Praxis Watch

Praxis

Praxis

Wednesday, 16 March 2016 00:00

How Easily We Access Our Rights

How easily or how carelessly do we access our rights? How much and in what way do we become aware of our rights or the lack of them? What is multiple discrimination and how it affects the exercise of human rights? How easy is it to access „rights guaranteed by birth“ at the crossroad of gender, racial and structural discrimination?

Even though “all human beings are born free and equal in dignity and rights“, the credibility of the words from the Universal Declaration or legal acts of the Republic of Serbia guaranteeing equal rights to all citizens, may be best assessed by those to whom these rights, though guaranteed and universal in the paper, are inaccessible, denied and often unknown in everyday life.

We exercise the rights within the state system, as members of a political community, as political subjects. However, the persons who do not have evidence on their birth, citizenship and do not possess personal documents, are legally invisible. In Serbia, those are mostly Roma, who daily encounter numerous impediments to exercise of the rights.

We exercise rights or are deprived of them, in a daily interaction with the other members of society. 

We gain awareness about the rights through education and the availability of information. Without the information and awareness about their rights, Roma women are in an extremely vulnerable position. 

For more information, see: How We Fight against Racism, Discrimination and Intolerance: How Easily We Access Our Rights

Belgrade, February, 2016


- Where am I from? I’m from planet Earth. A human being from planet Earth. But I guess I should have said that I am from Syria. It would be more useful, wouldn’t it? (Young man, YOB 1994, Pakistan)

- “Get in line. Here you are. Your clothes are right there. Signature here. Thank you. Next”. And so from one country to another. Sorry I am crying. People help us, of course. Just, it has been a long time ago since anyone asked me “How are you?”. (Man, YOB 1960, Syria)

We are marking the International Day for Elimination of Racial Discrimination by an interview with Natasa Tasic-Knezevic, the first Roma opera singer in Serbia and human rights defender ranked who OESCE among the most prominent Roma women in the world.

On racism, discrimination and importance of respecting each other’s differences 

- We should fight against discrimination and racism every day and every moment. The problem of discrimination lies in difference. Each nation and each nationality carry within themselves huge wealth and culture, and to accept difference it means to enrich oneself and one’s country in the best possible way. However, usually human vanity, greed and pride make someone feels more valuable than someone else. 

On inhibition, life struggles, lectures and dreams

- Schooling wasn’t easy for me and my sisters. At the entrance exam, I was advised to continue with the Faculty of Transport and Traffic Engineering, because I had no perspective. There were no Roma in the opera, which is here still considered “elite" art. However, the God's will was obviously different, and later, as a student of the Faculty of Transport and Traffic Engineering, and thanks to Jovan Cirilov, I met the Princess Elizabeth Karadjordjevic, who helped me and financed my studies at the Academy of Fine Arts, Department of solo singing. Had it not been for her, I would have never enrolled in the Academy. 

On the status of women and gender equality

- The position of women in our society is disastrous. They are victims of continuous discrimination and domestic violence. It is even more difficult with Roma because of greater poverty. 

On consequences of child, early and forced marriages  

- Child marriages are violation of human rights, especially the rights of a girl to grow up and live normally. This usually happens because there is no choice or children are not given any option. Early marriages are not a tradition, but a consequence of the lack of a better choice. If we were given the choice, everything would work out.  

Read the whole interview: We Should Fight against Racism and Discrimination Every Day and Every Moment

During the public discussion on the Regulation on detailed criteria for the recognition of discrimination by an employee, child, student, or third party in the educational institution (“The Official Gazette of RS, no. 22/2016), Praxis suggested that migration status should be entered as a ground of discrimination. Specifically, prior to the adoption, the Regulation was part of the public discussion, and civil society organizations, as well as other relevant authorities, had an opportunity to comment on the draft.  

The submitted comment was accepted, and the Regulation, which was finally adopted after seven years in March 2016, became thus the first legal act in Serbia that explicitly recognizes the migration status as the ground of discrimination. Bearing in mind the current migrant crisis, identifying migrant status as a ground of discrimination is of great importance, and its inclusion in other relevant documents is the essential precondition for the creation of a responsible and just society.

International Transgender Day of Visibility, March 31, is the day when we celebrate transgender, courage and persistence of individuals in the determination to live their lives outside gender norms and be who they are, despite all the difficulties they face after speaking out and affirming their own gender identity.

Although there are anti-discrimination legislation in Serbia, which prohibits discrimination and guarantees equality of all citizens, transgender people are, more likely than others, exposed to discrimination and violation of basic human rights such as the right to human dignity, bodily integrity, life without violence, the right to medical care, the right to marriage and many others.

The greatest legal impediments to protection and full equality of transgender people include the lack of legislation that would protect the rights of transgender people in Serbia and regulate important issues from different areas of life, such as the ability to change mark of sex/gender, name and personal identification number in all personal documents.

For more information, see: We Celebrate Transgender and Remind of the Importance of Joint Struggle for the Rights of Transgender People in Serbia

The International Roma Day, 8 April, is the day when we celebrate and promote the Romani culture, but also the day when we remind of and point at difficult position of Roma women and men in society, and of the obligation to do more to improve their situation. Despite the improvements made over the past years, problems faced by the Roma women and men in Serbia are still numerous, and daily life for most of them still remains below the limits of dignity. The Roma are still discriminated in almost all spheres of social life, while the access to status and socioeconomic rights is impeded or completely impossible to them.

