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BALANCIMI I SË DREJTËS PËR RESPEKTIMIN E JETËS PRIVATE DHE FAMILJARE (NENI 8 I KONVENTËS EVROPIANE PËR TË DREJTAT E NJERIUT) DHE LIRIA E SHPREHJES (NENI 10 I KONVENTËS EVROPIANE PËR TË DREJTAT E NJERIUT) - KORNIZA LIGJORE VENDORE DHE NDËRKOMBËTARE

Author(s): Menderez Emini / Language(s): Albanian Issue: 16/2021

Among the range of rights guaranteed by the European Convention on Human Rights (ECHR) and which have judicial protection by the European Court of Human Rights in Strasbourg (ECtHR) are the right to respect for private and family life provided for in Article 8 by the ECHR and the freedom of expression guaranteed by Article 10 of the ECHR. These two extremely important human rights often come into conflict with each other, i.e. the protection of one of these rights can mean violation of the other. It is for these reasons that it is extremely important to strike a certain balance in their application and protection. Of course, this is the primary obligation of the national legislation and the national courts, but the European Court of Human Rights and its jurisprudence certainly have an exceptional role in accomplishing this delicate task. This paper will address the issue of achieving a balance between respect for these two rights, both in terms of domestic law and in terms of the European Convention for the Protection of Human Rights.

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(Р)еволуција женских права - од лица alieni iuris до нордијског парадокса

Author(s): Snežana Prelević Plavšić / Language(s): Serbian Issue: 67/2019

For thousands of years, women have been fighting for the right to education, a better position in society and against male domination. Despite the fact that justice and wisdom are female deities, women have been in a subordinate position for centuries. Women were in the best position in Egypt. Three millennia ago, Egyptian women could have been Pharaohs, army commanders, scribes and priests, which is not possible today. Under the influence of Greek civilization and later Christianity, women in Egypt gradually lost their rights. The equality between men and women in the land of Pharaohs disappeared, which was one of the essential values of this civilization never again realized in any country in the world until the First World War. In ancient Greece, despite many ideas that led to the progress of civilization, the position of women was rather unfavorable. During the Middle Ages, with the blessing of the church, the persecution of witches began to spread representing the most hideous violence against women. Paradoxically, women enjoyed the most extensive rights in monasteries. Viewed through the prism of history, women are in a subordinate position compared to men. In contemporary times, not only in Europe but also in the wider international milieu, the premature death of women and girls due to gender discrimination, unequal access to resources, due to violence and neglect are identified with the "phenomenon of missing women". The theory of the Nordic paradox shows that women with a higher economic status than their traditional partners are more exposed to violence. In the subject analysis, the author considered the process of developing and evolving the rights of women and concluded that gender equality through the reduction of traditional gender roles strengthened the view that violence against women was justified, and their success in life circumstances was often regarded as a certain threat.

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Društveno politički uslovi za ostvarivanje ljudskih prava

Author(s): Author Not Specified / Language(s): Serbian Issue: 1/2021

Izložena neprestanim unutrašnjim političkim tenzijama, traumirana svakodnevnim incidentima, aferama, verbalnim i fizičkim nasiljem, Srbija je postala duboko polarizovano društvo u kom su usled nefunkcionalnosti institucionalnih mehanizama zaštite građani prinuđeni da zaštitu svojih prava traže van institucija. Godinu za nama obeležili su brojni protesti, štrajkovi i drugi vidovi organizovanja građana čija su prava ugrožena ili povređena kao poslednja mogućnost koja im stoji na raspolaganju. Takođe, 2021. godinu obeležio je i proces izmene Ustava u delu koji se odnosi na pravosuđe koji je okončan usvajanjem teksta ustavnih amandmana krajem godine od strane Narodne skupštine i potvrđivanjem od strane građana na referendumu održanom 16. januara 2022. godine. Ipak, suštinski problem koji se prožima kroz sve društvene procese, a svoje najdrastičnije oblike i posledice ispoljava u oblasti ljudskih prava, jeste uporno odbijanje nosilaca vlasti da uspostave suštinski dijalog, pre svega sa građanima.

