Republic of Serbia
Office for Human and Minority Rights
1. What is the subject and main aim(s) of the programme or policy in question?
- Is the participatory process related to the entire programme or to a specific aspect of it?
- Where in the programme or policy cycle does the participatory process occur?
The social welfare reform has been implemented in the Republic of Serbia for 12
years now (since 2001). Results of the reform were transformed into the new Law on Social
Welfare. The core principles of the new law are: a full range of exercising human rights and
social inclusion, respecting best interests of users, an active role of users in defining services,
ensuring quality control, development of local services, and partnership between the public,
NGO and private sector.
The new Law on Social Welfare, inter alia, sublimes various innovative approaches
and achievements made during the social welfare reform. It is important to point out that the
social welfare reform in Serbia has from its very beginning been based on the “bottom-up”
approach. This means that supportive environment was created, which initiated new ideas and
their implementation, particularly at the local level. New social welfare services were initiated
within the framework of the project whose implementation created new experience that was
systematically regulated and governed by norms (laws).
The Ministry competent for the field of social welfare developed the draft Law on
Social Welfare in 2009. One of the most extensive public debates on a law in the Republic of
Serbia was organised for the purposes of the draft Law, which started in 2009 and finished in
March 2010. The debate was held according to the program adopted by the Serbian
Government. Participants in the public debate were representatives of social welfare
institutions, relevant state authorities and administrative authorities, eminent experts in this
and other relevant fields, as well as other stakeholders – civil society organizations dealing
with protection and promotion of human and minority rights, social and economic rights of
the most vulnerable groups, as well as with issues of social inclusion, and most importantly,
users of social welfare rights and services, and all interested citizens of the Republic of
Serbia. A significant support to the Ministry for holding the public debate for the purposes of
the draft Law was provided by the Social Inclusion and Poverty Reduction Team at the Office
of the Deputy Prime Minister. The Social Inclusion and Poverty Reduction Team was
engaged by the Civil Society Organisation (CSO) Focal Point, as representatives of vulnerable
groups and end users, to organise the public debate for the purposes of improving wording of
the draft Law from the point of view of human rights, social inclusion and needs of each of
vulnerable groups.
The draft Law was published at the Ministry’s website www.minrzs.gov.rs, as well as
the Form for comments on the draft Law where all interested parties could leave their
suggestions and comments, which ensured full transparency, publicity, participation and
accessibility of the public debate process.
In addition to many public debates held with institutions and organisations, and with
professional associations in the field of social welfare (which shall not be listed here due to
extensive information), Ministry and Social Inclusion and Poverty Reduction Team of the
Serbian Deputy Prime Minister also organised round tables, and meetings with associations
(CSO Focal Point):
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On 22 January 2010, in Belgrade – Focal Point of organisations for the Improvement
of Women’s Status (Autonomous Women’s Center) collected suggestions to the draft Law at
the round table, with active participation of associations with programs aimed at the
improvement of the status of women in the Republic of Serbia.
On 26 January 2010, in Belgrade – Focal Point of civil society organisations for the
group of persons with disabilities (Center for Independent Living of Persons with Disabilities
Serbia), by actively participating in this process, contacted more than 80 organisations of
persons with disabilities in Serbia for comments, suggestions and proposals for the draft Law.
The round table included a discussion about received comments to the wording of the Law.
All comments and suggestions were forwarded to the Ministry of Labour and Social Policies
for further consideration.
On 26 and 28 January 2010, in Belgrade and Kragujevac – Focal Point of civil society
organisations for the elderly (Amity) organized two round tables with a public discussion
about the draft Law on Social Welfare by CSOs, members of clusters for the elderly,
representatives of local self-governments and private entrepreneurs that provide social
services.
On 10 and 16 February 2010, in Niš and Kruševac – Association for Protection and
Promotion of Mental Health of Children and Youth from Niš, and Focal Point of civil society
organisations for children organised round tables for the purposes of the draft Law on Social
Welfare from the perspective of NGOs and protection of children.
