DISCRIMINATION AND MOBBING ISSUES IN LEGAL THEORY AND PRACTICE OF THE REPUBLIC OF SERBIA

Phenomenon of discrimination and mobbing undoubtedly constitute a denial of guaranteed human rights and fundamental freedoms, generally accepted principles of personal dignity at work, and the rule of law upon which every democratically oriented society is based. In order to provide a more effective means of comprehensive protection of employed persons, and above all their mental and moral integrity, Serbian legal system was in the past decade, among other measures, complemented by two separate laws, namely the Law on Prohibition of Discrimination and Law of Prevention of Mobbing. The adopted legal terms "discrimination" and "mobbing" are clearly defined and delimited. However, as a particular problem in both legal theory and jurisprudence, the relationship between these terms is still insufficiently clearly defined. One possible reason for this lies in numerous similarities and frequent overlapping in practice. This paper analyzes similarities and differences between discrimination and mobbing and the current situation in this field in the Republic of Serbia, characterized by a confusion in the application of law, as well as inconsistent courtroom practice. Even though discrimination and mobbing are two different phenomena brought about by different motives, and addressed by specific legislation, some experts still incorrectly assume that discrimination is a mode of execution of mobbing, and that mobbing is a form of discrimination, which, in addition to hindering the application of law, further aggravates the position of the victim seeking protection of their rights in court or through another legally defined procedure.