PROHIBITION OF DISCRIMINATION

Landmark Hate Crime Ruling: First Conviction for Domestic Violence Motivated by Sexual Orientation in Serbia

A landmark case involving long-standing domestic violence, triggered by a son’s disclosure of his sexual orientation, concluded after five years. The case centred on I.S., who faced years of psychological and physical abuse from his father. His mother, who defended him, also suffered abuse. The violence escalated whenever I.S. brought home a partner or even a male friend. YUCOM’s legal team initiated civil and criminal proceedings to protect the family. The civil case concluded in under two years, resulting in the father’s eviction and a prohibition on further violence. Evidence collected was critical in building the criminal case, confirming the victimization of I.S. and his mother.

Initially, hate crime charges were omitted, but during the final hearing, the prosecution accepted the argument that the abuse was motivated by the son’s sexual orientation, applying Article 54a of the Criminal Code on hate crimes. The father’s defence, claiming that his son’s orientation justified the violence and should be “corrected,” further strengthened the case. The First Basic Court in Belgrade convicted the father for Domestic Violence motivated by hatred based on sexual orientation. This was the first Serbian verdict where Article 54a was applied, marking a significant legal milestone. The case highlights the impact of years of work by the intersectoral group on hate crimes in Serbia, where YUCOM played a key role.

Historic Victory: First Court Ruling in Serbia Confirms Union Membership Discrimination

Lawyers’ Committee for Human Rights – YUCOM represented the “Evrovozach” union, formed within the Belgrade Public Transportation Company, in a landmark case of union membership discrimination. Union representatives reported that management had imposed difficult working conditions on members due to their union affiliation. Members were reassigned to unsuitable positions, given challenging tasks, or transferred to distant municipalities—all measures that deviated from standard procedures. Additionally, they faced threats of dismissal if they did not resign from the union. As a result, union membership fell from over 1,000 to fewer than 300, stripping the union of its representational status and ability to receive donations or participate in crucial employee rights discussions.

YUCOM, undeterred by the First Basic Court’s initial dismissal of the case, successfully appealed the decision, allowing the case to proceed. After six years, the Higher Court in Belgrade ruled favour of the union, marking a significant victory in the fight against union discrimination. This is the first court decision in Serbia to recognize discrimination based on union membership.