|SC||Variations of sex characteristics|
|GR1||Legal gender recognition without self-determination|
|GR2||Legal gender recognition with self-determination (over 16)|
|GR3||Legal gender recognition with self-determination (under 16)|
|FPN||LGBTI focal points network|
|CA||Ministerial call to action|
The Anti-Discrimination Law (2009) provides protection against discrimination on grounds of sexual orientation and gender identity and is applicable within education. However, variations in sex characteristics are not mentioned in this law. The Law on Higher Education (2005, amended 2017) guarantees the right to higher education to all persons who have completed their secondary education, irrespective of their gender or sexual orientation. Activities of higher education are based on the following principles: academic freedoms; openness to the public in general, and to citizens; recognition of humanistic and democratic values of European and national traditions and cultural heritage values; respect for human rights and civil liberties, including prohibition of all forms of discrimination.
Furthermore, the Law on Pupil and Student Standard regulates rights, duties and responsibilities of learners. The law prohibits discrimination, insults, violence and abuse (i.e. any activity of overt or covert threatening, belittling or discriminating against groups and individuals) on any grounds, particularly on the grounds of race, sex, ethnicity, social origin, birth, religion, political or other opinion, financial status, culture, language, age, sexual orientation, mental or physical disability, body shape, or any activity that encourages such behaviour.
The Anti-Discrimination Strategy for 2013-2018 aims to respect the constitutional principle of non-discrimination against a person or group of persons in regard to their personal traits, especially vulnerable groups (LGBT people, among others). The Strategy defines the following specific objectives in the field of education: to ensure that the right to education can be effectively exercised without discrimination; in particular, to ensure protection of rights of children and youth to education in a safe setting, free from violence, bullying, social exclusion or other forms of discriminatory and degrading treatment; to use education system to raise awareness among young people; to promote common tolerance and respect; to provide objective information in school curricula and textbook material; and to support and assistance in teaching LGBT pupils and students, as well as protection of academic staff from discrimination, harassment, dismissal due to actual or assumed sexual orientation and gender identity.
Furthermore, the National Youth Strategy for the period 2015 – 2025 explicitly mentions young people with different sexual orientations and highlights the issue of bullying and violence against the LGBT community. It prohibits discrimination, but there is no explicit information about inclusive measures for LGBT people.
Civil society organisations report that there is no inclusion of LGBTQI topics in the school curricula. In 2014, there was an initiative to teach sexual education in several schools, but this was stopped by the government. The Law on Textbooks guarantees equal opportunities and prohibition of discrimination in the sense that a textbook, manual, teaching material or teaching aid in its content and form should enable implementation of the equal opportunities principle, and that its content and form must not discriminate or put at disadvantage groups and individuals, or encourage such behaviour, in accordance with the law governing prohibition of discrimination. However, Labris conducted a textbook analysis in 2014 revealing that textbooks in the area of biology, medicine and psychology had discriminatory content. In 2017, the organisation requested the Ministry of Education to review the content of textbooks and teaching aids which contain discriminatory content. In the response Labris received, they commit to draw-up a proposal to define more closely the plan of textbooks and standards of quality of textbooks, manuals, teaching materials and didactic teaching materials, so that they do not contain of discriminatory content or approach in relation to all minority groups or individuals.
There is currently no mandatory teacher training on LGBTQI awareness. Labris, however, has been organising trainings for professors and other high schools staff on LGBTQI awareness since 2011.
There are no clear legal or administrative proceedings to change name or gender marker.
The government does not provide information about cases of bullying and harassment on grounds of real or perceived sexual orientation, gender identity and expression or variations in sex characteristics. In 2017, Labris conducted an analysis of the attitudes of high school students about the LGBT community: 54% of students believe that homosexuality is a disease, 53% opposes LGBT content in teaching material, and 40% believe that LGBT persons should not have the same rights as other persons. The study shows that most young people grow up learning hatred for difference. Based on this research, Labris concludes that such attitudes are not only a product of the social climate, but also of teaching materials that discriminate against the LGBT community.
Every school has psychologist and/or education specialist and obligation to develop an action plan against bullying and create a school board to deal with the issue. LGBTIQ learners, however, are not explicitly mentioned.
There is no specific information for LGBTQI learners or guidance for the education sector on how to address bullying and harassment against LGBTQI students. Despite a lack of public funding, civil society organisations provide this information, as well as presenting a living library in some high schools.
The government provides no support to LGBTQI civil society organisations working in the area of education.
– Serbia has signed the Call for Action by Ministers – Inclusive and equitable education for all learners in an environment free from discrimination and violence.
– Serbia is not a member of the European Governmental LGBTI Focal Points Network.