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Osvrt na Zakon o liječenju neplodnosti biomedicinski potpomognutom oplodnjom Federacije Bosne i Hercegovine

Author(s): Maja Čolaković,Marko Bevanda / Language(s): Serbian Publication Year: 0

Medically assisted fertilization has been a topic of great interest during the last decades both from the medical and the legal point of view, largely owing to the great successes in the field of reproductive medicine. An at- tempt to legally standardize it in certain countries provokes a heated debate within the wider public, since it does not only affect the interests of individuals but also the interests of the entire community.Until recently, in Bosnia and Herzegovina, there was no special regulation on medically assisted fertilization, but it was treated only within family laws in both Entities and the Brčko District of Bosnia and Herzegovina, in provisions regulating the issue of parenting of a child conceived by medically assisted fertilization. Apart from this, at the entity and Brčko District level, respectively the cantons in the Federation of Bosnia and Herzegovina, the issue of financing the costs of the procedures of medically assisted fertilization has been regulated in a sporadic and mutually incompatible manner, which places patients in Bosnia and Herzegovina who wish to undergo these procedures in an unequal position. In June 2018, the Parliament of the Federation of Bosnia and Herzegovina adopted the Law on the Treatment of Infertility with Biomedically Assisted Fertilization, thus ending the multi-year process of adopting this extremely important piece of legislation in the field of healthcare and bringing Bosnia and Herzegovina closer to the countries in the region that have regulated this issue in its entirety.The provisions of the above Law are presented and analyzed in this pa- per. In addition, a comparative review with the provisions of the same laws of the countries of the region (Serbia, Croatia, Slovenia, Macedonia and Montenegro) and the European Union regulations in this area is presented to determine the advantages and disadvantages of the newly adopted legal solutions and determine the degree of its compatibility with the acquis of the European Union.

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Reforma Uredbe Bruxelles IIa

Author(s): Anita Duraković / Language(s): Serbian Publication Year: 0

The Brussels IIa Regulation, which came into force on 1 March 2005, established uniform rules on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and cases related to parental responsibility in international situations. In accordance with Art. 65. of the Regulation on 15 April 2014 the European Commission submitted a Report stating that the Brussels IIa Regulation is a well-functioning instrument, which implementation has shown certain shortcomings that needed to be eliminated. Therefore, on 30 June 2016, the European Commission presented the Proposal for the Reform of the Brussels II Regulation, which stated that cases related to parental responsibility caused certain problems and needed to be addressed urgently, whereas cases related to matrimonial matters show only a small number of problems and pledges to maintain the status quo situation. The paper will discuss the proposed new regulation – six major shortcomings in cases related to parental responsibility have been pointed out. Besides that, the need for certain changes in matrimonial matters as well as in relation to the scope of application of the Brussels IIa Regulation will be point out. We intend to inform the public with the legislative activities of the European Union, both already adopted and proposed legal instruments, considering the obligation of Bosnia and Herzegovina to harmonize existing legislation with those in the European Union under the Stabilization and Association Agreement.

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Стицање без основа

Author(s): Milica Panić / Language(s): Serbian Publication Year: 0

In this paper we discuss some general questions relating to the unjust enrichment for which different terms are used in theory, such as: ungrounded enrichment, legal ungrounded enrichment, acquisition without legal basis, unjustified enrichment. According to Art. 210 of the Law on Obligations, the unjust enrichment means the transfer of some part of the property of a per- son in any way into the property of another person, while this transition has no legal basis in any legal transaction or law. In this case, the acquirer will be obliged to return it, and when it is not possible, he/she will be obliged to compensate for the value of the achieved benefits.We analyze the solutions from the draft of the Civil Code of Serbia, the Draft Law on Obligations of the Federation of Bosnia and Herzegovina/ Republika Srpska, as well as the solutions from the Law on Obligations of the former Yugoslav Republics. We pay special attention to the solutions of the court practice.