On 23 February 2010, in Belgrade – Focal Point of organisations for youth (Citizens’
Initiative) organised a consultative meeting with youth organisations and youth service
providers.
On 26 January and 11 February 2010, in Novi Sad and Kraljevo – Focal Point of
organisations for refugees and internally displaced persons (Group 484)) organized round
tables where suggestions and comments on the draft Law were gathered.
Also, Focal Point of organisations for Roma minority (Roma Information Center)
organised meetings in Belgrade (for representatives of Roma clusters) and in Kragujevac (for
representatives of local authorities and other local institutions).
During the public debate, professional and general public had an opportunity to
present their views, comments and suggestions for the draft Law, at the level of a conceptual
design, structure and legislative scope, as well as for specific contents of standards. A
significant number of constructive suggestions were collected during the public debate, as
well as comments and suggestions out of which over 80% was included in wording of the
draft Law, which did not violate the very concept of the law. Thus, an objective of one of the
most attended public debates in the legislative history of the Republic of Serbia was achieved
– respecting participants in the debate and a direct influence of experts, representatives of user
groups, users, citizens and other interested parties in the wording of the Law, whicih
contributed to significant improvement in its qualty.
The Law on Social Welfare (“Official Gazette of RS” No. 24/2011) was adopted in
2011. The Law fully supports the reform of implementation of the integral social welfare
concept and achievement of two specific objectives: (1) improvement of protection of the
poorest, ensuring minimum subsistence level and more efficient system of benefits, and (2)
development of a network of community services by implementing an integral assessment and
planning in the community, system quality, and territorially and functionally available
services. The Law also provides greater protection to the poor elderly in the rural areas, and
encourages an increase in social service capacities in the NGO and private sector.
The Law on Social Welfare provides mechanisms for extension of assistance to the
poor through greater transfer amounts and social welfare network which includes the most
vulnerable groups of citizens who have had difficulties in the use of social welfare. The Law
also implements strategic objectives related to the reform of social services, regulates rights,
types of services, institutions and service providers, user groups, quality control mechanisms,
establishment and financing competencies. The social welfare reform aims at ensuring
deinstitutionalisation, development of new services and alternative forms of social protection
in the community and inclusion of different participants in the field of provision of services.
The Law has established a system based on pluralism and licensing of service providers and
professional workers.
The Law promotes development of various and introduction of new social services
in the community and involvement as many different participants in the field of service
provision of as possible. Offered solutions support and promote family as the best framework
for the protection of vulnerable groups, and encourage development of foster care, adoption,
day care services in the community, home care and assistance, and other social care services.
In the Law on Social Welfare, Article 40, social care services are divided into the following
groups:
1. Assessment and planning services – assessment of a situation, needs, strengths and risks of
users and other important people in their environment; assessment of guardians, foster parents
and adoptive parents; development of an individual or family plan for service provision and
legal protection measures, and other assessments and plans;
2. Daily services in the community – a day care; home assistance; drop-in shelter and other
services supporting the stay of users in a family and in the immediate environment;
3. Independent living support services – supported housing; personal assistance; training for
independent living, and other types of support necessary for active participation of users in the
society;
4. Counselling and therapy, and social and educational services – services of intensive support
to a family in crisis; counselling and support for parents, foster parents and adoptive parents;
support to a family taking care of their child or adult family member with a disability;
maintenance of family relations and family reunion; counselling and support in cases of
violence; family therapy; mediation; help lines; activation, and other counselling and
educational services and activities;
5. Accommodation services – accommodation in a kinship, foster or other family for the
adults and elderly; accommodation in the home for the elderly; shelter accommodation, and
other types of accommodation.
Services are rendered temporarily, occasionally and/or continuously, in accordance
with the needs and best interests of users. Social services are organised as services for
children, youth and family, and as services for the adults and elderly users.
