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Definition of disability

1. The legal system of the Republic of Serbia does not have a single, comprehensive definition of disability. Both terms are defined in several laws, by-laws and policy documents.

2. The Law on Prevention of Discrimination against Persons with Disabilities 1 (LPDPD) defines persons with disabilities as persons with congenital or acquired physical, sensory, intellectual or emotional (psyho-social) impairment who are, due to social or other barriers, unable or have limited opportunities to engage in social activities at the same level as others, regardless of whether they are capable to carry out such activities with the use of technical aids or support services (Article 3, paragraph 1).

Note #1
Official Gazette of RS No. 33/06
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3. The Law on Professional Rehabilitation and Employment of Persons with Disabilities 2 (LPREPD), according to the social model of disability, objectives and principles set by the Strategy for Improving the Position of Persons with Disabilities 3 (SIPPD), defines persons with disabilities as persons having from permanent consequences of physical, sensory, mental or psychiatric impairment or disease that cannot be eliminated by any treatment or medical rehabilitation and faced with social and other limitations and barriers affecting their working capacity and possibility to find or retain employment, and who have no possibility or have reduced possibilities to be included in the labour market or apply for employment on equal terms with other persons (Article 3, para. 1). In accordance with conventions and recommendations of the International Labour Organisation, the definition determines the concept of "long-term impairments" as impairments that cannot be eliminated by any treatment or medical rehabilitation, which creates permanent consequences.

Note #2
Official Gazette of RS No. 36/09
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Note #3
Official Gazette of RS No.55/05 and 71/05 – amended
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4. LPREPD is based on the principles of respecting human rights and dignity of persons with disabilities, inclusion of persons with disabilities in all spheres of social life on equal terms and according to their professional skills, encouragement of employment of persons with disabilities at appropriate positions and in appropriate working conditions, prohibition of discrimination of persons with disabilities, equal rights and obligations and gender equality of persons with disabilities.

5. In accordance with LPREPD, the status of a person with a disability shall have:

  • A disabled war veteran;
  • A disabled war veteran in peacetime;
  • A disabled war veteran in civil service;
  • A person categorised as a disabled person and other person whose disability was determined in accordance with the law;
  • A person who was assigned a degree of disablement, i.e. whose remaining work capacity was assessed; and
  • A person whose work capacity was assessed, according to which such a person has an opportunity to find employment and retain such employment, i.e. job.

6. The Law on Fundamentals of the Education System (LFES) 4 defines a disability in the educational system as "children and students with developmental impairments and disabilities", i.e. "handicapped students", according to the Law on Higher Education 5.

Note #4
Official Gazette of RS No. 72/09 and 52/11
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Note #5
Official Gazette of RS No. 76/05,100/07 – authentic interpretation, 97/08,94/10 and 52/11
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7. According to the Law on Pension and Disability Insurance 6 a disability exists when an insured person experiences total loss of his/her work capacity due to the changes in the health condition resulting from an injury at work, occupational disease, injury outside of work or illness which cannot be eliminated by any treatment or medical rehabilitation.

Note #6
Official Gazette of RS No. 34/03
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8. SIPPD defines persons with disabilities as

persons with congenital or acquired physical, sensory, intellectual or emotional impairment who are, due to social or other barriers, unable or have limited opportunities to engage in social activities at the same level as others, regardless of whether they are capable to carry out such activities with the use of technical aids or support services.

 

Anti-discriminatory legislation and policies

9. The Republic of Serbia maintains views set out in paragraph 486 and paragraphs 488 to 499 of the Second Periodic Report on the Implementation of the International Covenant on Civil and Political Rights (CCPR/C/SRB/2).

10. The Law on the Prohibition of Discrimination 7 (LPD) prescribes that discrimination shall be considered to exist in case of conduct contrary to the principle of observing equal rights and freedoms of persons with disabilities in political, economic, cultural and other aspects of public, professional, private and family life (Article 26).