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LJUDSKA PRAVA U PRAVNOM SISTEMU SRBIJE

Author(s): Author Not Specified / Language(s): Serbian Issue: 1/2021

1. Obligations of Serbia in relation to UN membership and ratified universal international agreements, 2. Obligations arising from Serbia's membership in the Council of Europe, 3. Human rights in national legislation

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Ustavnopravna zaštita nacionalnih manjina: protuvećinski argument u ulozi zaštitnika demokratskih vrijednosti

Author(s): Valentino Kuzelj,Domeniko Kvartuč,Antonija Petričušić / Language(s): Croatian Issue: 2/2021

The formal legal frame for the protection of national minorities in Croatia is ‎highly developed considering the regulations of the Constitution of the Republic ‎of Croatia and the Constitutional law on the rights of national minorities ‎(as an organic law), concluded and ratified international treaties, and other‎ laws and by laws. Additionally, the readiness to protect the rights of national ‎minorities is evident from the jurisprudence of the Constitutional Court,‎ which is accentuated by the conformation of the paragraph 2 of the constitutional Preamble, articles 1 and 3 (from which the acceptance of the so-called ‎political conception of the people arises), and article 15, paragraph 4 (individual‎ right of members of national minorities to use their language and script)‎ as a part of the Croatian constitutional identity. Therefore, the reasons for the ‎problems in exercising the rights of national minorities need to be sought in ‎the insufficient level of political culture.‎

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Право на образовање

Author(s): Marko Stanković / Language(s): Serbian Issue: 65/2018

This paper analyzes the international and constitutional legal aspects of the right to education. The right to education is one of the most significant cultural rights, which belongs to the second generation of human rights, together with economic and social rights. The first part of the paper analyses definitions of the right to education in the most important international documents on human rights. This right is regulated by the International Covenant on Economic, Social and Cultural Rights, as well as relevant regional human rights conventions. The right to education is the only cultural right that has found its place in the European Convention on Human Rights. Therefore, the central part of the paper is dedicated to the status and protection of the right to education in the system of the Council of Europe. The right to education enjoys direct protection before the European Court of Human Rights, whose decisions have significantly improved this right. The last part of the paper analyzes the position of the right to education in the Republic of Serbia. In the constitutional system of the Republic of Serbia, the right to education is guaranteed by the Constitution and is regulated in detail by law. In its realization, there are certain problems in practice. The concluding observations summarize the results of the research and provide some suggestions for improving the position of the right to education.

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Право на имовину као људско право

Author(s): Ivan Joksić,Aleksandar Radovanov,Vesna Rajaković / Language(s): Serbian Issue: 65/2018

Human rights belong to a special category of law whose source is an international legal instrument. Their integrity is not possible without the existence of a whole range of conventions, declarations, pacts, recommendations, guidelines and other regulations. In this regard, the presence of European legal instruments in all segments of human rights is extremely noticeable. Respecting an opinion that emphasizes the equality of all human rights, as well as the fact that their standardization is done in a wider range of legal instruments, itis not easy to isolate a particular human right that we can consider representative. However, at a time when property rights are increasingly gaining importance, it is of particular importance to highlight the area of the right to property as a second-generation human right. An additional motive, which has focused our attention on this human right, is the overall economic crisis caused by ownership transformation, the transition to the liberal concept of economy, the process of restitution, and so on. Conscious of the fact that our national legal frameworks must be in line with international and European legal instruments, we have come to a more fundamental examination of all the major aspects of the right to property as a human right. In this regard, we will emphasize the importance of the proper understanding of property in the international and national legal nomenclature. This can help us with the views and opinions of the European Court of Human Rights in cases of violation of the property rights of the states whose citizens are appealing to this court.