The competent level of the government, i.e. the competent authority, provides services
within its jurisdiction in accordance with the Law by establishing a social welfare institution,
and also by the public procurement of services. This legal novelty ensures provision of
necessary services, primarily services in the community, as well as required quality of
services through competencies of authorised (licensed) organisations that wish to come
forward as a social service provider.
Users should be allowed to use appropriate services regardless whether they already
use other social welfare rights such as material support (financial social assistance, etc.).
Users may be referred to use one or more services, whereas the referral bodies and others
involved in the selection of an appropriate service for a user are governed by the information
obtained in the (holistic) assessment of their needs, as well as by the efficiency principle.
Neither a risk or deficiency, or behaviour can be a reason to deprive availability of a service
to a user, but to ensure special conditions for communication and personal safety of users, and
to eliminate other barriers related to achievement of complete results envisaged by the
provision of such a service.
From the local self-government is expected to develop local social services and to
initiate a process of defining priority needs of citizens and vulnerable groups, and to mark
services that can meet those needs. A key prerequisite for the development of services that
meet priority needs of citizens in a specific community is development of a local strategic
plan for social welfare development.
The Law on Social Welfare has introduced the quality system which implies defining
basic standards of social care services, application of the standards and implementation of the
system for accreditation of training programs and programs for treatment and licensing of
service providers (organisation-legal entities and professional workers-natural persons)
coming both from the private or civil sector. This means that only licensed service providers
will be able to compete for budget funds used for helping socially vulnerable persons.
The quality system also requires implementation of the system for professional
development by applying the lifelong learning concept – this is because services should be
provided by authorised competent service providers.
Service provider organisations obtain a license (work permit) by the ministry
competent for social welfare, and professional workers obtain their permit from the Chamber
of Social Protection– which was established by the Law on Social Welfare.
Adoption of the Law on Social Welfare made the accreditation process a significant
link in the establishment of the quality system. The bylaw – Rulebook on Accreditation
(which is currently being developed) precisely defines an organisational structure of the
accreditation system, program accreditation standards, as well as actions and procedures
included in the accreditation process. Accreditation of a training program, i.e. service
provision program, in terms of the Law, Article 191, is a procedure in which assessment is
made whether the training program, i.e. service provision program, aimed at professional
workers and expert associates meets determined accreditation standards. Also, the Law
emphasises a proactive role and responsibility of users, particularly persons with a working
ability, and opens a possibility of activation of users.
A novelty in the Law is also implementation of entirely new right for parents who
dedicated to the care of a child with disabilities for which reason they have not been in a
position to work. Consequently, if one of the parents is unemployed and over 15 years takes
care of a child that uses the right to an increased allowance for the assistance and care of
another person when he/she has met the general age requirement according to pension system
regulations, which means 60 years of age for women, or 65 for men, he/she can be granted
with a special allowance in the form of a lifelong monthly cash payment in the amount of a
minimum pension after he/she has met the general age requirement for receiving a pension
according to regulations for the pension and disability insurance, if he/she has not obtained
the right to pension. If the parent exercises the right to a pension after he/she has obtained the
right to special allowance, he/she shall have the right to choose between the pension and the
special compensation.
In terms of this provision of the Law, it has been included in wording of the Law when
it has been already submitted to the National Assembly for adoption in the form of a Proposal.
The group of parents with children with disabilities submitted an initiative to the Social Policy
Committee in the National Assembly, hence, it has been included in the wording of the Law
in the form of an amendment (which was adopted). This illustrates fill participation in the
final adoption of wording of the Law on Social Welfare. In 2012, this right was used by 311
users (which is the total number since the Law has entered into force).
In addition to the Law on Social Welfare, a number of bylaws are being developed,
which are necessary for its full implementation, and a number of them has already been
adopted:
Documents adopted in 2012:
1.
Rulebook on the organisation, norms and standards of operation of the center for
social work: 59/2008, 37/2010, 39/2011 (amended by other Rulebook), 1/2012 (amended by
other Rulebook) Regulation on the network of social welfare institutions: 16/2012
2.