Note #7
Official Gazette of RS No. 22/09
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11. LPDPD shall prohibit:

  • Direct discrimination,
  • Indirect discrimination,
  • Violation of the principle of equal rights and obligations

12. LPDPD shall guarantee protection of individuals who reported incidents of discrimination, who plan or have filed a claim against discrimination, or will testify in initiated discrimination proceedings.

13. LPDPD also prescribes particularly serious cases of discrimination and actions to be taken to improve the status of persons with disabilities, members of theirfamilies and associations that are provided with special support necessary for exercising rights under the same conditions as for others.

14. LPDPD prescribes special cases of discrimination in the following spheres of life:

  • Proceedings before public authorities (Article 11),
  • Membership in associations (Article 12),
  • Access to facilities,public areas and services (Art. 13 to 16),
  • Health care services (Article 17),
  • Education (Art. 18 to 20),
  • Employment and labour relations (Art. 21 to 26),
  • Access to public transport (Art. 27 to 29),
  • Marital and family relations (Article 30).

15. With respect to the purpose of the Convention, the Law on Social Protection 8 (LSP), in terms of social protection, prescribes principles of respecting users' integrity and dignity. The user shall, in accordance with the Law, have the right to social protection which shall be based on social justice, responsibility and solidarity, which shall be provided to him/her by respecting his/her physical and mental integrity, security, as well as by respecting his/her moral, cultural and religious beliefs, in accordance with guaranteed human rights and freedoms (Article 24).

Note #8
Official Gazette of RS No. 22/09
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16. The Rulebook on the organisation, norms and standards of centers for social work 9 stipulates the anti-discrimination principle. The Center for Social Work shall be responsible to represent interests and rights of users and to ensure equal access to services for all citizens, regardless of ethnic, cultural, religious, gender or socio-economic differences, disability and sexual orientation (Article 7).

Note #9
Official Gazette of RS No. 22/09
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17. Additionally, LSP prescribes the principle of non-discrimination. It prohibits direct or indirect discrimination of social protection users based on race, gender, age, nationality, social origin, sexual orientation, religion, political views, trade union and other orientation, property status, cultural origin, language, disability, nature of social exclusion or other personal characteristic (Article 25).

18. LFES prescribes that education of persons using sign language, i.e. special alphabet or other technical solutions, may be provided in the sign language and using means of the language (Article 9, para. 4).

19. The Law on Teachings and Other Teaching Materials 10 prescribes that a textbook, i.e. teaching materials used for customised education of the blind and visually impaired, may be written in Braille, in an electronic form or in formats customized to the blind and visually impaired, i.e. texts printed in capital letters, sound recordings or photo enlargements, and/or other form and medium (Article 3, para. 5).

Note #10
Official Gazette of RS No. 22/09
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20. LFES defines general principles of the educational system according to which: there must be provided an equal right and access to education for all children, students and adults; equal opportunities for education at all levels and types of education in accordance with needs and interests of children, students и adults, without any obstacles to changes; continuation and completion of education and lifelong education; possibilities for children, students and adults with developmental impairments and disabilities, regardless of their financial situation, to have access to all levels of education in institutions, as well as to exercising the right to education without violating other children's rights and other human rights (Article 3).

21. In terms of violation of the right to education, LFES prescribes educational monitoring and monitoring inspection and penal provisions (Art. 161 to 163).

22. The Law on Health Care 11 (LHC) determines that social care for health, under equal conditions and in the territory of the Republic of Serbia, shall be ensured by providing health care to the group of citizens exposed to an increased risk of disease, health care to persons related to the prevention, suppression, early detection and treatment of a disease of greater socio-medical importance, as well as health care to socially vulnerable population. Health care, inter alia, includes persons with disabilities and mentally disabled persons.