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Употреба родно осетљивог језика у унутрашњем праву и европски стандарди

Author(s): Žarko Radić / Language(s): Serbian Issue: 64/2018

In the 21st century Europe, the issue of linguistic human rights and gender sensitive language in the official and public use becomes increasingly significant. It has become an increasingly interesting topic for social sciences, public policies and media. The gender-sensitive language is considered the language of gender equality. It is required that the language used in the official document gives women and men and their activities equal value and equal visibility. Acknowledging the European standards and National Strategy for Gender Equality from 2016-2020, in this paper the author analyses the possibility of using the gender-sensitive language in legal texts from the aspect of legislative drafting. He does so by applying dogmatic, normative and comparative law method. At the end of the paper, the author considers the importance of the studied issues for the Republic of Serbia and its road to the membership in the European Union. He concludes that in order to make consistent use of the gender-sensitive language in regulations obligatory, the proper amendments to the Common Methodology of Legislative Drafting should be adopted by the National Assembly of the Republic of Serbia.

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Питање сурогат материнства у пракси Суда правде Европске уније

Author(s): Anđela Đukanović / Language(s): Serbian Issue: 64/2018

Surrogacy is an issue that has caused a series of ethical dilemmas for quite some time, primarily regarding the possible exploitation of the surrogate mothers in a difficult economic situation. The issue of surrogacy is especially important in light of the progress of reproductive technologies and reproductive tourism. Surrogate motherhood is a sensitive issue, and the EU law does not regulate it. Therefore, particularly interesting were two cases which appeared before the Court of Justice ofthe EU. They showed how the issue of surrogate motherhood could pose a problem in an indirect way. As for the aforementioned two cases, it may be noted that the Court of Justice of the EU has not exceeded his jurisdiction. However, in the light of surrogacy arrangements, it should be taken into account that the interests and rights of children born through surrogacy can be affected significantly, especially in the context of reproductive tourism.Nevertheless, achieving any consensus in this area is almost impossible.

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ПОДРИВАЊЕ АНОНИМНОСТИ У ДОБА ИНТЕРНЕТА

Author(s): Dalibor Petrović,Dejan Pavlović / Language(s): Serbian Issue: 1/2022

While in its early phases the Internet had been based on anonymous communication within virtual communities, the past two decades have brough about a reversal. The proliferation of digital networking platforms, on one hand, and loose internet privacy policies, on another, have been narrowing the space for anonymous use of the Internet. Based on these trends the paper deals with the transformation of the role of online anonymity in the socio-legal perspective. In the first part we demonstrate that anonymity accompanies the modernization of contemporary societies, but there are also various freedom and security challenges. In the second part of the paper, we analyze internet anonymity as a phenomenon, assessing both arguments in favor and against it. We are particularly interested in identification of the stakeholders who advocate overall deanonymization, as one of the crucial characteristics of public and private life in contemporary society.

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THE INFLUENCE OF ARTIFICIAL INTELLIGENCE ON THE RIGHT OF FREEDOM OF EXPRESSION

Author(s): Emina Kolarević / Language(s): English Issue: 1/2022

The right to freedom of thought and expression represents one of the fundamental principles of a democratic and civilized society. The Internet has become the most important communication medium through which the individuals exercise their right to seek, receive and impart information and ideas of any kind, regardless of any frontiers. Various technologies have been used to enable an online communication, while today artificial intelligence systems are deployed in every corner of the Internet, providing information dissemination and communication. The application of the artificial intelligence systems is based on generating, collecting, and processing a large quantity of personal data with the aim of profiling users and predicting their future behaviour. This can have serious consequences for the right to freedom of expression. Through the content personalization on online platforms, particularly on social networks and search engines, the artificial intelligence systems choose the content that users can see and the order in which they see it, leaving them in the so-called ‘filter bubbles’. Artificial intelligence systems also moderate the content, removing the one which does not comply with the rules of the online platforms, and, temporarily or permanently, blocking the users who violate the community rules, raising thus the issues of legality, legitimacy and proportionality of the decisions made by artificial intelligence.

