Normative Aspects of Family Protection and Family Development in Serbia

Normative Aspects of Family Protection and Family Development in Serbia Presented by: Prof. Dr. Stanić Date: 23 February 2024 Constitution of Serbia 2006 - The Republic of Serbia shall encourage the parents to decide to have children and assist them in this matter." (Art. 63). - The principle of special protection of the family, mother, single parent and the child is stipulated in the Constitution (Art. 66). - The children born out of wedlock and those born in marriage are equal, this is stipulated in the Constitution in the (Art. 64/4). - The non-marital cohabitation shall be equal with marriage, in accordance with the law (Art. 62/5). Principle On Child Birth - "Everyone shall have the freedom to decide whether they shall procreate or not. (Constitution Art. 63). - "The woman has the right to freely decide on birth" (Family Act Art.5). Family Act 2005 - (1) The woman has the right to freely decide on birth (Art.5). • In fact, this wording covers only the right to decide on the birth of an already conceived child, and not the other powers arising from the right to family planning, because it includes only the woman as the holder of the right to decide on the birth. • This provision does not cover the powers that a man has (eg the right to treatment of reduced fertility), nor the powers jointly exercised by a woman and a man (eg access to biomedical conception procedures). • Given that the constitutional wording is also insufficiently clear, as the question is often raised as to who is meant by the term "everyone", the proposal would be that the wording read: • "Every woman and man has the right to freely decide on childbirth". Relevant Acts - Law on financial support for family with children 2017. stipulates diverse allowances, such as parental allowance (Art. 23), child allowance - (Art. 26-33). - Law on lab our 2005 regulates work allowances: maternity leave lasts for three months and leave for the child care for additional nine months. - . Law on retirement and disability insurances: beneficiaries of the right to family pension are family members of the deceased insured person. - Law on citizen income tax 2001:income tax is not paid on income earned on the basis of: • Incomes which are realized in accordance with the law regulating financial support for families with children - . Family Act 2005: Family home - right to reside (habitation) (Art 194) - Law on biomedical assisted fertilization 2017 - Law on social protection 2011 Law on Non-Contentious Proceedings - Vulnerable adults: In 2021 in Serbia the percentage of the population aged 65 and older is 21.3%. - The number of users in Centers for social work that are deprived of legal 'transactional' capacity is growing - in 2017 13.075 persons are deprived of the legal 'transactional' capacity. - One solution is limitation of the deprivation of 'transactional' ('contractual') capacity in a way that the decision is to be to re-examine in the period of maximum three years (Law on Non-Contentious Proceedings amendments 2014). - The obligation of the court to define legal operations which the person deprived of the capacity can undertake by himself/herself and especially if this person can exercise his/her elective right (Law on Non-Contentious Proceedings amendments 2022). Draft Law on Amendments to Family Act - Proposal to abandon the existing institution of "deprivation of legal 'transactional' capacity" and to keep only the institution of "limitation of legal 'transactional' capacity" (Article 146). National Strategies - National strategy for youth for the period from 2015 to 2025 - National strategy for youth in the for the period from 2023 to 2030 - National strategy to encourage childbirth 2018 International Companies: In Favour Of Mothers - Some private, mostly international companies, has in their by-laws stipulations which are in favor of mothers of the new born children. - For instance, as an example of the good practice is the 3AP company (IT). - In this company the so-called soft landing for mothers after returning from maternity leave is introduced. First two weeks upon the return to work, the working engagement is to be 50%, meaning working 4 hours a day to get back to the routine of getting ready for work, catching up, and finding a way to adapt work with the baby newcomer. - After those first two weeks, the next 10 weeks, the working engagement is to be 6 hours a day, leaving more baby time or kindergarten adjustments. There is also paid leave for 20 working days that can be used until the child turns 1 year. Research: Father's Role - The research on the role of the father in the family, conducted by the Association "Prvi put s ocem" ("First time with father"): - Fathers in Serbia do not participate equally in the responsibilities of children, and the majority of research respondents believe that the role of the father in the upbringing of children is important only from the age of three. - This Association has already 10 year stands for a more active role of fathers in children's lives. This was also the reason to send a letter to the Ministry of Family Care to support their initiative for Serbia to have a Father's National Day. More than 50 countries of the world had done it already. - The Association states that the survey, which they conducted on the occasion of International Father's Day, shows that as many as 61.6 percent believe that fathers do not participate equally in the responsibilities towards children, while slightly more than a third (36.6 percent) think that both mothers and fathers share their duties. International Companies: In Favour Of Fathers - As well as in favor of mothers, private, mostly international companies, has in their bylaws stipulations which are in favor of fathers of the new born children. - For instance, as an example of the good practice is the L'Oréal company. - The paternity leave takes effect from December 1st, 2021. - The 6 weeks of paternity can be taken in a block of 6 weeks or 3 times x 2 weeks. The deadline for using the paternity leave is 36 months after eligibility starts (childbirth or adoption) and afterwards it expires. - Conditions to be eligible for paternity leave are: the employee must be the biological father or have adopted a child, and have worked continuously for the Company for 6 months continuous employment before becoming a father. Employees who are entitled to paternity leave and pay are employees who are employed on fixed term contracts entering into paternity leave.