This note refers to Serbia’s official borders in 2005, including Montenegro and Kosovo. The country’s uncertain status has made it impossible to calculate certain indicators.
Serbia has signed the Convention on the Elimination of All Forms of Discrimination against Women and has taken steps to achieve the Convention’s objectives. The situation in the country remains complex, however, because the population comprises several diverse ethnic origins, languages and religions. Serbia has experience a high level of violence over the past 15 years. These conflicts have affected the entire population, but women were often more vulnerable than men; ethnic rape, for example, has been a particular problem.
Serbia’s Family Code tends to treat women and men as equals, but some traditional customs are highly discriminatory. The legal minimum age for marriage is 18 years for both men and women. A court may grant an exemption from the age of 16, but any marriage before this age is strictly prohibited and considered a crime. The law stipulates that both spouses must freely consent to marriage and should not be subjected to threats or other pressure. Early marriage occurs before the age of 16 among the Vlach and Roma ethnic minorities in eastern Serbia. Although it is illegal, some of these communities still follow the practice of “buying” the fiancée through an actual transaction rather than merely as a symbolic gesture. No statistical data on the actual extent of early marriage is available.
Polygamy is a crime in Serbia and is punishable under the Penal Code. Polygamous marriages do occur in Kosovo (where they are sanctioned by customary law and religion) and in the regions of Raska and Metohija.
The law on marriage states that spouses should share parental authority and mutually support each other; they have the same rights and responsibilities in caring for and educating their children. The State provides a financial allowance for a second child and any subsequent children, which is paid to the mother. Either spouse may ask for a divorce and either parent may obtain custody of the children. However, in the regions of Raska, Metohija and Kosovo, tradition dictates that custody is most often awarded to the father or the father’s family, without consideration of the children’s needs. If one spouse has insufficient resources to cover basic needs, the courts can impose a child support payment.
The Constitution guarantees equal inheritance rights for men and women. Women can inherit land, but in some regions, they can only exercise this right in their husband’s name.
Serbian legislation protects the physical integrity of women relatively well, but violence against women remains a problem. Domestic violence is punishable by between six and ten years in prison, with a minimum sentence of ten years if the victim dies. In general, Serbs (including women) consider domestic violence as a fact of life; it is estimated that as many as two-thirds of victims do not file complaints. Rape is punishable by between 1 and 40 years in prison, with a minimum of five years if the victim is a minor or if she dies. In practice, the courts often give rapists light sentences. Very few women bring complaints to the courts, largely for fear of reprisals or the humiliation of a public confrontation. Centres have been set up to provide shelter and support for victims of violence; they also serve as refuges for women raped during the recent conflicts in Serbia. Sexual harassment is punishable by between six months and one year in prison, but victims often remain silent.
There is no evidence to indicate that female genital mutilation is practised in Serbia. No information is available to indicate whether Serbia is a country of concern in relation to missing women.
Respect for traditional customs restricts the ownership rights of some Serbian women. In various rural areas, women do not have access to land. If women buy or inherit land, tradition obliges them to register it in the name of their husband or another close male relative.
The Constitution guarantees equal rights of access to property other than land for men and women. Each spouse retains ownership of property that was acquired before the marriage, or that is inherited or received as a gift, and can manage such property as he or she chooses. Property acquired by spouses during the marriage is joint property; they manage it together and each spouse must have the other’s agreement to dispose of it. In the event of divorce, the division of joint property is based on each spouse’s contribution to the family’s assets.
Serbian law guarantees equal access to bank loans for men and women. In some cases, borrowers are required to provide security in the form of property or a guarantee from another property owner. As women are less likely to be property owners than men, it is often difficult for them to access loans.
Overall, women’s civil liberties are respected in Serbia. The Constitution guarantees freedom of movement, and both men and women have the right to choose where they live and work. Women appear to have freedom of dress except in certain ethnic minority communities that sometimes oblige them to respect tradition.
CEDAW (Committee on the Elimination of Discrimination against Women) (2006), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Serbia, Initial Report of States Parties, Cedaw/c/scg/1, CEDAW, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Serbia (includes Kosovo), US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
