Antidiskriminaciono zakonodavstvo kao novum u pravnom sistemu u kontekstu pravne države i vladavine prava. Uloga poslanika u reiranju sadržaja zakona
The Anti-discrimination Legislation as a Novelty in the Legal Order in the Context of Rechsstaat and the Rule of Law. The Role of the MPs in Creating the Law

Author(s): Marijana Pajvančić
Subject(s): Gender Studies, Human Rights and Humanitarian Law, Social differentiation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Rule of law;Equality;Legislative procedure;Gender equality Act;Member of Parliament;
Summary/Abstract: This article deals with the procedure of adopting the Gender Equality Law that forms a part of the equality legislation, and that is a novelty in the Serbian legal order. Although even before this Law was adopted, there were laws that regulated prohibition of discrimination (such as the Law on Prohibition of Discrimination against Persons with Disabilities) or laws that regulated special rights and special measures with the aim to achieve equal opportunities in human rights (such as the Law on the Protection of Rights and Freedoms of National Minorities), until the Gender Equality Law was adopted, the right on the gender equality and the prohibition of discrimination on grounds of sex were not fully and comprehensively regu-lated in one legal act.This article focuses on the procedure of adopting the Gender Equality Law and the impact the members of the Serbian Parliament had on the content of its legal norms. The reasons for such an analysis are threefold. The Gender Equality Law is a new piece of legislation, not only in Serbia but also in the whole region. It prescribes the human rights standards, and concretizes general constitutional guarantees on equality and as such it is a significant step in establishing democracy and the rule of law. Further-more, the preparation of this law has caused wide public debate, and in the adoption procedure numerous modifications were proposed.

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