Koen Slootmaeckers
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Anti-discrimination policies
From the margins to differentiated politicisations
in Coming in
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This first empirical chapter presents the adoption process and the implementation of the Serbian anti-discrimination legal framework between 2001 and 2015. It provides an overview of how Serbia’s rapprochement with international society and its European integration process has led to the adoption of different legislation prohibiting discrimination and hate crimes. It is argued that there were three distinct phases in the adoption of the anti-discrimination framework in Serbia, each with particular configurations of domestic and international politics, and it has been these configurations that have been an important explanation for the observed outcomes-in-process. The first phase (2001–05) is characterised by Serbia’s initial democratisation and limited political attention to anti-discrimination principles. The second phase (2005–09) sees the politicisation of LGBT issues, as well as the adoption of the anti-discrimination law following a pro-European political shift. The final phase is characterised by the continued expansion of the anti-discrimination framework as tactical Europeanisation. Overall, the chapter demonstrates the importance of a non-EU centric approach to the analysis of the Europeanisation of the anti-discrimination policies with regard to LGBT rights. It is argued that the different phases in the process and the respective outcomes-in-process are the results of the changing relations between the different actors in the transnational policy field as well as the intertwining of different policy fields. Highlighting the centrality of the agency of domestic actors, the chapter also argues that conditionality is better conceived of as a facilitator rather than a driver of change.

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Sexual politics and EU accession in Serbia


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