Лична имена припадника националних мањина и њихово службено признавање
The Names of Persons Belonging to National Minorities and Their Official Recognition

Summary/Abstract: This paper deals with the regulation of the use and official recognition of names of persons belonging to national minorities in the minority languages in international and Serbian law. The official recognition of names in the minority languages could be faced with three types of challenges that require legal interpretation and resolution: the way in which the name from a minority language and script should be transcribed in the language and script which is officially used, the possibility of dual use of the name and the feasibility of changing the name and the legal legitimacy of such a request, in cases in which such names have been forcibly changed. The laws and state practices, the attitudes of international bodies, the theoretical interpretations and the perception of the European Court of Human Rights in connection with the above issues are different. The Republic of Serbia has opted for the model of dual use of names which allows the official recognition of the names in minority languages. On the other hand, the legal provisions on the right to change the name and practice of its implementation do not prevent the abuse of this right. The concept of minority self-rule which is exercised by minority national councils, among others, in the field of the official usage of the language and script also implies the question whether it could be possible, by reference to the minority languages rules as determined by the national council, to require a change of all national minority member names that end with Slavic suffixes “ić” and “vić”, as it was in the case at hand. The conclusion is that such attempts would not be allowed in terms of human rights.

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