Law on Gender Equality

The Gender Equality Act was published on 24 May 2021 in Official Gazette RS 52/2021. Its original text regulates equal opportunities and equality based on sex and gender, public policies, and duties of authorities and employers. It covers, among other fields, employment, education, health and social protection, and access to services. This catalogue entry remains an unpublished draft: the final position on enforcement following the constitutional interim measure has not been confirmed in the official sources reviewed.

On 27 June 2024, in case IУз-85/2021, the Constitutional Court initiated proceedings to determine the Act's unconstitutionality and suspended execution of individual acts or actions taken under its provisions. The official court announcement confirms this. Initiating review and imposing interim suspension are not a final decision repealing the entire Act. Neither establishes that the previous legislation has revived.

Before implementing a particular duty, reporting requirement or sanction based on this Act, check the current court decision and its scope. Publication of the statutory text alone does not establish that every duty can be enforced unconditionally. A training announcement or institutional event is also not a decision terminating the measure.

Protection against discrimination must be examined separately under the Constitution, the Antidiscrimination Act and other relevant applicable legislation. The Equality Commissioner's remit and access to judicial protection differ from executing an act based on provisions affected by the measure.

For example, someone who believes employment was denied because of sex retains the advertisement, correspondence and decision and examines the antidiscrimination route. Automatic compensation should not be promised, nor should absence of protection be assumed because constitutional proceedings exist. An employer examining duties under this Act must establish the legal basis and status of the particular duty.

The Commissioner's opinion 1098-25 of 14 May 2026 mentions review and suspension; it is not the Constitutional Court's final decision and does not prove that the measure ended.

Official statutory text · Commissioner opinion 1098-25

Informational draft, not unconditional implementation guidance. Translations are editorial, not official; check the current court decision and obtain a legal assessment for the particular case.

Explains the law’s subject and the distinction between interim measures and final decisions.

People, employers and authorities assessing rights or duties with professional status verification.

Before relying on a particular duty in this law or considering discrimination protection.