INDEPENDENT BODIES &

DISCRIMINATION AGAINST LGBT PEOPLE

PROFESSOR ZORICA MRSEVIC

IN SPITE OF THEIR WISH TO IMPROVE HUMAN RIGHTS OF

THE LGBT PERSONSINDEPENDENT BODIES

FACE WITH EXTERNAL AND

INTERNAL OBSTACLES

EXTERNAL OBSTACLESWEAK GENERAL POSITION OF THESE

BODIESDIMINISHING ATTITUDES OF THE TOP

RANKED POLITICIANSNEGATIVE SOCIAL ENVIRONMENT

REGARDING LGBT RIGHTSRELATIONSHIP WITH LGBT AND

WOMEN’S MOVEMENTS: lack of interestMEDIA CONTROLED BY THE

POWERFULL POLITICAL ACTORS AND CENTRES

EU INTEGRATION

1. GENERAL POSITION OF THESE BODIES

For “WIDOWS” LACK OF REAL POLITICAL

SUPPORTUNCLEAR MANDATES who does

what:Ministry- Commissioner –

Ombudsman LACK OF ADEQUATE LOGISTICS

OPENLY EXPRESSED EXPECTATION TO STAY AWAY

2. DIMINISHING ATTITUDES

TOP RANKED STATE OFFICIALS PUBLICLY EXPRESS THEIR NEGATIVE,

DIMINISHING ATTITUDES ON INDEPENDENT BODIES:

Example: instead to respect recommendation to stop discrimination, a party leader said:

“SHE SHOULD MIND HER BUSINESS INSTEAD TO MIX INTO MINE”

3. RELATIONSHIP WITH LGBT AND WOMEN’S MOVEMENTS: READINESS FOR COOPERATION WHEN

INVITED BUT WITHOUT OWN INITIATIVES

LACK OF SUPPORTLACK OF UNDERSTANDING

LACK OF INTERES

4. GENERAL SOCIAL ENVIRONMENT REGARDING

LGBT RIGHTSVERY NEGATIVE, LACK OF POPULARITY

OPEN HOSTILITYCONFRONTATION

THREATENS WITH VIOLENCEPERCEPTION AS BEING AGAINST

NATIONAL INTRESTS

5. MEDIA ATTACKS TO INDEPENDENT INSTITUTIONS

ORCHESTRATED WITH POLITICAL CONFRONATIONS

DISAPEARANCE OF THE WHOLE INSTITUTION FROM

MEDIA DURING CONFRONTATION WITH

AUTHORITIES

WHAT IS TO BE PUBLISHED AND WHEN IS VERY CAREFULLY MEASURED

A powerful director of one main TV house after an ombudsman criticized authorities in an

interview:“FUNNY, IT SEEMS THAT THE TYPE WRONGLY

BELIEVED HE MIGHT BE SOMETHING AS INDEPENDENT OMBUDSMAN AND THE STUPID

WOMAN JOURNALIST BELIEVED IN FREEDOM OF MEDIA”

6. EU INTEGRATION – confronted opinions

LGBT RIGHTS IS NOT THE EU ISSUE AT ALL

LGBT RIGHTS IS SOMETHING WHAT IN FACT THE EU IMPOSES

RESISTANCE: IF “THIS” IS CONDITION FOR THE EU, WE

DON’T WANT TO ENTER THE EULACK OF VISIBLE DOUBTLESS

SUPPORT BY THE EU STRUCTURES AND THE EU

MEMBER STATES

INTERNAL RESISTANCE

COLLEAGUES AND STAFF RELUCTANT REGARDING

THE LGBT RIGHTS

LACK OF UNDERSTANDINGDIFFICULTIES TO ORGANISE

EDUCATIONS AND TRAININGS ON “THESE” TOPICS

RIVARLYDENIAL OF IMPORTANCE

LACK OF COLLEGIAL SUPPORTNARROW INTERPRETATION OF

MANDATE AS STRICT WAITING THE CITIZEN’S PETTITIONS TO ACT

COUNCIL OF EUROPENOT ADEQUATELLY USED ITS

POSSIBILITIES TO HAVE IMPACTJUDGMENTS OF THE ECHR RELEVANT FOR THE LGBT RIGHTS ARE NOT TRANSLATED

AND MOSTLY NOT KNOWNHEADS OF INDEPEDENT INSTITUTIONS

ARE TRUSTED BY THE COE WHEN PRESENTING THEMSELVES AS BEING

COMMITTED TO THE LGBT RIGHTS BY WORDS ONLY

LEGAL OPTIMISM:

THE MOST IMPORTANT IS TO ADOPT NEW LAWS

INSTITUTIONALOPTIMISM:

NOW WHEN WE HAVE

INDEPENDENT INSTITUTIONS,

LGBT RIGHTS ARE WELL PROTECTED

FINALLY:THE PERSONS WHO HEAD THE

INDEPENDENT INSTITUTION

SOME OF THEM:

DOES NOT WANT THE WHOLE INSTITUTION TO BE IDENTIFIED

WITH “THIS” ISSUE

FEAR OF NOT BE EFFECTIVE IN OTHER PEOPLE CASES IF

PERCEIVED AS KEEPING THE LGBT SIDE

BUT ALSO:

PAYS MOST ATTENTION TO OWN POPULARITY

AND OWN RE-ELECTIONAVOIDS “UNPOPULAR”

ISSUES

PRIORITIESHOW TO BE IN GOOD

RELATION WITH POWERFULL CIRCLES AND

PERSONALITIES &

HOW TO IMPROVE OWN PUBLIC IMAGE

INSTEAD OF READINESS TO DEAL WITH “THESE” ISSUE

TOO BIG & UNREALISTIC EXPECTATION MIGHT LEAD

TO DISAPPOINTMENT

IMPOSSIBLITY TO BE EFFECTIVE LEADS TO

RESIGNTATION

WHAT CAN BE DONEWHO CONTROLS THE CONTROLLERS:

IF NOBODY, AS IT IS THE SITUATION NOW,

THE LGBT PERSONS AS WELL AS ALL OTHER “UNPOPULAR” MINORITIES WILL NOT GET PROPER PROTECTION OF THEIR RIGHTS BY THE INDEPENDENT BODIES

MONITORING PROJECTS

LEAD BY THE LGBT NGOs AND EXPERTS

ON ACTIVITIES OF THE INDEPENDET INSTITUTIONS IN PROTECTION & IMPREVEMENT THE LGBT RIGHTS

OPINION OF THE LGBT PEOPLE:WHAT THE INDEPENDENET

INSTITUTIONS DO FOR YOU AND YOUR RIGHTS

DO YOU HAVE TRUST IN THEM DO YOU KNOW WHAT IS THEIR MANDATE

AND HOW TO ADDRRESS TO THEMIN WHAT SITUATION CAN YOU EXPECT

THE INDEPENDENT BODIES TO INTERVENE FOR THE LGNT RIGHTS

….