A/HRC/13/40/Add.3
registration, i.e. recognition of all churches and religious organizations, was difficult to
accept as such practice did not exist in European states (A/HRC/10/78/Add.1, para. 34).
The Special Rapporteur would like to reiterate her wish that the Government reflect on the
2006 Law on Churches and Religious Communities. At a minimum, the Ministry of
Religious Affairs should be more transparent and streamline the registration process in
order to ensure equal access and non-discriminatory treatment in the application procedure
for all religious communities that wish to register.
2.
Discrimination against minority religious or belief communities
22.
The distinction made between “traditional” and “non-traditional” religious
communities also contributes to a number of questionable practices. One relates to the
existence of a privileged role for “traditional” churches and religious communities, for
example in respect to their access to, and representation in, public bodies. Members of
religious minorities highlighted in this regard that the council of the Republican
Broadcasting Agency, which regulates the mass media in Serbia,11 is currently chaired by a
bishop of the Serbian Orthodox Church. This fact was quoted as an indication for the
problems faced by minority religious or belief communities.
23.
Furthermore, the recently adopted anti-discrimination law provides for specific
exemptions of the prohibition of discrimination with regard to actions of priests or other
religious officials which are in accordance with the doctrine, beliefs or goals of registered
churches and religious communities. Members of civil society organizations emphasized
that this exemption was introduced shortly before the adoption of the 2009 Law on the
Prohibition of Discrimination in its article 18 due to lobbying efforts by “traditional”
churches and religious communities, inter alia, in order to protect priests against charges of
discriminating against others on grounds of sexual orientation.
24.
The Special Rapporteur was informed that religious instruction classes in the first
years of primary and secondary schools were in practice only available for members of
“traditional” churches and religious communities. In addition, some children belonging to
“non-traditional” religious minorities have reportedly been forced to attend Serbian
Orthodox liturgies in the context of school events despite their parents’ clear objection
against such activities. In addition, Jehovah’s Witnesses reported that some of their
members have lost custody of their children when they were involved in divorce cases with
a spouse who was not a Jehovah’s Witness and they alleged that the judgements were
biased on the basis of the parents’ religious affiliation.
25.
Members of religious minorities also reported that their engagement in humanitarian
aid activities during the 1990s was publicly criticized as a concealed approach for “buying
souls” and indoctrinating children. In recent years, “non-traditional” religious minorities
have been described by police officers, teachers and in the media as “dangerous cults”,
“satanic organizations” or “totalitarian sects” without being given any possibility to reply.
States should take all appropriate measures to ensure that the child is protected against all
forms of discrimination and to ensure the child such protection and care as is necessary for
his or her well-being, taking into account the rights and duties of the parents or legal
guardians. At the same, the Special Rapporteur calls upon public officials, teachers and the
media to play a more constructive role in promoting religious tolerance. She would like to
refer to General Assembly resolution 63/181, in which the Assembly urges States to step up
their efforts to ensure that all public officials and civil servants, including members of law
11
According to the Broadcasting Law, religious issues are part of the public interest content of the
public broadcasting service, which has to respect the spiritual, historical, cultural, humanitarian and
educational tradition and importance of churches and religious communities in public life.
9