Darko Simović
Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective
The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.
Perception of Discrimination in Serbia: Normative Framework and Practice
The paper, firstly, points to the existing normative anti-discrimination framework of the Republic of Serbia, or whether and to what extent the existing Serbian legal solutions comply with international standards. The authors then present a comparative analysis of the results of their research into the attitudes of Serbian police to discrimination with those of similar research conducted among citizens and other public administration representatives in Serbia up to this point. Thus, the authors offer a complete picture of how Serbian citizens and public administration representatives, including the police, perceive discrimination in Serbia. In the third part of the paper, the authors attempt to point to the most important indicators and results of institutional response to the forms of discrimination manifested in the Serbian society, particularly through the activity of the Commissioner for the Protection of Equality, and through the analysis of case law and jurisprudence of the Constitutional Court of Serbia.