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Примењивост европског система људских права у праву Републике Србије и Републике Српске

Author(s): Ivan Joksić,Vidoje Mitrić,Mitar Lutovac / Language(s): Serbian Issue: 59/2017

The European human rights system has much wider achievements in relation to the national legal systems of European countries. The system must be considered in a given time and the spatial context. In the first case it should be considered under the framework of the European Convention, while in the second case, it ought to ensure applicability in all European countries. Since it was made back in 1950, the European Convention is a comprehensive legal instrument and reliable framework for the development of national legal systems in the field of human rights. The European Convention is a starting point in the analysis of progress in the field of standardization, promotion and protection of human rights. Taking into account the common geographical area and historical circumstances of the relations between the successor states of the former Yugoslavia, the authors will focus on the legal analyses of the incorporated system of human rights in the Republic of Serbia and the Republic of Srpska, with special emphasis on the constitutional and legal provisions.

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Право азила и европски систем права на азил

Author(s): Žaklina Spalević,Milan Palević,Vladimir Petrović / Language(s): Serbian Issue: 58/2016

Asylum is a form of legal and factual protection afforded by the country on its territory, a person who is not able to obtain the protection of the country whose nationality they have, or in which he resides, particularly because of the fear that it might be persecuted for reasons of race, religion, nationality or membership of a particular social or political group. Asylum seekers are persons who need to provide (but not necessarily) international protection, and provide the ability to access the territory of another country that can provide them with adequate protection. Although we can not speak about the right to asylum, the right to seek asylum provided by numerous international documents, as both universal and regional. Due to the escalation of the Middle-East crisis as a result of inconsistent, unprincipled and uncoordinated policies and hasty military action, western allies in the region, and the region of North Africa, in the last ten years, especially since 2014, population migration are increasingly directed (controlled-not controlled) to the territories of the Member States of the EU. The paper, with the lighting of universal elementary documents related to the issue of asylum, considered “European” normative response to the current challenge of uncontrolled migration, which, according to many, is unprecedented since the end of World War II. In addition to the general laws and the particular scope, subject to the analysis work and recommendations and declarations of the major international organizations that deal with the issue of asylum seekers, especially the UNHCR, the European Union and the Council of Europe.

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Људска и мањинска права Рома у Републици Србији и европском законодавству

Author(s): Ivan Kostadinović / Language(s): Serbian Issue: 58/2016

The issue of protection and the creation of specific mechanisms for ensuring the rights of national and ethnic groups in all spheres of social life were manifested in the process of creation of national countries. Especially in Europe, after the horrible crimes during World War II questions of the protection of human and minority rights takes a very important place, presents in number of Declarations, Conventions and Charter adopted by key and influential international organizations. Although of numerous international conventions and laws that proclaim the equality of all people, the level of achieving declared universal human rights by the Roma is much lower than the of achieving these same rights by non-Roma population. In many parts of Europe, Roma remain socially and economically marginalized, which undermines the respect of their human rights, prevents their full participation in society and spreading prejudice. In this study, we will give the review of European legislation and the legislation of the Republic of Serbia in respect of the protection of human and minority rights, and the status and level of achieving civil rights of Roma.

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МЕДИЦИНСКА, ЕТИЧКА И ПРАВНА ПИТАЊА ПОЈЕДИНАЧНОГ И ГРУПНОГ ГЕНЕТСКОГ ТЕСТИРАЊА

Author(s): Vesna Klajn Tatić / Language(s): Serbian Issue: 1/2006

Individual and group genetic testing represents collection of certain procedures used to determine actual or possible genetical problems of a individual (patient), or his/her family. Genetic information obtained through genetic testing reveals a score of personal genetic data which are so delicate that even the person who underwent testing (proband) may wish not to learn about their content. Revealing human genetic inclination to certain diseases may influence self-perception and result in a different attitude of the environment towards such person. This dimension of genetic data vindicates special legal protection of genetic privacy. On the other hand, genetic data differ from other personal data. They are not so strictly private, as are some other personal informations. A score of individuals or bodies may be interested to learn the results of a genetic test. Family may wish to know if they may also be caught by disease, or if the disease might spread to their offspring. Insurance companies always take family history of diseases as one of the risk indices in assessing insurance premiums, however, genetic testing now offers, it seems, much more precise means based on scientific estimation or probability. Likewise, employers may have significant interest for data disclosure when it comes to employing individuals who are likely to suffer from hereditary diseases. Without any doubt, the state also has interest to lower the incidence of genetic diseases among population. Within the whole maze of interests presented above, it is unquestionable that there is a possibility for conflict with regard to control of individual's genetic data, and one has to admit that the outcome of a genetic test may influence one's life way before the actual manifestation of illness.

