MULTIPLE AND INTERSECTIONAL DISCRIMINATION CHALLENGES SERBIA Kosana Beker

MULTIPLE AND INTERSECTIONAL DISCRIMINATION - CHALLENGES SERBIA Kosana Beker Brussels, 7 th December 2016

COMMISSIONER FOR PROTECTION OF EQUALITY Independent, autonomous and specialized state body; Established in accordance with the Law on Prohibition of Discrimination (2009); Suppressing all forms, types and cases of discrimination, protects equality of legal subjects in all areas of social relations, monitors the implementation of antidiscrimination legislation and improves fulfilment and protection of equality.

PROTECTED GROUNDS Race, skin colour, ancestors, citizenship, national affiliation or ethnic origin, language, religious or political beliefs, sex, gender identity, sexual orientation, financial status, birth, genetic characteristics, health status, disability, marital and family status, previous convictions, age, appearance, membership in political, union and other organisations and any other real or presumed personal characteristics.

COMMISSIONER FOR PROTECTION OF EQUALITY Act upon complaints for discrimination (gives opinions and recommendations); File lawsuits for protection from discrimination (strategic litigations); File misdemeanour charges; Inform public about cases of discrimination; Give recommendations on measures for improving and protecting equality.

Severe form of discrimination ü The Law on the Prohibition of Discrimination in Article 13 recognizes: ü Multiple OR intersecting discrimination as a severe form of discrimination defined as “discrimination against individuals on the basis of two or more personal characteristics” characteristics ü Terminology (not synonyms)

ü There is no particular sanction prescribed for multiple/intersectional discrimination by the LPD, not even that sanction should be higher; ü It is recognized as a severe form of discrimination – courts should take it into account;

CPE ü Dealing with intersectional discrimination upon receiving complaint; ü Putting additional efforts in investigation of particular social interactions, as well as on intersection of different grounds; ü Warn the public of severe cases of discrimination, and raise awareness of different groups/stakeholders through educational and promotional activities. (e. g. UNWomen & CPE – event on girls and women with disability – General Comment No. 3 on Article 6 of the CRPD)

Challenges ü Lack of antidiscrimination practice, especially court cases; ü Some courts/judges still have problems with recognition of discrimination; ü To. T for 8 judges – 1, 5 year – educations, training, visit the ECHR; ü Examples of intersectional discrimination

• • Judges expressed their concern: Comparator – one ground/more grounds; Is comparison necessary? Burden of proof – shifting – is one ground enough? • COMMISSIONER – few cases; without comparator • Contextualization of the individual case • Terminology – intersectionality, disadvantage. . .

Examples: ü Gender and intellectual disability - Case presented to the CRPD ü Gender and national affiliation (Roma)

Thank you for your attention