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Способност уговарања код уговора о поклону

Author(s): Tijana Baćović / Language(s): Serbian Publication Year: 0

The gift contract is characterized by a number of specifics that set it apart not only from other charity contracts but also from all other contractual obligations. These specifics are also evident when it comes to the conditions for its conclusion. When it comes to the ability of the contracting parties, this contract is subject to special rules, since this contract cannot be subject to the regime of other contractual obligations in terms of the ability of the recipient. The ability of the parties to the gift contract is not uniformly regulated. In this paper, a number of questions will be raised regarding the ability to conclude a gift contract. The positive-law method will be applied in order to investigate in detail the legal solutions in national legislation,while the comparative method will identify similarities and differences in the regulation of the same problem in different lega systems.

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Кажњавање само на основу закона (из члана 7 Европске конвенције за заштиту људских права и основних слобода) у пракси Европског суда за људска права и Уставног суда Босне и Херцеговине

Author(s): Miodrag N. Simović,Marina M. Simović / Language(s): Serbian Publication Year: 0

Guarantees set out in Article 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which is an essential element of the rule of law, has a prominent place in the system of protection under this Convention, as emphasized by the fact that it cannot be derogated under Article 15, not even in war times or other public extraordinary situations endangering the life of the nation. It should be interpreted and applied, as follows from its aim and purpose, in a way to provide efficient protection mechanisms against arbitrary prosecution, convictions and punishment.Article 7 of the Convention is not limited to prohibition of retroactive application of criminal law to the detriment of the accused. Generally ob- served, it also includes the principle that only the law may define a criminal offense and prescribe a punishment (nullum crimen, nulla poena sine lege). Even though it prohibits widening of the scope of existing criminal offenses to behaviors that have not been criminal offences before, it also prescribes a principle that criminal law should not be interpreted in a wide sense to the detriment of the accused, for example by analogy. It follows that criminal offenses and relevant punishments have to be defined clearly in the law. This requirement is fulfilled when an individual, from the formulation of relevant provision, and if necessary with interpretation of the court and after obtaining an appropriate legal advice, may know which actions or non-actions shall make him criminally liable and which punishment may be imposed on him for that. Therefore, the court has to confirm that, at a time the accused person had committed the actions that led to his prosecution and conviction – legal provisions declaring that action punishable and that the punishment imposed did not exceed the boundary determined under that provision, were in force.

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Who is a Dreamer? Young Migrant’s Checkpoints, Mental Maps, and Communities of reference in North-America

Author(s): Ana Vila Freyer / Language(s): English Publication Year: 0

What meaning do young migrants give to the “Dreamer” concept when they do or don’t define themselves as such? The visualisation of young undocumented migrants is reflective of the growing literature on the subject that aims to explain the different ways in which their immigration status has affected their integration in the United States. Throughout the entire 21st century, authors have emphasised the effects of an undocumented immigration situation, its permanent temporality -liminal legality- as a form of legal violence that affects the daily life of children and young people during their transition to adult life (Menjívar, 2006; Gonzales & Chavez, 2012; Gonzales, Ellis, RendonGarcia, & Brant, 2018; Anderson, 2014) it also shows how policy decisions impact the transition of young people from childhood, adolescence and the learning process entailed during their transition to illegality (Gonzales & Chavez, 2012). The works stand out for focusing on the way that political decisions affect the subjective experiences, the quality of life of young migrants and their definition, from power, in their capacities as good or bad migrants (Barbero, 2019).

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Dreams of Transnational Social Protection: Youth Returnees in Mexico

Author(s): Victoria Tse / Language(s): English Publication Year: 0

This chapter seeks to broaden existing discussions on social protection and migration with the inclusion of return migration, looking at youth returnees in Mexico in particular. The research asks what formal social protections are provided to youth returnees in the case of Mexico by the Mexican federal government. If no such provisions are made, how do these youth returnees create and piece together their own forms of social protections, and what do their social protection environments look like as they seek to realize their futures back in Mexico? With over 258 million migrants worldwide (United Nations, 2017), many of whom fall outside the purview of formal social protection institutions, there has been an increased interest in how migration impacts social protection and vulnerabilities.

