Article 5 Equality and Non-Discrimination

81. Persons with disabilities are able to use laws to protect or achieve their interests on equal terms with others.

82. Employment regulations are based on umbrella non-discrimination legislation – LPD and LPDPD, which in detail regulate non-discrimination in terms of employment.

83. Provisions of the Law on Employment and Unemployment Insurance ²³ prohibit discrimination in the filed of employment. The Law provides the employer with a right to independently decide on a person to be employed or engaged. At the same time, it determines an obligation for the employer to ensure equal treatment of persons who contacted the employer for an employment interview. Discrimination in the field of employment is prohibited (Article 5), i.e. principles of impartiality were adopted, as well as affirmative actions aimed at the unemployed who have difficulties in finding a job, gender equality and freedom of choice of profession and workplace.

Note #23

Official Gazette of RS No. 36/2009

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84. LPREPD also prohibits discrimination of persons with disabilities. It prohibits PWD discrimination and promotes principles of inclusion in all spheres of social life on equal terms, encourages employment at appropriate positions and in adequate working conditions, as well as equality and gender equality (Article 2).

85. LPD envisages a possibility to file a claim to the Commissioner for the Protection of Equality, and the Law on the Ombudsman provides for a possibility to file a complaint to the Ombudsman.

86. LFES prescribes support measures for children and students with developmental impairments and disabilities (Art. 77 and 98), whereas more detailed implementation conditions are regulated in the following by-laws: Rulebook on additional educational, health and social support to the child and student ²⁴ and Rulebook оn detailed instructions for determining the right to the individual education plan, its implementation and evaluation.

Note #24

Official Gazette of RS No. 63/2010 and 88/10

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87. A strategic objective set by SIPPD is to improve the position of PWDs and make them become equal citizens who enjoy all rights and responsibilities. In accordance with established frameworks, the plan is to meet the following general objectives by 2015:

• The issue of the status of persons with disabilities should be integrated in general development plans, with the development of an institutional framework and operationalisation of multisectoral and multidepartmental cooperation on the activities of planning and monitoring policies in this field;
• Establishing effective legal protection with developed and implemented plans for the prevention of discrimination against persons with disabilities, as well as plans for sensitising the society on disability issues;
• Making available social, health and other services based on rules and needs of users in accordance with modern internationally accepted methods of assessment of disabilities and needs;
• Developing measure policies and implementing programs, particularly in the field of education, employment, labour and housing, which to people with disabilities provide equal opportunities and promote independence, personal development and active lifestyle in all the fields;
• Ensuring to persons with disabilities access to built environment, accessible transportation, information, communications and public-oriented services, by developing and implementing the plan for removing barriers and constructing accessible facilities and services;
• Ensuring to people with disabilities an adequate standard of living and social protection.

88. In the achievement of de facto equality, an important part make affirmative actions which shall ensure to persons with disabilities efficient legal protection against discrimination, as well as development of measures policy and programs in the field of education, employment, labour and housing.

89. The forth part of LPDPD prescribes measures for promoting equality of persons with disabilities. Proposed measures were drafted with respect to decisions of UN Standard Rules on the Equalisation of Opportunities for Persons with Disabilities. They are a necessary prerequisite and basis for achieving equality of persons with disabilities. The measures represent guidelines and minimum standards which need to be developed according to the laws on social protection, compensatory rights, urban planning and construction, transportation and telecommunications, process of law, education, organisation of cultural and sports activities.

90. LPDPD prescribes an obligation of all authorities of the state, territorial autonomy, and local self-government to take actions in creating equal opportunities for PWDs and to include them and their organisations in such activities (Article 38). This broadly defined obligation shall be implemented in practice through series of laws in the fields such as labour law, social protection, pension and disability insurance, health care, education, access to built environment, information and communications, public transportation, since disability is a social phenomenon that affects virtually every segment of the society. SIPPD is a link in the chain of practical implementation of provisions set out in Article 38 of LPDPD.

91. Affirmative actions of the educational system have been carried out since 2003, but gained significance only with the application of LFES from 2009, and by-laws from 2010, as well as the Law on Higher Education ²⁵.

Note #25

Official Gazette of RS No. 76/2005, 100/2007 – authentic interpretation, 97/2008 and 44/2010

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