CRIMINAL-LAW PROTECTION AGAINST DISCRIMINATION IN THE REPUBLIC OF SERBIA
CRIMINAL-LAW PROTECTION AGAINST DISCRIMINATION IN THE REPUBLIC OF SERBIA

Summary/Abstract: Discrimination represents one of the most severe forms of violation of human rights. Rules prohibiting discrimination are contained in numerous international human rights instruments, while states have enacted laws explicitly prohibiting discrimination and providing protection against it. In accordance with international instruments, as well as constitutional and statutory provisions, it may be concluded that the prohibition of discrimination constitutes a fundamental principle of every democratic society. The legal system of the Republic of Serbia provides various forms of civil-law, criminal-law, misdemeanor, and constitutionalcourt protection against discrimination. Criminal-law protection against discrimination in Serbia is regulated by the Criminal Code (2005), which prescribes a number of criminal offences related to the prohibition of discrimination, as well as offences containing elements of discrimination, thereby providing protection in cases of discrimination and violations of the principle of equality. Many unlawful acts prescribed as criminal offences by the Criminal Code originated from the criminal offence of violation of equality. For this reason, this incrimination is considered fundamental within the corpus of criminal offences protecting the equality of citizens and, accordingly, it constituted the subject of analysis in this paper. Nevertheless, it should be emphasized that the criminal-procedural response to the problem of discrimination, in comparison with other forms of protection, is of a secondary nature, as may be concluded from the overview of the presence of the criminal offence of violation of equality in the practice of judicial authorities in the Republic of Serbia.

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