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Young migrants’ experiences with voluntary legal guardians in Palermo, Sicily

Author(s): Francesca Viola / Language(s): English Publication Year: 0

According to the Italian Ministry of Labour and Social Policies, as of June 2018, in Italy there were 13,1511 Unaccompanied and Separated Children (UASC) outside their country of origin2; 92.5% of which were males and 99.2% between the ages of 14-17 (Ministero del Lavoro e delle Politiche Sociali, 2018). At the time, the highest concentration of UASC (more than 40%) resided in Sicily (ibid.); research about UASC in this region is, therefore, particularly relevant.

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Relational Proximity, Boundary-Making and (Im)Mobility: Migrant Children’s Narratives of The Streets in Ashua and Rabat, Morocco

Author(s): Chiara Massaroni / Language(s): English Publication Year: 0

Children spend most of their time in three mainly institutionalised settings: school, home and recreational institutions (Rasmussen, 2004). In the Majority World,1 they also often spend a substantial amount of time supporting the family through work, often outside these three areas, such as in the fields. In both the Majority and Minority Worlds, the street is a fourth – or fifth – place that children occupy, either on their journey from home to one of these institutionalised settings, or as a play space in itself.

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Unaccompanied Minor Refugees’ Vulnerabilities in Sweden: Testimonials from a Voluntary Support Network

Author(s): Amber Horning,Sara Jordenö,Tanja Dejanova / Language(s): English Publication Year: 0

The Vocational and Voluntary Network #VISTÅRINTEUT (Eng. “We Can’t Stand It”, abbreviated: VSIU) was founded in September 2016 by a teacher, two social workers, and an educator. Using Facebook as a way to connect across Sweden, the VSIU network includes nearly 11,000 professionals and individuals who meet and support UMRs. The VSIU network includes teachers, social workers, physicians, psychologists, guardians, welfare officers, counselors, school nurses, and others who came in contact with UMRs at their places of work or in their communities. The VSIU network works to support UMRs in Sweden by organizing protests in connection to deportations, by helping to appeal asylum cases and providing support in the process, by alerting media and the UN to the injustices in the asylum processes and documenting how Swedish society is denying UMR’s their fundamental human rights. Most of all, they voluntarily provide housing and emotional support to UMRs. The VSIU network took on the role of the State that, in many cases, stopped providing support for UMRs when Sweden deemed that they were 18 or denied their asylum cases.

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“I’m in a grey zone”: A Narrative Analysis of Return Migration and Ethnic Identity in Mexico

Author(s): Irasema Mora Pablo / Language(s): English Publication Year: 0

The complex socio-political relationship between Mexico and the United States has created for years the constant migration of Mexicans looking for the “American dream”. The present study initially started as an exploration of the lives of university students who were studying a BA in English language teaching (TESOL) and were trying to adapt to the Mexican educational system after living in the United States for many years. The theme of identity construction was at the core of the study, however, as more was revealed from their stories, other issues emerged from the data, such as ethnic identity, their experiences as transnationals, moving back and forth between Mexico and the United States, and how these experiences encouraged them to pursue a career in English language teaching. The data used for this chapter is part of a larger study of return migration and their incorporation into the Mexican educational system at the university level. This research seeks to explore the process of identity construction of students of a BA in TESOL in central Mexico who have had part of their schooling in the United States and have returned to Mexico. In order to do this, it is important to know more about the transnational experience of these students, how they interpret their past and current experiences and how they construct their future professional identity. Concepts such as transnationalism, return migration and ethnic identity will be defined. Then, the methodology that guided this study will be presented, followed by the discussion of results. Finally, conclusions will be provided, as well as comments and implications of this research.