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Инклузија миграната кроз спортске активности у Европској унији

Author(s): Dalibor Kekić,Dane R. Subošić,Obrad M. Stevanović / Language(s): Serbian Issue: 56-57/2016

Inclusion in society is one of the priorities of EU policy. The values in sport are related to equal opportunities and fair play, which are also the European values. Community building and the fight against xenophobia and racism are one of the basic values and benefits of sport, and thus it represents the potential for a significant contribution to the integration of migrants in the EU. Under-representation of migrants and their exclusion from leadership positions in sport, and the lack of progress of minorities in positions in sports clubs and associations is a public secret in European sport. Network inclusion through sport (Sport Inclusion Network – SPIN) is a project designed to promote the inclusion and participation of ethnic minorities, migrants and other third-country nationals (including refugees) through sport across Europe. SPIN project gathers amalgam of experienced national key players in the field of combating intolerance and discrimination in sport, including the organization FairPlay-VIDC, the Italian аssociation ''Sport for All'' (Unione Italiana Sport per Tutti – CSPI), the Football Association of Ireland – FAI, the Portuguese Union of professional players (SJPF), migrant human rights organization "Mahatma Gandhi" from Hungary, multicultural Finnish sports initiative “Liikkukaa” and the German Association “Camino”, which is professionally engaged in the research of sport and youth. As a result of the SPIN project, a guide to good practice was created, which represents a set of examples of how to incorporate migrants into and through sport. This guide aims to promote new ideas on how we need to do in terms of involvement in sport and to facilitate the exchange.

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Правни аспекти заштите личности

Author(s): Željko Spalević,Žaklina Spalević / Language(s): Serbian Issue: 56-57/2016

The legal aspects of the protection of persons are presented in this work at the level of international organizations, at the level of modern countries and the countries of our region. The aim of the research refers to scientific knowledge and positive legislation on the subject of research. This work discusses three issues, in other words, it is divided into three parts. In the first part entitled: International legal aspect of figure protection, it provides an overview which refers to the United Nations and the European Union. At the level of the United Nations are shown the Convention on Diplomatic Relations, the Convention on Consular Relations, the Convention on Special Missions, the Convention on the Representation of States in their relations with international organizations of universal character, the Convention on the Prevention and Punishment of Crimes against persons who have international protection, including diplomatic representatives. In the second part entitled: Legal aspect of the figure protection of modern states, is presented legal regulation of the area in Australia and the United States. Finally, in the third section entitled: Legal aspects of the figure protection of some countries in the region, the aspects are presented in Slovenia, Croatia, Serbia, Bosnia and Herzegovina and Montenegro. As noted, the European Union Member States and the laws that govern the protection of figure in these countries are processed, as well as a criminal law framework for the protection of the figure and sanctioning perpetrators of criminal acts who commit against the president or his deputy, government representatives, representatives of foreign countries or international organizations. The affairs of protecting figures and objects in those Member States of the European Union perform the police based on the legal and sub-legal framework. Regulations who govern the categories of persons, organization, tasks, measures, forms and methods of protection are presented. The area of figure protection also is governed by laws and sub-laws in Serbia, Bosnia and Herzegovina and Montenegro. The holder of the protection is the police and the organizational view is given. Protection tasks implement appropriate measures, actions, and levels of protection. The criminal- legal framework for the protection of figures is governed by the laws where perpetrators of criminal acts against representatives of the highest state authorities or institutions and against persons under international, are strictly punished.

