Law on the Prohibition of Discrimination

The Law on the Prohibition of Discrimination is not important only after discrimination has already happened. It matters because it shows that equality is not a matter of goodwill from institutions, employers, schools, media or individuals. Equality is a legal obligation.

Discrimination does not always look like open hatred. Sometimes it appears as rejection, silence, humiliation, unequal treatment, denial of service, a stereotype, a joke that is not harmless, a job call that excludes someone in advance, or an institution pretending that the problem does not exist.

For Avangarda, this law is one of the key documents for understanding human rights in everyday life. It helps identify when someone is not treated equally because of a personal characteristic, identity, origin, religion, language, sex, disability, age, health condition, political belief or another ground.

This resource serves as a starting point for understanding protection from discrimination in Serbia. For specific legal procedures, the official source should always be checked and professional legal assistance, the Commissioner for the Protection of Equality or the competent institution should be contacted.

The applicable version includes Official Gazette RS 22/2009 and amendments 52/2021. Protection requires connecting adverse treatment with an actual or assumed personal characteristic and legal criteria; not every inequality is automatically discrimination. A signed complaint to the Equality Commissioner identifies the person affected, the respondent, events and evidence. It is free of charge and may be written, electronic under institutional rules or oral for the record. The Commissioner decides within 90 days and issues an opinion and recommendation, not damages. Judicial protection is separate and can cover ending a violation, removing consequences and compensation under statutory conditions. Complaints through another person or organisation involve consent rules, with particular exceptions for group discrimination.

This supplements Avangarda’s informational editorial overview, rather than reproducing the statute. Translations are editorial, not official. Check the applicable text and appropriate legal route for your case.

This law is used to understand when unequal treatment becomes discrimination, which forms of conduct are prohibited, and what protection mechanisms exist when a person is placed in a disadvantaged position because of a personal characteristic.

This law can be used by citizens, journalists, students, activists, civil society organizations, employees, employers, schools, institutions and anyone who wants to understand when unequal treatment becomes discrimination and how protection can be sought.

Use it when a person believes they have been placed in a disadvantaged position because of a personal characteristic, such as origin, religion, language, sex, disability, age, health condition, political belief or another ground. It is especially relevant in situations related to work, school, institutions, public services, media, housing, healthcare or access to information.