Article 10 Right to Life
140. The Republic of Serbia refers to views stated in paragraphs 66, 486 and 500 of the Second Periodic Report on Implementation of the International Covenant on Civil and Political rights (CCPR/C/SRB/2).
141. The stated provisions clearly indicate that the Constitution of the Republic of Serbia recognises and protects the right to life and survival of all citizens of the Republic of Serbia on equal terms with others, whereas in terms of the fact that human life is inviolable, no person, including a person with a disability, can be subjected to arbitrary deprivation of his/her life.
142. The right to life is guaranteed to persons with disabilities on an equal footing with others. Legal norms treat as a criminal offense any breach of exercising the right to life by persons with disabilities in the same manner they do that with any other individual.
Practice
143. The Republic of Serbia is making efforts to eliminate problems related to PWDs who are temporarily or permanently accommodated in facilities within different systems (social protection, health care and justice). These problems are related to housing, capacities, cases of violence among users, improper use of medications, diet, lack of program activities or adequate medical treatment. This is supported by civil society organisations.
144. It is necessary to draw more attention of the state to the cases which resulted in unexpected death of residents, particularly when a deceased has no family or when relatives have no interest in finding out causes of death. For example, in October 2010, a violent death of an immobile teenager was investigated by the Ministry of Labour and Social Policy and prosecution after media's attention. An internal investigation identified responsibilities of the director of the facility who was, as a result of this, replaced. Prosecution investigation results were still unknown at the moment of compiling this report, and possible trials are yet to commence.
145. After a visit to a social care facility in Stamnica, the Annual Report of the Ombudsman 2009 noted that statistics on the number and causes of death were not kept in the visited facility.