Note #11
Official Gazette of RS No. 107/2005, 72/2009 – amended by other law, 88/2010, 99/2010 and 57/2011
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23. LHC defines the principle of health care equality which is essentially anti-discriminatory. The principle of health care equality is practiced by prohibition of discrimination in the provision of health care based on race, gender, age, nationality, social background, religion, political and other views, property status, cultural origin, language, type of illness, mental or physical disability (Article 20).

Employment

24. Data from the World Bank indicate that there is only about 13% of persons with disabilities (PWD) employed in Serbia. An additional concern is the fact that 10% from this figure is employed in the NGO sector, that is, most of them are employed in PWD organisations and only 1% in the economy and public sector. PWD unemployment is thus three times higher in comparison to the rest of the population. Prior to the adoption of LPREPD, practice in this field did not provide equal access to the open labour market for PWDs. Moreover, a dominant form of employment was in so called sheltered workshops.

25. Adoption of LPREPD for the first time created a possibility for PWDs to be included in a larger number in the open labour market, and to improve quality of their employability and/or employment quality. LPREPD in this sense prescribes a series of incentive measures and activities for unemployed persons and employers alike. For unemployed persons are particularly important professional rehabilitation measures and active employment policy measures. Adoption of LPREPD was followed by the adoption of by-laws that more closely regulate this field.

26. The ministry competent for employment, in cooperation with the National Employment Agency (NEA) and Statistical Office of the Republic of Serbia (SORS), regularly monitors a labour market situation and trends and evaluates effects and impact of individual employment programs and measures. The ministry monitors implementation of programs and measures envisaged by the national employment action plan by means of indicators. The system of statistical indicators and calculation methodology are developed in accordance with international and European standards and defined in the National Employment Action Plan.

27. The Labour Law (LL)12 prescribes prohibition of direct or indirect discrimination against persons seeking employment and against employees, inter alia, on the basis of their health and/or disability (Article 18). Discrimination referred to in Article 18 of the Law, is prohibited in relation to: requirements for recruitment and selection of candidates for a particular job, working conditions and all rights related to employment, education, training and development, promotion, and termination of the employment agreement.

Note #12
Official Gazette of RS No. 24/05, 61/05 and 54/09
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28. Provisions of the employment agreement determining discrimination on any of the grounds referred to in Article 18 of the Labour Law, are null and void. In cases of discrimination in terms of provisions of Art. 18 to 21 of the Law, a person seeking employment, and employees, may initiate compensation proceedings before the competent court, in accordance with the Law.

29. In accordance with Article 104 of the Labour Law, an employee shall have the right to appropriate pay, which shall be determined in accordance with the Law, general act and employment agreement. The employee shall be guaranteed equal pay for the same work, or for the work of an equal value which he/she performs for his/her employer. An employer's decision or an agreement with an employee which are not in accordance with the principle of equal pay for the same work, or for the work of an equal value, shall be null and void, and in case of violation of this principle, the employee shall have the right to compensation. In practice, the pay is usually determined by a general act (collective agreement or rules of procedure) or by the employment agreement. These acts include elements for determining salaries, compensation of costs, other benefits of employees, etc. Specific minimum rights are determined by the law, and more rights are determined by the collective agreement, such as: salary increase (for night work, overtime and work on holidays, which are non-working days, and for past work); sick leave pay and pay for temporary termination of employment; severance pay in case of retirement and severance pay for termination of the employment agreement due to redundancy.

30. In determining salaries and other benefits, the right to equal pay must be ensured for the same work, or for the work of an equal value, performed for the employer, in accordance with the above stated legislative provisions.

31. The ministry competent for employment shall monitor implementation of the law and regulations adopted for its execution, as well as operation of NEA and the Agency. In accordance with regulations on tax procedure and tax administration, the Tax Administration controls the obligation of employing persons with disabilities. This action provides information on the total number of employed persons with disabilities and on manners in which employers fulfil the employment obligation.