Regulation on earnings and incomes that affect exercising of the right to financial
social assistance: 36/2011
3.
Rulebook on prohibited behaviour of employees in the field of social protection:
8/2012Rulebook on the minimum work during a strike in social welfare institutions founded
by the Republic of Serbia: 2/2012Rulebook on the form and contents of official identification
document of social care inspectors: 1/2012Rulebook on the form and contents of official
identification documents of professional workers in the center for social work:
1/2012Rulebook on professional activities in the field of social care: 1/2012Rulebook on the
settlement of claims based on paid financial social assistance: 58/2011Rulebook on forms in
the procedure of exercising the right to financial social assistance: 39/2011Decision on
nominal amounts of financial social assistance (since determining the right for April 2012):
46/2012Decision on nominal amounts of financial social assistance (since determining the
right for October 2011): 81/2011Decision on nominal amounts of financial social assistance
(since determining the right for April 2011): 28/2011
Adopted documents, as well as documents whose adoption is under way, the process
of their design, testing of a certain number of solutions, and a still ongoing public debate are
of a public, transparent and participative nature. All of the stated documents were (and still
are) for a longer period published at the ministry’s website, and interested experts and the
general public were in a position to enter their comments and suggestions in the form
designed for those purposes. In addition to the above stated, social care users were directly or
indirectly involved in the development of bylaws and other documents related to the Law on
Social Welfare.
In addition to experts (professionals and practitioners), development of the draft
Rulebook on minimum standards for service provision also included a direct involvement of
users who participated in testing of the “Supports Intensity Scale” in several social welfare
institutions for the accommodation of users, and the largest number of users were coming
from the Gerontology Center Belgrade in Belgrade (over 60 users). Also, development of the
Rulebook on Records and Documents of Social Care Providers involved participation of
employees and the young from the institution for accommodation of children and youth, SOS
Children’s Village in Sremska Kamenica.
As staed, the participation procedure refers to the entire program.
2. How is the participatory process structured and managed and what are its desired outcomes?
- Who are the government departments, agencies or actors involved in the design and
facilitation of the process?
- Where dose the consultation(s) take place?
- How is the information on both the programme and the participatory process distributed to the
public, including persons living in poverty? Please specify the mechanisms used for
dissemination.
- What are the procedures employed to allow the public to submit comments, information,
analysis or opinions that it considers relevant to the process?
The stated procedure involves the Ministry of Labour, Employment and Social Policy,
Republic Institute for Social Protection, Government of the Republic of Serbia, Social
Inclusion and Poverty Reduction Team at the Office of the Deputy Prime Minister, and also
Ministry of Health, and National Assembly. For the purposes of better social inclusion, fight
against poverty and protection of human rights and civil liberties, numerous other bodies were
formed at the central and local level: Social and Economic Council, Gender Equality Council,
Office for the Implementation of the Strategy for the Improvement of Roma Status, Gender
Equality Commission and Poverty Reduction Commission at the National Assembly,
Provincial Secretariat for Labour, Employment and Gender Equality, Office for the Inclusion
of Roma of AP Vojvodina, Committee for Gender Equality of the Assembly of AP
Vojvodina, Institute for Gender Equality of AP Vojvodina, and Provincial Ombudsman of AP
Vojvodina.
At the political and operational level (at working meetings, round tables, conferences,
by providing opinions and recommendations, and through other forms of an inter-institutional
cooperation).
Through a public debate, a number of headlines in newspapers, electronic media, and
other media, communication via the website of the Ministry of Labour, Employment and
Social Policy, Republic and Provincial Institute for Social Protection. Please note that
adoption of the Law on Social Welfare sparked a great interest of experts and the general
public, particularly of users of the right to financial support (the Law extended the scope of
users of the right and increased nominal amounts). Also, through the extensive network of
centers for social work (140), as well as of basic social care services in the community (in 174
cities and municipalities in the Republic of Serbia), immediate and potential users of the right
and services, as well as interested citizens, were provided with all the relevant information
about the process, progress, deadlines, and other relevant topics.