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Integration of the American youth into the Mexican labour market

Author(s): Liliana Meza González,Pedro Paulo Orraca Romano / Language(s): English Publication Year: 0

According to data from 2015 Intercensal Survey, carried out by the Mexican National Institute of Statistics and Geography (INEGI), the total number of people born abroad in Mexico is slightly more than 1 million. The most important contingent of foreigners in Mexico is of American origin, which according to INEGI totals 740,000 people. Of the total number of Americans, those between 15 and 29 years old total 154,400, and represent 21% of the total number of Americans. To put this figure into perspective, it is enough to say that Guatemalans with a population of 42,800 in 2015 was the second largest contingent of foreigners in Mexico. This indicates that young Americans represent almost four times the total number of Guatemalans in the country.

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The Nexus Between the Migratory and Academic Experiences of Youth: The Case of Transnational Students in Guanajuato, Mexico

Author(s): Omar Serna Gutiérrez / Language(s): English Publication Year: 0

The aim of this qualitative study is to present the academic and migratory experiences of four transnational high school students in the state of Guanajuato, Mexico and to align such findings with a view of transnationalism that takes into consideration deterritorialized knowledge acquired through migratory experiences. From these experiences, all transnationals acquire – to different degrees – transnational funds of knowledge and a different type of imagination which allows them to envision themselves as members of other communities. To understand the transnational experience, one must consider research into the phenomenon and into the biographies of such students as seen in the discussion of the data.

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‘I am proud as a Polish woman, but I would like to change my ‘nacionalidad’ – a case study of acculturation gap between Polish teenager living in Spain and her mother

Author(s): Paulina Szydłowska,Marisol Navas,Weronika Kałwak,Halina Grzymała Moszczyńska / Language(s): English Publication Year: 0

The group of Polish immigrants in Spain is relatively small – around 52.000 Polish people are living in Spain, including about 9.000 children and adolescents (INE, 2018). According to The Centre for the Development of Polish Education Abroad (2019) there are 24 Polish Saturday schools, where Polish children learn the language and study Polish culture during their school-free time. Polish masses are provided by some churches, as well as there are Polish associations (e.g., Ambar, Aguila Blanca or Krakus) that make up the visibility of attempts to maintain their own culture by this minority group. These actions constitute a part of an effort to acculturate in Spain by Polish migrants. The aim of this paper is to identify and describe what kind of behaviours and experiences of Polish migrants may be interpreted as a part of their specific perceptions and preferences of acculturation. Furthermore, it is interesting how, within families of migrants, do the perceptions and preferences of acculturation of parents and children interact with each other in different life areas (peripheral and central)?

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A case for Cosmopolitan, pragmatic sociology in the context of migrant youth integration

Author(s): Sirkka Komulainen / Language(s): English Publication Year: 0

Migration has become increasingly political and urgent on a global scale (Cuomo, 2011; Castles, 2014). Europe (the primary focus of this paper) has witnessed unprecedented flows and moves of migrants a great deal of whom are young people and young adults. Public discourses on migration matters continue to be polarised, especially around the migrations of young men. Nations that may have previously expressed a great deal of solidarity towards immigration are growing reticent in their public accounts.

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Características de la inserción laboral de los trabajadores procedentes del Triángulo Norte de Centroamérica en México

Author(s): Liliana Meza González,Carla Pederzini Villarreal / Language(s): Spanish Publication Year: 0

Drawing on data taken from the 2015 Intercensal Survey, this paper analyzes the characteristics of the labor insertion of workers from the Northern Triangle of Central America in Mexico and presents evidence that the salaries and benefits received by these workers are higher than those of Mexican workers, in groups of immigrants and certain sectors, controlled by observable characteristics. Estimates of the decomposition exercises of the Blinder-Oaxaca type indicate that, in some cases, the unexplained part of the differential is determinant of the labor results in favor of migrants, which is considered early evidence of the favorable treatment they receive in Mexico. The results suggest that there is a demand for these workers by the Mexican productive sector and that, Central American migrants in Mexico are also positively selected from their counterparts in their countries of origin.

