Your Rights Under Serbia’s Law on Gender Equality
Gender equality is a legal right in Serbia, not merely a policy goal or a matter of personal preference. The country’s Law on Gender Equality, adopted in 2021, establishes duties for public authorities, employers, educational institutions, healthcare providers, political organizations, and other institutions.
The law addresses equal opportunities, protection from discrimination, participation in decision-making, access to services, employment conditions, education, healthcare, and the collection of gender-related data. It also recognizes that unequal treatment can arise from gender stereotypes, pregnancy, family responsibilities, gender identity, or other characteristics connected with sex and gender.
Knowing the rules can help citizens recognize unlawful treatment and choose an appropriate response. A complaint, request for information, internal report, inspection procedure, or court action may be available depending on the situation.
What The Law Protects
Serbia’s gender equality framework aims to prevent direct and indirect discrimination. Direct discrimination occurs when a person receives less favorable treatment because of sex, gender, pregnancy, family status, gender identity, or another protected characteristic. Indirect discrimination may result from a seemingly neutral rule that places one gender at a particular disadvantage without a legitimate and proportionate justification.
The law also supports equal opportunities. This means institutions should take reasonable steps to ensure that women and men, as well as people with diverse gender identities, can exercise their rights in practice. Temporary special measures designed to correct an existing imbalance are generally treated differently from discriminatory preferences because their purpose is to achieve substantive equality.
Gender-based harassment and sexual harassment are prohibited. A person should not be punished, excluded, denied promotion, or subjected to hostile treatment after rejecting unwanted conduct or reporting discrimination. Employers and institutions have duties to prevent such conduct and establish procedures for responding to complaints.
Equality At Work And In Public Services
Employment rights include equal access to jobs, equal pay for work of equal value, fair promotion opportunities, and protection from discriminatory dismissal. A job advertisement should not impose gender-based conditions unless a specific occupational requirement is lawful, necessary, and justified. Pregnancy, maternity, and caregiving responsibilities should not be used as a reason to deny employment or career advancement.
Employers have responsibilities that go beyond avoiding openly discriminatory decisions. Larger employers and public institutions may have to adopt gender equality plans, collect relevant information, assess workplace conditions, and report on measures taken. Gender-sensitive budgeting and workplace policies can reveal whether formal equality is producing unequal results.
Public services must be accessible on equal terms. This includes education, healthcare, social protection, housing-related services, administrative procedures, and other services provided by public bodies. A person who believes a service was denied or delivered differently because of gender-related discrimination should preserve documents, messages, decisions, and witness information.
| Situation | Possible concern | Useful first step |
|---|---|---|
| Unequal pay or promotion | Different treatment for comparable work or qualifications | Request written criteria and preserve employment records |
| Pregnancy-related disadvantage | Refusal to hire, dismissal, or exclusion from training | Keep job notices, emails, contracts, and medical-related communications |
| Harassment at work | Unwanted sexual or gender-based conduct | Record dates, witnesses, messages, and internal reports |
| Unequal public service | Different access or treatment by an institution | Ask for the decision or explanation in writing |
| Underrepresentation in decision-making | Exclusion of one gender from public bodies or committees | Check applicable quotas, appointment rules, and official records |
Representation, Education, And Healthcare
The Law on Gender Equality promotes balanced participation in political, public, and economic decision-making. Public authorities are expected to work toward meaningful representation of women and men in bodies, committees, management structures, and advisory groups. Electoral rules and other sector-specific laws may add detailed requirements, so the applicable procedure should be checked for each institution.
Schools and universities must support equal access to education and avoid teaching practices that reinforce harmful gender stereotypes. Students should not be denied participation in courses, activities, scholarships, or professional opportunities because of sex or gender. Educational institutions also have responsibilities related to safety, prevention of harassment, and responding to discriminatory behavior.
In healthcare, equal treatment includes access to information, diagnosis, treatment, reproductive healthcare, and respectful communication. Pregnancy, reproductive choices, disability, gender identity, or family circumstances should not become grounds for humiliating treatment or unjustified refusal of care. Some healthcare rights are regulated by separate legislation, so a complete legal assessment may require reviewing more than one law.
Institutions And Routes For Protection
Several bodies may become relevant when a person believes gender equality rights have been breached. The Commissioner for the Protection of Equality can receive complaints about discrimination and issue an opinion and recommendations. The Ombudsman may examine unlawful or improper conduct by public authorities. Labor inspectors, education inspectors, healthcare authorities, internal institutional bodies, and courts may also have jurisdiction depending on the facts.
A complaint should describe what happened, when and where it occurred, who was involved, and why the treatment appears connected to a protected characteristic. Attach copies rather than originals, organize evidence chronologically, and identify witnesses where appropriate. Avoid exaggeration, but include practical consequences such as lost income, denied access, reputational harm, or emotional distress.
Deadlines and procedural requirements vary. Some proceedings require an internal complaint before an external review, while others can be started directly. The burden of proving discrimination may be shared or adjusted once a claimant presents facts supporting a reasonable presumption of unequal treatment. This makes early legal advice valuable, especially where employment termination, public benefits, or court deadlines are involved.
Connecting Gender Equality With Other Rights
Gender discrimination can overlap with disability discrimination, ethnic discrimination, age discrimination, poverty, migration status, or sexual orientation. For example, a Roma woman facing barriers in healthcare may experience several connected forms of exclusion. An institution should examine the whole situation rather than treating each fact as unrelated.
Protection from domestic violence and protection from gender discrimination are linked but are not identical. Immediate danger should be addressed through emergency services and the relevant protection procedures. The gender equality framework can help identify institutional failures, unequal access to support, or discriminatory treatment, while domestic violence legislation establishes specific protective measures.
The same practical discipline used in other legal matters is helpful here: keep official decisions, note dates, preserve digital communications, and submit requests in writing. For general procedural guidance on a different type of administrative dispute, NOMCENTAR’s appeal guide illustrates why deadlines, evidence, and a clear written argument matter.
Practical Steps For Protecting Your Rights
A person does not need to know the complete legal system before taking the first step. The goal is to create a reliable record and direct the issue to the body with authority to act. A calm, factual written request can sometimes resolve a problem, while also preserving evidence if formal proceedings become necessary.
Useful actions include:
- Write down the date, location, people involved, statements made, and practical effect of the incident.
- Save contracts, payslips, job advertisements, institutional decisions, emails, messages, photographs, and medical or administrative records.
- Request explanations, criteria, and decisions in writing instead of relying only on telephone conversations.
- Check whether a complaint should go to the Commissioner for the Protection of Equality, Ombudsman, inspectorate, employer, institution, or court.
- Seek legal advice promptly when a deadline, dismissal, denial of service, harassment, or safety risk is involved.
Legal assistance can help distinguish discrimination from a general disagreement, identify the correct respondent, calculate deadlines, and prepare a complaint. It can also clarify whether free legal aid is available through a local authority or another authorized provider. NOMCENTAR’s learn about NOMCENTAR page explains the organization’s work in legal education, civic advocacy, and community support.
Every person has the right to be treated with dignity and equal consideration. When an institution fails to meet that standard, a well-documented response can make the issue visible and improve accountability beyond the individual case. If you need help assessing a gender equality concern in Serbia, request legal guidance from NOMCENTAR and provide the key facts, documents, and dates so the next lawful step can be identified.