32. LPREPD prescribes that activities of enhancement of employment of persons with disabilities shall be performed by an organisation competent for employment operations. An active PWD employment policy includes incentives aimed at improving PWDs' motivation, employment and self-employment. NEA is, together with institutions for professional rehabilitation and employment of persons with disabilities and educational institutions, responsible for implementation of measures and activities related to professional rehabilitation.

Specific anti-discrimination measures

33. LPD prescribes that a claim against discrimination based on disability may, in addition to PWDs and their legal representative, be submitted by the Commissioner for the Protection of Equality and organisation dealing with protection of human rights and/or rights of a specific group of persons. According to LPDPD, a member of the household of a person with a disability, who without charge assists the disabled person in carrying out everyday activities, who was for this reason discriminated in the field of employment and labour relations, may also file a claim against discrimination based on the temporary or permanent connection to the person with a disability.

34. In December 2005, the Republic of Serbia adopted the Social Welfare Strategy 13, which binds it to take care of persons with disabilities in the least restrictive environment, according to their condition. Therefore, one of the priorities of the reform of the social protection system is to improve protection of these particularly vulnerable groups through the process of preventing institutional care, gradual reduction of institutions' capacities, rising the quality of institutional care and creating possibilities for users to leave institutions and go to the natural or less restrictive environment. This process requires time and substantial material resources.

Note #13
Official Gazette of RS No. 108/05
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35. Serbia has in the last several years made a considerable effort to both, raise standards in facilities for accommodating users (construction, renovation, adaptation, etc), and train staff and change mindset and opinion regarding protection of children and adults with disabilities.

36. The Ministry of Labour and Social Policy (MLSP), as part of the Family Care and Social Welfare Department, carries out activities at three levels of operation in order to improve living conditions of persons with disabilities:

  • Supporting local self-governments in establishing and sustaining social protection services at the local level, and developing PWD services;
  • Improving living conditions and treatment of users of institutional accommodation in social care facilities;
  • Developing and training professional staff.

37. As a prerequisite for long-term sustainability of all newly established support services in the social protection system, new LSP, inter alia, more closely regulates the position of persons with developmental impairments, i.e. persons with disabilities.

38. LSP envisages prohibition of discrimination based on disability,

social protection services shall be provided in accordance with the best interest of the user, taking into account his/her life cycle, ethnic and cultural origin, language, religion, lifestyle, developmental needs and needs for additional support in everyday activities

and

social protection services shall be provided primarily in direct and least restrictive environment, and those services shall be selected which shall allow the user to stay in the community.

 

39. Social protection services are divided into the following groups: assessment and planning services; daily services in the community; support services for independent living; advisory-therapeutic and socio-educational services; and accommodation services.

40. The user shall, in accordance with LSP, have the right to participate in the assessment of his/her condition and needs, and in deciding on whether he/she shall accept a service, and he/she shall receive all required notifications on time, including a description, purpose and benefit of a proposed service as well as information on available alternative services and other information relevant for the provision of a service.

41. Without consent of the user or his/her legal representative, no service may be provided, except in cases determined by LSP.

42. For the users who, because of their specific social and health status, have a need for both social care and constant health care or supervision, this Law shall, for the first time, allow establishment of facilities with both social and health care. For such users, LSP also envisages a possibility of establishing special social and health organisational units within social care facilities, i.e. within health care facilities.

43. Another novelty introduced by LSP are so called work centers. Namely,

services aimed at improving job skills, i.e. recruitment of PWDs who are users of social protection services, shall be provided in social care facilities and in work centers, in accordance with the Law regulating professional rehabilitation and employment of persons with disabilities.

