E/C.12/SRB/CO/2
Collection and processing of data
7.
The Committee is concerned about the lack of systematic collection and processing
of disaggregated data which would allow for an accurate assessment of the fulfilment of
economic, social and cultural rights in the State party.
The Committee recommends that the State party:
(a)
Set up a system to collect statistical data on the major factors affecting
the implementation of the economic, social and cultural rights set forth in the
Covenant, duly disaggregated by year, sex, age, urban/rural population, ethnic origin,
disadvantaged and marginalized groups and other relevant criteria, and include such
statistical data in its next periodic report;
(b)
Undertake regular and systematic assessments, against a clear set of
indicators, of the level of enjoyment of all economic, social and cultural rights by
various segments of the population, taking into account the conceptual and
methodological framework for human rights indicators that was developed by the
Office of the United Nations High Commissioner for Human Rights;
(c)
Apply human rights indicators, in particular for economic, social and
cultural rights, as part of its national development and integration strategies.
Protector of citizens
8.
The Committee notes with concern the lack of a legal mandate for the Protector of
Citizens (Ombudsman) to interact with the international human rights system and civil
society organizations, the lack of sufficient financial and human resources available to the
Ombudsman’s Office, and the limited follow-up by the State party to the views and
recommendations of the Ombudsman.
The Committee recommends that the State party:
(a)
Amend the Law on the Ombudsman in order to provide for the
interaction of the Ombudsman with the international human rights system and civil
society organizations;
(b)
Provide the Ombudsman’s Office with sufficient financial and human
resources for the effective implementation of its mandate, in compliance with the
principles relating to the status of national institutions for the promotion and
protection of human rights (the Paris Principles);
(c)
Take into account the views and opinions expressed by the Ombudsman
when adopting legislation or formulating policies and programmes, particularly in the
area of economic, social and cultural rights.
Judiciary
9.
While noting the recent judicial reforms, the Committee is concerned that the
administration of justice is still ineffective, in particular in the context of employmentrelated claims against companies that were privatized, as evidenced by the excessive length
of judicial proceedings, lack of remedy and non-enforcement of judgements under the
domestic law.
The Committee recommends that the State party take the necessary legal, policy and
other measures to ensure the effective and independent functioning of the judiciary as
a means of safeguarding the enjoyment of human rights, including economic, social
and cultural rights.
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