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Protección consular mexicana en Estados Unidos: análisis conceptual

Author(s): Karla Angélica Valenzuela Moreno / Language(s): Spanish Publication Year: 0

During the 1990s, some countries of destination started strengthening their relations with their diasporas. In an effort to tighten the bond with its own expat community, the Mexican government reshaped the functions of its consular network in the United States, where 97% of Mexican migrants live. This chapter analyses the concepts of consular protection, assistance and attention. As a result of this analysis, the chapter proposes a new definition of consular protection, as well as, a new way to classify consular actions. Finally, this study suggests that consular protection is a continuum which encompasses all kinds of consular actions under three categories: preventive protection, reactive protection, and capacity-building protection.

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Vacaciones en Paz: los refugiados saharauis entre el activismo político y la solidaridad española

Author(s): Rita Reis / Language(s): Spanish Publication Year: 0

Amid a process of decolonization and national construction, 160,000 Sahrawis have lived in refugee camps (Tinduf, Algeria), since 1975. Although existing in “the margins of the world” (Agier, 2008), the camps are centers of transnational movements and relations. Vacaciones en Paz is a solidarity program through which thousands of Sahrawi children spend the summer with Spanish families. Organized by the Youth Union of Saguía el Hamra and Río de Oro (UJSARIO) and the Amigos del Pueblo Saharaui associations, its main objective is to allow children to have access to specialized medical care, a varied food diet, and to leave the high temperatures of the refugee camps. In addition, it also promotes and strengthens the Sahrawi cause, through the relationships created between families and their children. This chapter explores the Vacaciones en Paz as an example of the multiple dynamics involved between political activism and humanitarian aid.

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Estudios migratorios desde la antropología de la educación: Análisis de las tesis doctorales en el contexto español

Author(s): Mónica Ortiz Cobo,Rosella Bianco / Language(s): Spanish Publication Year: 0

There is extensive scientific production in the field of Migration Studies within the Spanish context. Nevertheless, there are yet few review proposals of such production in the various disciplines. This work aims at contributing to fill this gap, by reviewing the PhD dissertations in Migration Studies in the area of Education Anthropology that have been discussed in Spanish Universities. To do so, we have used the material available in the repository of PhD dissertations in migrations housed at the Institute for Migration Research of the University of Granada (Spain). In our review, two types of data have been used as the object of analysis. The first type is more quantitative, referring to the number and evolution of the dissertations, as well as, the institutions to which they refer. The second type is more qualitative, referring to the contexts and subjects of study, and to the object of study or topic that they addressed.

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Renegociando fronteras: Solidaridad vecinal y activismo migrante en Madrid

Author(s): Ana Santamarina / Language(s): Spanish Publication Year: 0

In a context in which the city of Madrid has become a border space – with police raids, deportations and harassments as patterns of the everyday landscapes of public spaces in the city – several grassroots organizations have emerged disrupting these geographies and turning the city into a space of border struggle (De Genova, Mezzadra and Pickles, 2015). This chapter maps the multiple trajectories of resistance that operate re-negotiating borders from a daily basis in Madrid. These draw from diverse neighbor solidarity movements to particular forms of migrant subaltern political agency. Engaging with these, the chapter addresses questions of subalternity, migration and political action (Featherstone, 2008, 2012). On the one hand, this study portrays the border as a dynamic and contested space, where migrants and neighbors negotiate the power relations at stake in the processes of bordering and the practices of racist police violence (Mezzadra and Neilson, 2013; Papadopulos and Tsiannos, 2013). On the other hand, it explores how migrant activism is questioning the social borders that operate within urban spaces and urban political movements challenging white privilege and colonialism and opening new debates that are reshaping migrant solidarity movements.

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