 

Practice

44. After a visit of the representatives of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment of the Council of Europe, to the Republic of Serbia in 2007, it was pointed to the need to reassess the status of with intellectual disabilities users in social care facilities. Acting according to the recommendation of the Committee, in early 2008, the Ministry of Labour and Social Policy (MLSP) required from all centers for social work and from facilities accommodating persons with intellectual disabilities to reassess guardian's care and provide legally valid consents for the accommodation in the facilities. Centers for social work received an instruction that the purpose of the stated procedures is not to cause massive deprivation of work capacity of accommodation users, but to make a valid assessment of the remaining capacity, with users' participation, in accordance with their abilities.

45. For the purpose of increasing professional competence of employees in centers for social work, guardian care training was held in December 2010, and another training of employees related to the same matter was planned in social care facilities. In particular, social care facilities have been executing obligations of guardians and guardianship authorities related to providing identity documents to residents, comprehensive and continuous health care and disposal and management with their property.

46. For the purpose of improving living conditions of users, significant funds were invested in the facilities. In terms of space, and capacity operability and suitability (construction and technical conditions), most facilities underwent changes, which improved the quality of life of users.

47. In the last three years, total investment funds allocated to facilities accommodating persons with developmental disabilities amounted to about RSD 384,386,267. The funds were mostly used for various repairs, renovations, construction as well as for the procurement of various equipment for work. Investments in 2010 were as much as 4 or 5 times higher than in the previous years. 14

Note #14
Tables presented in para. 1-2. of the Annex
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48. In addition to the budget, social care facilities providing accommodation also had at their disposal funds from donations. A number of domestic and international economic organisations and citizens' associations and individuals donated funds mostly for equipping rooms in facilities for accommodating persons with disabilities.

49. Preventive activities: centers for social work in the Republic of Serbia were obliged by the Rulebook on the organisation, norms and standards of centers for social work to develop preventive programs which shall contribute to meeting individual and common needs of citizens, i.e. to the prevention and mitigation of social problems occurring in the local community. Preventive activities in the operation of centers are carried out by implementing specific, thematic and target-group oriented preventive programs. Centers for social work carry out these activities together with other systems in the community, taking into account the need to protect persons with disabilities and improve their status in their local communities.

50. Adults with disabilities vary in type and level of a disability (which ranges from reduction to the loss of ability to function independently), which directs these persons to continuous use of services of social care facilities and guardianship authorities. 15

Note #15
See Table in paragraph 2 of the Annex/dd>
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51. Provision of new social, health and other services to families and individuals in a local community shall enable gradual reduction in the pressure related to accommodating persons with disabilities in these facilities, but also an increased possibility of returning a number of users to their family and natural environment. In this regard, it should be noted that implementation of this process might take a while.

Staff training and education: An overview of accredited programs for the protection of persons with disabilities

52. In 2007, in the Republic of Serbia was implemented a mechanism for continuous training of employees in the social protection system, i.e. accreditation of training programs for providers of social protection services. This mechanism has also been included in LSP, and a by-law is being developed.

53. The Register of accredited programs, kept in the Republic Institute for Social Protection, so far has 19 registered programs for the protection of persons with disabilities or for the protection of children and young persons with developmental disabilities. So far, about 11 to 19 programs have been implemented.

Progressive implementation

54. With the adoption of the stated anti-discrimination mechanisms, the Republic of Serbia has been carrying out its obligation of providing persons with disabilities with effective legal protection against discrimination referred to in Article 5 of the Convention. Also, the Republic of Serbia takes actions of ensuring persons with disabilities free and equal exercise of the following rights:

  • Right to life (Article 10),
  • Situations of risk and humanitarian emergencies (Article 11),
  • Equal recognition before the law (Article 12),
  • Access to justice (Article 13),
  • Liberty and security of the person (Article 14),
  • Freedom from torture or cruel, inhuman or degrading treatment or punishment, including medical experiments (Article 15),
  • Freedom from exploitation, violence and abuse (Article 16),
  • Protecting the integrity of the person (Article 17),
  • Liberty of movement and nationality (Article 18),
  • Respect for privacy (Article 22),
  • Respect for home and the family (Article 23),
  • Health (Article 25),
  • Work and employment (Article 27),
  • Participation in political and public life (Article 29).

