Serbia - Basic Court in Novi Sad, case no. P 56984/2010

The City Administration for General Affairs of the City of Novi Sad dismissed the requests for subsequent birth registration of three legally invisible Roma persons referring to the “current situation in Novi Sad, with ever greater influx of persons of Roma nationality claiming that they and their children were born in Novi Sad” and expressing a fear that “hasty, irresponsible and reckless” acting upon their requests “would cause numberless requests of a similar kind by persons of Roma nationality”. 

Case name (in original language)
Tužba zbog diskriminacije
Case status
Decided
Case number
P 56984/2010
Date of decision
State
Court / UN Treaty Body
Basic Court in Novi Sad (Osnovni sud u Novom Sadu)
Language(s) the decision is available in
Serbian
Applicant's country of birth
Serbia
Applicant's country of residence
Serbia
Relevant Legislative Provisions

Articles 4, 6, 25 and 24 of the Law on the Prohibition of Discrimination. 

Facts

The City Administration for General Affairs of the City of Novi Sad dismissed the requests for subsequent birth registration of three legally invisible Roma persons referring to the “current situation in Novi Sad, with ever greater influx of persons of Roma nationality claiming that they and their children were born in Novi Sad” and expressing a fear that “hasty, irresponsible and reckless” acting upon their requests “would cause numberless requests of a similar kind by persons of Roma nationality”. 

Decision & Reasoning

Defendant was governed by personal features of the submitter of the request and made the unjustified difference between these and other submitters regarding their national affiliation, (…) and placed them in an unfavourable position in comparison to other submitters of requests who are not of Roma nationality, which is an act of direct discrimination. 

Outcome

Violation