As already stated (through the form on the website of the Ministry of Labour,
Employment and Social Policy, by commenting on documents that have already been
published on the website during the public debate, on the Law on Social Welfare, and on
bylaws).
3.
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What measures are taken to ensure that persons living in poverty can participate?
How are the participants identified?
Are participants prepared and supported before the consultation(s)?
Are the potential financial and opportunity costs to the participans taken into account?
What measures are taken to ensure the diversity of the participants, in terms of gender,
ethnicity, age, etc? How is the participation of marginalized groups living in poverty ensured
and supported, for example indigenous peoples, persons with disabilities, or older persons?
As an example of participation of persons living in poverty may also serve their
participation, together with the Social Inclusion and Poverty Reduction Team, in the
implementation of the project “From Words Towards Actions” – exercise of the right and
facilitation of social inclusion of children with intellectual disabilities, whose objective is to
support implementation of the European Declaration on the Health of Children and Young
People with Intellectual Disabilities and their Families – Better Health, Better Lives (adopted
in Bucharest by the European Group of the World Health Organisation in 2010).
It is important to emphasise that the group in charge of developing draft Declaration
included people with intellectual disabilities who worked together with experts in related
fields and members of families of people with intellectual disabilities. The project has been
implemented in 3 countries: Serbia, Bulgaria and Czech Republic.
The aim of the project is to:
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Enable true social inclusion of children and young people with intellectual disabilities and
their families and caregivers;
Demonstrate the inclusion principle of the Declaration by offering a model of good practice of
consultative inclusion of children with intellectual disabilities;
Contribute to understanding and application of the Declaration by countries, as well as to
improve the deinstitutionalisation process through a better support at the local level, using the
Declaration as a framework for operation;
Ensure that countries accept and adapt to challenges of full participation of children with
intellectual disabilities;
Increase understanding and application of international norms for the purposes of providing
better support to children with intellectual disabilities and their families, as well as to help in
understanding the damage caused by putting children in institutions;
The project envisages two main groups of activities:
1. Operation of the Working Group for Defining the National Action Plan for the
Implementation of the Declaration “Better Health, Better Lives” – which is focused on several
levels of cooperation of all participants in the development and implementation of the first
action plan for children with intellectual disabilities. A special emphasis has been placed on
participation of parents of children with intellectual disabilities as they are actively involved
in the operation of the Working Group.
2. Operation of the Group for Children – implementation of the project shall include
establishment of the Group for Children aimed at strengthening inclusion capacities both of
the Group and of its members individually, and towards the end of project activities, the
Group will organise a central promotional event for raising awareness about the need, right
and possibilities of social inclusion of children with intellectual disabilities.
Also, an example of participation of vulnerable groups is the Humana S network – a
network of humanitarian organisation and associations of citizens dealing with issues of the
elderly formed at the initiative of the Red Cross Serbia. Starting in May 2004, 15
organisations signed the cooperation agreement: Red Cross Serbia, Society of Gerontology
Serbia, Caritas, DFSPC Philanthropy, Amity, Viktorija, Lastavica, Elderly Care Association,
National Foundation for Human Aging, University for the Third Age, Circle of Serbian
Sisters, Bread of Life, Pensioners Union, Moka and Rosa. The objective of the network is to:
1.lobby for rights of the elderly in relevant institutions, authorities and the media; 2. jointly
resolves identified problems through coordinated actions, programs and joint projects; 3.
motivate senior people to be active on the social scene in resolving their own problems.
Participation of persons living in poverty in the development of the Law, public
policies and programs has been ensured through recommendations of experts from social care
services and civil society organisations, and a number of them got involved personally on the
basis of importance of a proposal they offered for the improvement of wording of the Law,
i.e. bylaws.
Uses of social care services who participated in the stated processes were separately
and adequately prepared for active participation in the process.
Their participation was secured by means of specific funds, in particular having in
mind their position.
