A/HRC/13/40/Add.3
11.
The procedure for registration of churches and religious communities on the register
maintained by the Ministry responsible for religious affairs is stipulated in articles 17 to 25
of the 2006 Law on Churches and Religious Communities. No religious organization may
be registered the name of which contains a name or part of a name expressing the identity
of a church, religious community or religious organization that has already been entered in
the register or has submitted an application for entry beforehand. Pursuant to article 18,
religious communities that are not considered “traditional” according to article 10 have to
supply a memorandum with the names and signatures of the founders comprising at least
0.001 per cent of adult citizens of Serbia who are resident in Serbia according to the most
recent official population census, or foreign citizens with permanent residence on the
territory of Serbia.
12.
According to article 20 of the 2006 Law, the Ministry responsible for religious
affairs may reject an application for registration of a religious organization if its goals,
teachings, ceremonies or activities are contrary to the Constitution and public order, or if
they endanger the life, health, liberty and rights of others, the rights of children, the right to
personal and family integrity or the right to property. In making a decision on an
application for entry in the register, the Ministry responsible for religious affairs will also
take into account the decision of the European Court of Human Rights as well as
administrative or judicial decisions regarding the registration or activities of a specific
religious organization in one or more Member States of the European Union. Approval of
entry, rejection of application, refusal of entry or deletion from the register may be
appealed administratively.
13.
The Parliament of the Republic of Serbia adopted a law on the prohibition of
discrimination in March 2009. The law defines “discrimination” and “discriminatory
treatment” as any unjustifiable differentiation or inequitable treatment, i.e. act of omission
regarding persons or groups, as well as their family members or people close to them,
performed in an overt or concealed manner, on grounds of, inter alia, religious convictions.
According to article 18 of the 2009 law, “discrimination occurs when the principle of
freedom of expressing one’s religious beliefs is breached, i.e. if a person or group is denied
their right to adopt, maintain, express or change their religious beliefs, or to behave in
accordance with their religious beliefs”. Shortly before the adoption of the 2009 law, a
second paragraph was added to article 18 of the law, providing that “priests’ or other
religious officials’ actions that are in accordance with the doctrine, beliefs or goals of the
churches and religious communities” registered under the 2006 Law on Churches and
Religious Communities should not be deemed to be discriminatory. Reportedly, pressure by
religious and conservative groups regarding issues such as religious conversion and free
expression of sexual orientation had led to a temporary withdrawal of the bill from the
legislative agenda in early March 2009. An amended anti-discrimination law was finally
adopted on 26 March 2009 by a narrow majority.
14.
The 2001 Law on the Census of Population, Households and Housing stipulates that
no person is obliged to declare his or her religious affiliation and that the census form must
contain a note on that subject. In addition, article 18 of the Law on the Protection of
Personal Data provides that data on racial origin, ethnicity and religious or other
convictions can be collected, processed and rendered for use solely by written consent of
the citizen.
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