The Pro Natal Family Policy from Legal Instruments in Serbia

The Pro Natal Family Policy from Legal Instruments in Serbia Presented by: Prof. Dr. Gordana Date: 8 October 2023 Demographic data - The 2022 Census of population: total number of inhabitants in Serbia is 6 647 003. - No change in the share of people under the age of 15 in the total population - 14.3% (2011), versus 14.4% (2022). - Noticeable decrease in the share of people aged 15-64 - from 68.3% (2011) to 63.5% (2022) - Share of people aged 65 and over increased from 17.4% (2011) to 22.1% (2022). Birth rate, Mortality rate, Natural increase - - - Birth rate % • 2002: 10.4 • 2022: 9.4 Mortality rate % • 2002: 13.2 • 2022: 16.4 (Covid?) Natural increase % • 2002: -3.3 • 2022:-7.0 Parental allowance - Law on financial support for family with children 2017. Art. 23 • For the first child is 300.000 din as a lump sum • For the second child is 240.000 dinars paid in 24 monthly payments • For the third child is 1.440.000 dinars paid in 120 monthly payments • For the forth child is 2.160.000 dinars paid in 120 monthly payments • 87 billion dinars on the year basis for the support for child birth to the parents Child allowance - Law on financial support for family with children 2017. (Art. 26 -33). - The right to child allowance depends on the financial situation of the family. Work allowances - Law on labor 2005. • Maternity leave three months  Leave for the child care for additional nine months  Maternity leave is the leave available for the mothers mostly, the  father can take it only if mother is not able to care for the child  Leave for the child care is available for mothers or fathers in the same way • It is possible to share leave between parents - In 2022: 373 fathers used leave for the child care - Law on labor stimulates birth of third and forth child as maternity leave and the leave for the child care last for two years. Payment for purchase family house - Payment for purchase or building family house or apartment on the ground of birth of a child (2021 the Law on financial support for family with children) For 2023 the maximum amount is 20 000 EU counter value in dinars. - Condition: acquiring a family-residential building or an apartment in the territory of Serbia for the first time. - Cannot be sold within a period of five years from the purchase, or construction, without the consent of the guardianship body competent to protect the rights and interests of children Reimbursement of value added tax - Reimbursement of value added - tax for purchase of the family home - If purchases his/hers first dwelling - For the dwelling of 40m2 for one person and to additional 15m2 - for every member of his/hers household, if the member of the household is not the owner of another dwelling. Family home - The Serbian Family Act 2005 has regulated for the first time the right to reside (habitatio) (Art 194). - In favor of a minor child and a parent who exercises the parental right. - Conditions: • They do not possess a vacant apartment Such a decision would not constitute an clear injustice for the parent who is the owner of the apartment - Until maturity of a child - The reason for drafting such a provision is an obligation to provide the child with such a protection and care, which is necessary for his or her welfare "Clear injustice" - The Supreme Court of Serbia reviewed a decision of the lower court according to which it would be unjust to the defendant to constitute the right to reside in favor of his minor child, and reversed the decision as wrongful. Rev. - 1594/06 - The fact that the apartment was a gift to the defendant from his mother does not constitute ground for the implementation the legal standard "clear injustice". - Legal standard "clear injustice" do not concerns how ownership right is constituted, but rather concerns if the entire situation of the defendant. - This would concern his health, social status, or other circumstances which he could not improve by his own actions. - The fact that the defendant was psychologist with a full time job, and other circumstances in this case did not indicate the existence of the clear injustice to the defendant Biomedical assisted fertilization - The procedures of the Law on biomedical assisted fertilization are more available from 2020 • the procedures for the stimulation are free of charge limitless, and three embryo transfers for the woman until reaches 43 years of age are free of charge Conclusion - Most of the measures are on financial ground, helpful for young people wanting to create family. - What final effect of these measure would be? - Are they stimulating enough for couples to decide to have more children? - Or overall social, economic and political circumstances prevail in the decision making on child birth