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Сценаријски методи за угрожавање људских права

Author(s): Ljubo Pejanović / Language(s): Serbian Issue: 56-57/2016

This paper aims to point out to the existence and frequent recourse to the dangerous scenarios by means of which someone is threatened or blackmailed by force or extortion, in order to achieve objectives and interests, whether political, military, economic or another. Scenarios as a method of achieving precisely defined goals and interests are, in fact, a system that includes the state, government representatives, citizens and all the values that are of vital interests of those who had planned to carry out targeted interest. These acts violate human rights and legal norms of the state nation. The range of potential causes, attacks, threats and disorder cause a crisis in a specially selected or a particular country or society with significantly enhanced and linked system to effect the desired result. In order the scenarios to have planned success, often a decision is made to apply the proven methods, through risk assessment, assessment of the result of a threat, vulnerability and sensitivity of the victim, as well as the estimate of the resistance and risk assessment for the performers of scenarios. So, for all these performers of scenarios they do not represent a violation of human rights, and are contrary to all the rights guaranteed to them others must respect.

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Право на породични живот хетеросексуалних партнера у пракси Европског суда за људска права

Author(s): Sanda Ćorac / Language(s): Serbian Issue: 55/2016

The European Convention on Human Rights (Convention) is the main act in the framework of the Council of Europe, which provides the protection of human rights and fundamental freedoms, which certainly includes the right to respect for family life. Classification of the right to family life in the list of rights protected by the Convention recognized the special value that family life itself has. The right to respect for family life is a human right in the framework of which the protection enjoyed by married and unmarried partners. Thus, the European Court of Human Rights (Court) dealt with the issue of respect for family life of these persons. First of all, the case law of the Court, considered in the paper, dealt with the issue of the rights of married couples to the protection of family life in the context of the lack of spouse community life, divorce or the marriage concluded by religious customs. But besides spouses, protection within the notion of family life also includes other de facto relationships, as the Court confirmed through his rich practice. Unmarried partners who live together the Court considers a family, under condition that quality of relationship is not any different from the relationship that married partners have. Case-law which refers to the protection of the right to family life of married and unmarried partners indicates to the two required steps. The first step refers to determining the existence of family life between married or unmarried partners. Only if the Court estimates that there is a family life between these persons, it determines if there has been an intervention in it. So, we can conclude that the Court adopted the view in practice that the existence or absence of family life is actually a question of facts, depending on the actual practical existence of these relationships. In other words, there are no predetermined and rigid criteria, but the circumstance of each case is what guides the Court in deciding.

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Европска конвенција о људским правима и слобода изражавања

Author(s): Dragica Popesku / Language(s): Serbian Issue: 54/2015

In cases of violation of the right to honor and reputation, as a special type of personal rights, freedom of expression is in conflict with the above-mentioned right which protects the said personal image from groundless accusations, so its restrictions are justified under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The European Court of Human Rights never gives automatic predominance to either of these values (freedom of expression or the reputation of the person whom the information relates to), so its adjudication represents a complex analysis of all details of a particular case, weighed and measured individually in relation to all other circumstances, regardless of whether the freedom of expression was violated or its restrictions justified. The European Court of Human Rights formulated specific criteria for assessment of different cases, such as the rule that the Court’s deliberation is in relation to the necessity of restrictions of freedom of expression when the information is placed with regard to the government and politicians in context of debates on matters of public interest, and especially if it is a political debate or a statement made in Parliament or a similar body, or if it is a refutation of provocative statements by the person defamed. On the other hand, it is much easier to restrict freedom of expression when defamatory statements, namely slanderous allegations which violate someone’s right to honor and reputation, relate to judicial power or private persons and their lives. Main problems lie in applications to the European Court if there is no satisfactory definition of elements relevant for assessing whether freedom of expression, guaranteed by the European Convention, in Article 10, Paragraph 1, was violated. However, according to the jurisprudence of the European Court of Human Rights, freedom of expression is respected, with restrictions provided in Article 10, Paragraph 2 of said Convention and some advances by the Court.

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