55. Freedom of opinion and expression, and the right to receive and disseminate information (Article 21): in May 2008, a mixed working group of MLSP and the Serbian Association of Deaf and Hard of Hearing, supported by UNDP, started to develop a draft Law on the use of Serbian sign language, and to work on the standardization of Serbian sign language, and the service of translation into the sign language in Belgrade has been financed through a World Bank's project. The law is expected to be adopted by 2012.

The right to social protection (Article 28): new LSP was adopted. More than RSD 4 billion was allocated from the budget to LSP implementation in 2011.

56. In Article 5, The Law on Spatial Planning and Construction 16 stipulates that public and business facilities have to be designed and constructed in the manner that persons with disabilities, children and elderly persons are able to freely access, move, stay and work in them. Residential and combined residential and office buildings with ten or more apartments must be designed and constructed in the manner that persons with disabilities, children and elderly persons are able to freely access, move, stay and work in them.

Note #16
Official Gazette of RS No. 72/09, 81/09, 64/10 and 24/11
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57. SIPPD envisages gradual and continuous adaptation of existing public facilities, transport infrastructure and means of public transportation in all spheres of transportation, to make them become accessible for persons with disabilities (special objective 14).

58. The Republic of Serbia shall take efficient and appropriate measures to facilitate persons with disabilities to fully exercise the right to life in the community, and their full inclusion and participation in the community (Article 19). LSP, inter alia, envisages provision of support services for independent living in the community by organising personal assistance services at the local level and supported housing, as well as various daily services which include daily care and help in the household.

59. The Republic of Serbia shall progressively implement measures for habilitation and rehabilitation of persons with disabilities (Article 26). LPREPD regulates in detail activities of organisations for professional rehabilitation and employment of persons with disabilities. Special budget fund was created for enhancing employment and professional rehabilitation in 2010.

60. LFES prescribes an equal right and access to education for all, which implies application of inclusive measures in educational practice. It is mandatory to enrol all children in the preparatory preschool program for the primary school. The Law envisages a possibility that children from vulnerable groups work according to an individual educational program. LFES implies equality of boys and girls, i.e. gender equality. The preparatory preschool program, as well as the primary school, is compulsory for children and students. After completion of the primary school, every student has the right to apply for enrolment to the secondary school, according to the wish list, and in accordance with points scored on the final exam and success in the primary school.

61. The Law on Textbooks and Other Teaching Materials also includes low-circulation textbooks for students with development disabilities, as well as the right to publish textbooks in Braille and in an electronic form.

62. The Law on Preschool Education 17 enables all children to be enrolled in regular kindergarten groups, and also prescribes development groups which children with developmental disabilities are enrolled in, upon parents' consent.

Note #17
Official Gazette of RS No. 18/2010
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63. The Rulebook on additional educational, health and social support to the child and student 18 regulates an assessment of needs for additional student support in the educational system, if required, through the operation of the Interdepartmental Commission (IC), at the local level.

Note #18
Official Gazette of RS No. 63/2010. The Rulebook was adopted by the Ministry of Education, Ministry of Health and Ministry of Labour and Social Protection
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64. The Rulebook on detailed guidelines for determining the right to the individual education plan (IEP), and its implementation and evaluation 19, enables children from vulnerable groups to be organised within the regular educational system in accordance with their abilities. This means that students who attend schools for students with developmental disabilities, who enrolled by the end of 2009, may also study according to IEP and in accordance with their individual potentials. In terms of the students who enrolled to schools for students with developmental disabilities in academic 2010/2011, teachers shall be obliged to work according to individual curriculum for every child.

Note #19
Official Gazette of RS No. 72/09 and 76/2010
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65. Over 7500 persons working in the educational system have been trained in inclusive education and IEP development and implementation.

