identified irregularities from the day of receiving the warning of the Commissioner.

It remains unclear why the Commissioner for Information of Public Importance and Personal Data Protection did not prohibit the further processing of personal data to the Secretariat for Social Welfare of the City of Belgrade and order the deletion of data collected without the legal grounds.

For more information, see the announcement: Belgrade City Administration Illegally Processed Personal Data of the Residents of Social Housing and Container Settlements

At its 52nd Session, that is at its 27th and 28th meetings, the Committee on Economic, Social and Cultural Rights considered the second periodic report of Serbia on the implementation of the International Covenant on Economic, Social and Cultural Rights, along the information obtained from other sources, and at the 40th meeting held on 23rd May 2014, adopted the concluding observations.

During the consideration of the report, the Committee also took into consideration the written comments sent through the joint submission of Praxis, European Roma Rights Centre, the Standing Conference of Roma Associations – Roma League, Roma Women’s Network, YUROM Centre, Roma Women’s Network Bibija, Minority Rights Center, Regional Center for Minorities (RCM), Roma Association Kostolac, Humanitarian Center Roma Obrenovac and Society for Education of Roma Surdulica, which were aimed at drawing attention to the identified problems in practice and exercise of guaranteed rights.

In relation to the stated problems, the Committee is concerned about the prevailing discrimination against Roma as evidenced, inter alia, by disproportionately high unemployment, limited access to social security, accommodation in informal settlements, inadequate health and education. The Committee therefore regrets the shortcomings in the implementation of the Strategy for Improvements of the Status of Roma and the insufficient implementation of the nationally agreed priorities regarding Roma at the local level. At the same time, The Committee urges the State party to take further measures in order to overcome the prevailing discrimination against Roma in the enjoyment of economic, social and cultural rights, including the revision of the Strategy for Improvements of the Status of Roma.

While noting the recent amendments to facilitate birth and residence registration, the Committee is concerned that a number of refugees, returnees and internally displaced persons remain without personal identity documents, thereby limiting their enjoyment of economic, social and cultural rights. The Committee is also concerned that many internally displaced Roma living in informal settlements without a registered residence did not have their permanent address re-registered and recommends that the state ensure effective access of refugees, returnees and internally displaced persons, in particular Roma without registered residence who live in informal settlements, to procedures for birth and residence registration in order to facilitate access to personal documents, including birth certificates, identity cards and work booklets. In the meantime, those affected should have access to economic, social and cultural rights.

In relation to the forced evictions of informal Roma settlements, the Committee urges the State party to take urgent measures to consult affected communities throughout all stages of evictions, to ensure due process guarantees and compensation and to provide in particular for adequate alternative accommodation in locations suitable for social housing construction, taking into account the Committee’s General Comments No. 4 and 7 on the right to adequate housing and on forced evictions. In addition, the Committee expresses its concern at the small number of social housing units constructed annually for low income families and reiterates once again its concern that thousands of Roma continue to live in impoverished informal settlements in inadequate living conditions. Therefore, the Committee recommends that the State party accelerate measures for ensuring that Roma have access to adequate and affordable housing with legal security of tenure, safe drinking water, adequate sanitation, electricity etc., including by improving the conditions of existing settlements or by the construction of social housing units.

Download: Concluding Observations of the Committee on Economic, Social and Cultural Rights (in English only)
Download: Written Comments to the Committee for Economic, Social and Cultural Rights (in English only)

M. G. addressed Praxis for legal assistance in March 2014 after the employer I. S. B. d.o.o. delivered to him the decision on termination of the employment contract for definite period of time.

M. G.  has been employed with this employer through the Youth Association since 2011 as a utility worker. Being in a difficult life situation and one and a half years after the responsible work at the employer’s, in August 2012 M. G. pleaded to be employed for an indefinite period of time or to conclude the employment contract for a definite period of time. At the moment of submitting the plea, M.G. lived in a family household of 16 members, in which only he made regular income, while other household members who are able to work were either unemployed or earned for living by collecting waste material and doing seasonal jobs. The employer accepted the plea, and in July 2013 the employer concluded the employment contract with M. G. for a definite period of time.

In September 2013, M. G. hurt his left index finger during his regular working time while taking the waste away. His finger was partly amputated when he received the medical assistance.

Soon after the injury at work, the employer decided to terminate M.G’s employment contract. Praxis sent the notice of originating motion to the employer for the illegal termination of the employment contract aimed at reaching the agreement and possibly returning M. G. to work without addressing the court. M.G’s employment contract was terminated earlier, even though it was a contract with the precisely defined period of employment up to 3 July 2014.  Since the employer ignored the motion, in April 2014 a lawsuit was filed for determining the illegality of the termination of the employment contract and returning of the employee to work.

Only after initiating a court procedure did the employer react by delivering the motion for out-of-court settlement by which M. G. was offered cash compensation. Since he was satisfied with what he was offered, M. G. gave up on the request for return to work and decided to use the given amount to start his own business.

Even though M. G’s case was solved by reaching an agreement, there is no doubt that the employer’s acting in this case is yet another example showing that persons of Roma nationality are one of the most marginalized groups in the labour market. This situation that they work in the utility companies through youth associations and then receive successive contracts on employment for a definite period of time of six months or a year is not rare and often lasts for years. In the meantime, the employees continuously face uncertainty with regard to a durable work engagement.

The Ombudsperson and the Commissioner for Protection of Equality, in cooperation with UNICEF, have published the publication The Rights of the Child in International Law. The publication provides a complete and comprehensive overview of modern international standards in the field of child rights.

Download:The Rights of the Child in International Law