Participants were social care users, both genders, children, youth, adults and senior
users, parents of children with disabilities, and a number of participants were also persons
with disabilities.
4. What are the particular challenges faced, or obstacles that have to be overcome, to ensure
meaningful participation by those living in poverty?
One of important tasks in the process of joining the EU is that Serbia has defined
active participation in the European process of social inclusion. The task implies development
and improvement of policies, institutional framework and methodology for monitoring social
inclusion of individuals and social groups in Serbia. The beginning in the process of
establishment of the institutional framework for development and implementation of social
inclusion policies was marked by the Social Inclusion and Poverty Reduction Team in the
Office of the Deputy Prime Minister for European Integrations which was established by the
Government of Serbia in July 2009. In early 2010, the Government formed the Working
Group for Social Inclusion. The Working Group gathered representatives of government
institutions having key responsibilities in defining, implementation and monitoring of social
inclusion policies. In addition, the Working Group for Social Inclusion cooperates and
consults with organisations and individuals dealing with issues of social inclusion outside the
Government, and thus represents an important forum for the improvement of the dialogue
between governmental and nongovernmental stakeholders. It is expected that by the end of
2012 the Republic of Serbia will establish a social inclusion monitoring system, draft the
Memorandum on Social Inclusion, strengthen and develop capacities of state administration
for the application and reporting during social inclusion, and establish a sustainable unit
which will coordinate application of measures and reporting on the progress of social
inclusion in Serbia. One of the first steps towards implementation of the concept and system
for the monitoring of social inclusion in Serbia was development of a report: Monitoring
Social Inclusion in Serbia. The most important objective of the report is to identify key
dimensions of social exclusion of citizens, detect and suggest clusters of indicators to be used
for monitoring the level of inclusion of individual groups in relevant aspects, as well as to
point to existing sources of information about given indicators, or to recommend their
implementation in regular statistic collection of data, or appropriate research. Based on the
qualitative analysis of data obtained from the most vulnerable categories of citizens, and on
the basis of a wide consultation process with the expert community, a proposal for national
indicators of social exclusion was defined. Apart from additional indicators that are important
to be monitored at the national level within the dimensions of financial poverty, employment,
education and health, the proposal also includes two new dimensions of social inclusion
important to be monitored in the following period and those are: social participation and
deprivation of basic needs.
5. What is the impact (actual or envisaged) of the participatory process on the design or
implementation of the legislation/policy/programme?
- What follow-up is undertaken after the process with the participants, if any? Are the outcomes
of the process shared with the participants?
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How are the results documented and how are they used?
Media campaigns, specialised programs, publications, brochures, newspaper articles
and a living word are used for passing information to people (particularly to those people who
live relatively isolated – alone in their households, or in remote rural areas) about their rights
and about methods of obtaining them in the field of social care, health care, pension and
disability insurance, and in other fields, with an aim to prevent any form of discrimination;
enrichment of educational programs with contents that will educate youth about particularities
of their position, about resources for persons in marginalised groups and about their specific
needs; ensuring participation in decision making through participation in a decision process in
relevant authorities and bodies; promoting and encouraging self-organisation of persons with
an aim to promote different forms of self-help and self-protection.
Results of the process are documented and implemented in the development of
policies which are used for improving accessibility of services, their quality, and more
efficient quality control.
6. What are the lessons learnt from the process? What additional changes would have been
necessary to ease the constraints on the participation of persons living in poverty?
Through learned lessons, and with some improvements and modifications leading to
even greater participation of users, it is necessary that such a model is further implemented in
future programs and policies.
Focal point responsible for coordination the response to the questionnaire:
Mrs. Snezana Trkulja, Advisor in the Sector for promotion and protection of human rights in
the Office for Human and Minority Rights of the Government of the Republic of Serbia
Phone: +381 11 311 24 05,
Mobile: +381 63 407 328,
e-mail: snezana.trkulja@ljudskaprava.gov.rs