66. Over 140 ICs have been established, and there is a tendency of establishing new ICs in municipal and city administrations of the Republic of Serbia. With regard to smaller municipalities, joint ICs may be established. All IC members were trained to work and use the Rulebook on additional educational, health and social support to the child and student. Training was provided to three permanent IC members (a representative from the health care, educational and social protection system) and Commission coordinator. Support to IC operation has been also provided through the IC Manual. A guidebook for parents is also available, whose aim is to familiarise parents better with their role in IC operation and with rights of their child.

67. The Manual for inclusive school development was issued in cooperation with the Institute for Education Quality and Evaluation, which assists schools in developing an inclusive policy, culture and practice.

Additionally, LFES prescribes progressive implementation of achievement standards according to their levels for the primary and secondary education.

Degree of involvement of persons with disabilities in Convention implementation issues

68. In 2002, the Government of the Republic of Serbia established the Council for Persons with Disabilities. The Council consists of representatives of competent ministries and PWD national organisations. The Council monitors implementation of the PWD policy and serves as a forum to discuss about proposed regulations relevant for PWDs' rights and improvement of PWDs' status. The National Organisation of Persons with Disabilities of Serbia (NOPWDS) appointed as its representatives in the Council delegates from representative organisations, who are persons with physical, sensory and intellectual disabilities. All NOPWD representatives in the Council are either persons with disabilities or their legal representatives, i.e. parents of children with disabilities. Gender equality is also ensured as nearly half of persons with disabilities who are Council members are women with disabilities.

69. The Government of the Republic of Serbia has in the drafting of legal regulations, which should address issues of persons with disabilities, directly included representatives of associations of persons with disabilities. During the drafting of LPDPD, LPREPD, and SIPPD, working groups involved in drafting these documents included experts who were proposed by national associations of persons with disabilities, which contributed to the quality of the documents.

Implementation of the Convention in the Republic of Serbia

70. Within its legislative framework, the Republic of Serbia provides the same level of rights as that contained in the Convention.

71. On the territory of the Autonomous Province of Vojvodina, provincial authorities responsible for the issues related to social policy, health care, urban planning and construction, education, and employment, are working on the implementation of relevant provisions of the Convention.

72. According to the Constitution, the Convention on the Rights of Persons with Disabilities is applied on the entire territory of the Republic of Serbia, being a contracting state. However, since on one part of the territory of the Republic of Serbia (the Autonomous Province of Kosovo and Metohija) has, since 10 June 1999, been established civil and security presence under the auspices of the United Nations (UN Security Council Resolution 1244), the Republic of Serbia invites the Committee to require from the United Nations Interim Administration Mission in Kosovo (UNMIK) to provide additional information on the implementation of the Convention on the territory of Kosovo and Metohija, which shall form an integral part of this Report. 20

Note #20
See Annex II – Legal Framework in Kosovo and Metohija
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108. 73. Reports of several UN general secretaries, as well as reports of UNESCO, UNDP, OSCE, Council of Europe, Amnesty International, Human Rights Watch, Freedom House, Transparency International and many other organisations, continually point to the widespread and persistent violation of basic human rights of non-Albanian communities in Kosovo and Metohija, particularly Serbs. There are alarming data concerning violation of human rights of residents with disabilities in the Special Institute in Shtime (referred to in paragraphs 75 to 81), for which reason the Committee is invited, in accordance with its competencies, to require from UNMIK to initiate investigation, which shall determine the real situation and fate of social care users in Shtime.

Situation in the Special Institute in Shtimlje 21

Note #21
See Annex II – Situation in the Special Institute in Shtime
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109. 74. Until 1999, the Special Institute for accommodating psychiatrically and mentally disabled persons Shtimlje, in a town Shtime in the territory of Kosovo and Metohija, accommodated 243 users of Serbian and other nationalities, about whose destiny there is no reliable or valid data.

