Recommendations
34. Based on this submission, the co-submitting organisations propose the following recommendations:
I.
Carry out necessary measures, including legislative amendments, to ensure that all children born
in Serbia have access to timely birth registration immediately after birth without discrimination
and regardless of the legal or documentation status of their parents.
II.
Ensure the correct interpretation and implementation of Article 13 of the Law on Citizenship
(regulating the right to Serbian citizenship on the basis of the jus soli principle) in line with the
1961 Convention on the Reduction of Statelessness and the Convention on the Rights of the Child.
Specifically, ensure that young people aged between 18-21 years who would otherwise be
stateless, can access their right to acquire Serbian citizenship.
III. Facilitate timely and inexpensive access to the determination of paternity for children whose
mothers are undocumented, stateless, or whose place of residence is unknown. If neither the
mother nor the child can consent to the acknowledgement of paternity, the child’s appointed
guardian should provide consent.
IV. Reconstruct destroyed, missing or unavailable registries and alleviate the unreasonably strict
standards regarding the evidence required for re-registration in citizenship registries.
V.
Collect reliable, disaggregated data on stateless persons and persons at risk of statelessness in
Serbia and make this data publicly available.
VI. Introduce a fair and effective statelessness determination procedure in line with international
standards, and ensure that it is accessible to all persons in Serbia regardless of their legal status.
VII. Ensure that stateless persons are protected from arbitrary detention in Serbia, including by
improving the identification of statelessness during decisions to detain, ongoing reviews of
detention, and vulnerability assessments.
VIII. Consider amending the new Draft Law on Foreigners to ensure that it contains robust mechanisms
to protect against the arbitrary detention of stateless persons and those at risk of statelessness in
line with international legal standards.
11