Non-discrimination in the draft of the Serbian Civil Code

Abstract

The draft of the Serbian Civil Code facilitates the combat against discrimination in several ways. It enables the impact of non-discrimination norms in the civil law relations according to each of three theoretical models of appllication od human rights in private law: direct, indirect and judicial. Depending on the level of concretization, the non-discrimination in the draft is of a triple character: (1) a public interest that is expressed through wide civil-law concepts drafted, (2) a principle of interpretation and (3) the individual civil right of personality, correlated with the obligation erga omnes to abstain from the violation of that right. However, the last and the least disputable notion of non-discrimination as a comprehensive civil obligation cannot be clearly recognized in any interpretation of its text. For the sake of efficiency of the combat against discrimination, it is proposed to expressly postulate a comprehensive civil obligation not to discriminate against, which must not jeopardize the privacy of human being and prevailng public or private interest.

Keywords

• non-discrimination
• interest
• principle
• right of personality
• obligation