110. 75. According to UNMIK data from March 2003, there was the total of 145 persons of Serbian and other non-Albanian nationalities in Shtimlje Institute. The Republic of Serbia and the Ministry for Kosovo and Metohija have lists of users which, in accordance with Article 17 of the Convention – Protection of the integrity of the person, and Article 22 of the Convention – Respect for privacy, shall not be an integral part of the Report, but can be submitted to the Committee and other bodies in case of establishing commissions which will investigate the situation in Shtime.

76. Reports of various organisations in different time intervals specify difficulties in the work of Shtime, but also completely different data on the number of persons of Serbian nationality residing in the institution.

77. OSCE Mission in Kosovo (OMIK) invited MDRI (Mental Disability Rights International) to Kosovo and Metohija, as a consultant for the development of new legislation in the field of mental health. MDRI team visited Kosovo and Metohija seven times in the period September 2000 – July 2002, on which occasions research teams visited residential and non-residential facilities for accommodating users with physical and mental disabilities. The largest social care facility visited on that occasion was Shtime, with the capacity of 285 beds. During the visit in 2002, Shtimlje had 230 residents. MDRI in its report stated that it would be logical that care for international standards was taken over by the Ombudsman, which are United Nations, but also specified that UN operations in Kosovo were not at the level of the task placed before them. MDRI also stated that UN actions contributed to unnecessary life-long institutionalisation of persons with psychological disabilities. MDRI emphasises that users are exposed to physical, sexual and psychological abuse, that medical and psychiatric care is inadequate, that there are cases of sexual harassment, exploitation, rape and other forms of violence in Shtime, and that most of people residing in Shtime have no reasons to be institutionalised.

78. MDRI found the following situation in Shtimlje 22 :

Note #22
Listed points are described in more detail in Annex II – Situation in the Special Instiute in Shtime.
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  1. Inhuman and degrading conditions (deprivation, users' inactivity, no privacy, filth, shared clothing, no personal hygiene, the only form of treatment are psychotropic medications which are administered without any professional control, work teams without a psychiatrist, locking up of users);
  2. Physical violence and sexual abuse (contents of reports received by MDRI are consistent, therefore, it is possible to conclude that physical violence and sexual abuse are important issues in Shtimlje);
  3. Vulnerability of children in Shtimlje;
  4. Arbitrary detention in facilities and guardianship;
  5. Reinforcing segregated services – services should be based on users' needs and provided in the community (community based services); practice has shown that large facilities are not good for people with intellectual disabilities;
  6. Right to citizen participation.

79. Herewith is also listed the number of users of Serbian nationality in Shtime, according to reports of international organisations, bodies and institutions for the past ten years, which considerably vary:

  • Marec Novicki, ex officio 2/04, published on 5 May 2005 - 105 persons of Serbian nationality: 92 are the citizens of the Republic of Serbia, and others are refugees from Croatia, Bosnia and Herzegovina and Macedonia.
  • According to the data from OSCE report, and referring to data of the Ministry of Labour and Social Protection of 11 March 2002, the facility accommodated 230 persons: 135 Serbs, 6 Croats, 5 Macedonians, and 10 Hungarians. 20 children that were in Shtime were accommodated in new faculties in the village Laplje Selo and town Shtime.
  • The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) says that since March 2007, two facilities in Shtime have accommodated the total of 146 patients, i.e. the first facility 74 (30 men and 44 women) and the second 72 (39 men and 33 women), without stating their nationality.
  • Report from the Press Conference of OSCE Mission in Kosovo of 28 May 2010, states that the total number of residents in Shtimlje was 61 (the figure includes both Serbs and Albanians).

80. In view of extremely different data, and the alarming fact that in 8 years the number of residents has been reduced from 230 to 61, and that there is no clear and precise information on taken measures in the deinstitutionalisation process, it is necessary to carry out a procedure which shall determine the exact number of residents.

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