We have talked to Bajram Kafu Kinolli, Balkan Bob Marley, and, as many people are already calling him, the successor of Saban Bajramovic. We met Bajram, the front man of Gipsy Groove and peace activist, while he was facing numerous impediments to exercise of his own rights.

We wanted to know what this day means to him personally…

For me, the International Romani Day is the same as the International Human Day. And, every day should be a human day. The rights of Roma are for me the same as the rights of any other person. Every person deserves respect and decent life. And we cannot defend the rights of one person and neglect the rights of another. There is no respect without exchange, without a dialogue. Therefore, it is nice that there is a day when we pay homeage to one community, its culture and customs. However, if the spirit of 8 April fails to come to life on other days in the year, then even that one loses its value and significance.

Read the whole interview: We Do Not Need to Be Perfect to Be Good, or to Be Respected Only If We Are Perfect

Today, we are celebrating 17 May, the International Day against Homophobia, Transphobia and Biphobia, the annual holiday which was established to coordinate international events that remind of LGBTI rights violations and the importance to respect them worldwide. 

One of the main goals of 17 May is creation of a globally visible event without a need to adapt to a specific type of action. Though united in their messages, due to the variety of social, religious, cultural and political contexts in which LGBTI rights violations take place, the present action around the world include various activities - large street marches, parades and festivals, dance flash mobs, musical events, street art, etc.

LGBTI persons are day-to-day exposed to discrimination and violence, including physical violence and abuse. Therefore, it is necessary that the government and society in general pay more attention to measures to protect the physical and psychological integrity of LGBTI people as well as to the prevention of discrimination and hate speech.

For more information, see: On the Occasion of the International Day against Homophobia, Transphobia and Biphobia

This week, for the first time after four years, a ten-year girl with severe sight impairment goes to school by a vehicle provided by the Municipality of Smederevska Palanka. 

We remind that the girl was born with severe sight impairment and that over the past four years, ever since she started the primary school, her parents have been trying to persuade the Municipality of Smederevska Palanka to provide her the transportation to and from school, which is the obligation of each municipality according to the Law on the Fundamentals of the Education System. The Municipality of Smederevska Palanka has been unsuccessfully reminded of this legal obligation over the past years by the School Inspection, the Ombudsman and the Commissioner for Protection of Equality, which in 2015 found that the Municipality shall take all necessary measures to ensure the transportation to the girl. 

As the Municipality failed to act upon the Commissioner’s recommendation, in November 2015 Praxis filed a lawsuit for establishing of discrimination against the Municipality of Smederevska Palanka. On the basis of the above-stated lawsuit, the Supreme Court in Belgrade issued a judgment in April 2016 and established that the Municipality acted discriminatory towards the girl as it rejected to provide the transport to school, violating thus the principle of equality prescribed by the Law on Prohibition of Discrimination, and provisions of the Law on Prohibition of the Discrimination in Education.    

However, the quality education and respect for the principle of equality means much more – along with the transportation, the textbooks in Braille alphabet, as well as a qualified personal assistant, should be also available to the girl.

For more information, see: Transportation to School Provided for a Girl with Severe Sight Impairment

Human rights organizations have launched today a procedure for assessing the constitutionality of the Law on Registry Books to challenge the provision of the Law which provides that registrars exceptionally may postpone the birth registration for checking or determining the data which they  consider missing at the moment of the birth registration. This imprecisely worded provision of the Law actually allows to the official bodies to deny children the right to a name and identity, giving these authorities the legal cover for the denial of a birth certificate. In this sense, the Law is contrary to the internationally recognized human right of every child to be registered immediately after birth.

The Initiative actually raises a question of whether this provision is in accordance with the best interests of the child and the principle of prohibition of discrimination. Every child has the right from birth to a name and identity that must be available to all children in Serbia.

Praxis and ERRC are members of the European Network on Statelessness (ENS), and together they developed this initiative as part of a three-year pan-European strategy ENS which aims to eliminate statelessness among children.

For more information, see: Roma in Serbia Still Denied Birth Certificates – Human Rights Organisations Take Legal Action to Challenge Register Offices’ Unlimited Power

At the session held on 3 March, the Government of Serbia adopted the Strategy for the Social Inclusion of Roma in the Republic of Serbia for the period from 2016-2025.

Having in mind that the envisaged measures and activities carried out under the auspices of the previous Strategy for the Improvement of the Status of Roma in the Republic of Serbia 2009-2015 in many segments have failed to contribute to the substantial improvement of the situation of the members of Roma community, the new Strategy arose from the need to improve the issues in a systematic and comprehensive manner and envisage more adequate measures of social inclusion of Roma, both at national and local level. This strategic document covers five priority areas - education, housing, employment, health and social protection.

Praxis participated in the process of drafting the Strategy. In addition to the specific comments pertaining to different segments of the five priority areas and proposals for a more precise definition of individual measures, Praxis’ general observation referred to the lack of the text of the Action Plan. Respecting the commitment of the competent authorities to continue the work on promotion of the social inclusion of Roma, Praxis takes this opportunity to once again draw attention to the need for the measures provided for by the Strategy to be, as soon as possible, operationalized by the adoption of the Action Plan because only then the first and necessary precondition towards the achievement of the proclaimed goals will be fulfilled.

For more information, see: Action Plan as a Necessary Precondition Towards Achievement of Goals of Newly Adopted Strategy for the Social Inclusion of Roma in Serbia

Praxis means action
Praxis means action
Praxis means action
Praxis means action