DRAFT RESOLUTION AGAINST DISCRIMINATION AND VIOLENCE AGAINST LGBT PEOPLE
03/07/2006
By
ILGA-Europe
DRAFT RESOLUTION AGAINST DISCRIMINATION AND VIOLENCE AGAINST LGBT PEOPLE
Prepared by: Labris β organization for lesbian human rights
Affirming devotion of Republic of Serbia to building democratic society, based on the rule of law and protection of human rights and rights of minority groups, and to building of efficient state institutions taking into account criteria for admittance into European Union adopted by European Council in Copenhagen in 1993;
Affirming determination of Republic of Serbia to protect human rights and rights of minority groups guaranteed by Charter on human rights and rights of minority groups of state union Serbia and Montenegro; in the manner specified by a decision on the commitments of the governmental bodies of the Republic of Serbia regarding the acquiring of competencies of the Republic of Serbia as a successor of the state union of Serbia and Montenegro;
Affirming devotion for protection of rights guaranteed by European Convention on Human Rights and Fundamental Freedoms and Protocol No.12 to the Convention, in the manner that European Court of Human Rights interprets Articles No. 8 and No.14 of the Convention;
Alluding on Constitution of Republic of Serbia that guarantees equality of rights and freedoms with no regard of race, sex, birth, language, nationality, religion, political or any other belief, education, social background or any other personal attributes;
Taking into account clear destination of citizens of Serbia, as well as political consensus about joining European Union as undisputable strategical goal;
Convinced that every individual in Republic of Serbia must enjoy all fundamental rights without any discrimination based on personal attributes,
Confirming determination of Republic of Serbia to accomplish its obligations assumed by Declaration from EU Summit β West Balkan, that took place on 21st June 13, 2006, as well as Agenda from Thessalonica for West Balkan: Path towards European Integrations;
Sharing principles, values and goals on which European Union is founded,
National parliament of Republic of Serbia, on ___________ sitting ___________ of Assembly in _______ year, held _____________, has agreed on following:
RESOLUTION AGAINST DISCRIMINATION AND VIOLENCE AGAINST LGBT PEOPLE
National parliament of Republic of Serbia:
1. Confirms that any form of intolerance is unacceptable in Republic of Serbia and that acts of intolerance can lead to violence based on ill-mannered motives,
2. Expresses that it eliminates homophobia as an irrational fear of and aversion to homosexuality and of lesbian, gay, bisexual and transgender (LGBT) people based on prejudice, similar to racism, xenophobia, anti-Semitism and sexism,
3. Confirms its willingness for complete appliance of the laws that are prohibiting discrimination against sexual minorities in any private or public sphere, especially through hate speech and encouragement of discrimination, psychological and physical violence, persecution and murder,
4. Invokes acceptance of same-sex oriented persons as equal citizens and elimination of unjustifiable fear from homosexuality within society,
5. Invokes completion of hate speech by certain politicians and representatives of religious communities, by which they justify endurance of discriminatory laws, and above all, through aggressive behavior create grounds for intolerance and violence with impunity,
6. National parliament of Republic of Serbia strongly condemns any discrimination based on sexual orientation and guarantees:
1. protection of lesbians, gays, bisexual and transgender persons from homophobic hate speech, encouragement of hatred and violence;
2. that discrimination based on sexual orientation will be prohibited in all sectors by completing anti-discriminatory legislation and that it will include sexual orientation in prohibited grounds for discrimination in national legislation;
3. that it will ensure equal treatment for same-sex oriented persons in regard of employment, wages and employment certainty;
4. that it will ensure safety during public gatherings of same-sex persons;
5. that it will espouse in eliminating existent dossiers of homosexuals and that it will abolish the practice of collecting such dossiers by police or any other authorities;
6. to enact legislation to end discrimination faced by same-sex partners in the areas of inheritance, property arrangements, tenancy, pensions, tax, social security etc, and ensure that they enjoy the same respect, dignity and protection as the rest of society;
7. to take positive measures to combat homophobic attitudes, particularly in schools, the medical profession, the armed forces, the police, the judiciary and the Bar, as well as in sport, by means of basic and further education and training;
8. that it will demand abolition of all mandatory medical actions or research aimed at changing sexual orientation;
9. that it will include in existing fundamental rights protection and mediation structures, or establish an expert on, discrimination on grounds of sexual orientation;
10. that it will include NGO sector from gay and lesbian community in campaigns organized by the state with aim to deride homophobia within society;
11. that it will recognize persecution against homosexuals as a ground for granting asylum in Republic of Serbia;
12. that it will take any other action they deem appropriate in the fight against homophobia and discrimination on grounds of sexual orientation and to promote and implement the principle of equality in their society and legal order.
Labris, Lesbian Human Rights Organization
Belgrade, Republic of Serbia
Tel: + 381 11 3444 950
Fax: + 381 11 459 604
i_centar@labris.org.yu
www.labris.org.yu

