Право на имовину у међународној и европској правној перспективи

Author(s): Vesna Rajaković / Language(s): Serbian Issue: 52-53/2015

The development of the idea of human rights is expressed through the adoption of a number of legal documents. They have seen the pursuit of the recognition of basic human rights which protect the most important human goods such as life, body, health, family, property and others. Although the order of recognition or legal rights started with verification of basic human rights (life and body), the fact is that the aspiration for a more complete and more certain legal protection of property rights of every man was expressed very early . Hence, in the first legal monuments we find provisions that protect the assets of its unlawful seizure and destruction. In the area of human rights assets represent an object of special protection in the form of property rights as basic human rights. By this is meant the right to peaceful enjoyment of possessions without the possible legal and factual disturbance by third parties. Taking into account the achievement of legal protection of property rights, the author will point out in the work the basic features of this right in international and European legal framework and case law.

Право на правично суђење

Author(s): Sanja Skakavac / Language(s): Serbian Issue: 51/2015

The right to a fair trial is the most important element of the rule of law proclaimed in numerous international documents. In this sense, the most important international legal documents are certainly the Universal Declaration of Human Rights and the European Convention on Human Rights. The Constitution of the Republic of Serbia in accordance with international legal standards foresaw the right to a fair trial as an essential principle of judicial conduct and respect for human rights. The right to a fair trial includes several different rights, and in this paper, the author points to only some of the most important rights.

Прекогранична здравствена заштита у оквиру Европске уније - права пацијената

Author(s): Anđela Đukanović / Language(s): Serbian Issue: 51/2015

Key document regulating patient’s rights in cross-border health care is Directive 2011/24/ЕU. This document provides some significant rights for patients seeking health care in other Member States of EU: rules concerning reimbursement of costs of cross-border healthcare, requirements concerning necessary administrative procedures, principle of non-discrimination, the right of patients to access medical records, obligation of providing relevant information’s to patients, recognition of prescriptions issued in another Member State, rules concerning electronic health (e-health), protection of right to privacy, and mutual assistance and cooperation of Member State in cross-border healthcare. Most importantly, healthcare that may be subjected to prior authorization is limited on specific situations. Some of this rules developed in practice of European Court of Justice. Directive 2011/24/ЕU brings important rules for patients seeking health care in other Member States, but it does not clarify sufficiently the relationship with the rules of social security contained in Regulation (EC) No 883/2004 on the coordination of social security systems.

Утицај развоја политике заштите људских права на европски идентитет

Author(s): Jelena Matijašević,Nenad Bingulac / Language(s): Serbian Issue: 49-50/2014

Classification of people who consider themselves as having a common origin which is represented through culture, history and religion can be perceived through a common identity. Bearing in mind that national identities are several centuries old it is an interesting fact that may be we are contemporaries of the beginning of the “European identity“. Apart from the national and European identity, there are a number of other ones which can be perceived through primary and secondary identities. The development and protection of human rights, which are indivisible and inter-dependent, have exerted a considerable impact on the development of the European identity. Human rights protection is a framework for a large number of activities which have been taken over at the European level. It is because, as we have already said, they are an integral part of the European identity.

Људска права на заштиту и спашавање од угрожавајућих претњи

Author(s): Ljubo Pejanović,Goran Bejatović,Zoran Šipka / Language(s): Serbian Issue: 49-50/2014

In this paper, we are discussing human rights in the field of health and safety of life, property security and environmental safety as well as the protection and rescue of all forms of human and natural endangering threats. The scientific theoretical justification and objective research comes from the need to point and compare the norms and respect for the rights of the Republic of Serbia in relation to the international community. The initial research method involves political and legal aspects of protection and rescue through the prevention and remediation of natural disasters and other threats. Human life, health, property and ecology are endangered by all forms of modern human threats and natural disasters as well as by technical and technological accidents and disasters. The human factor as the cause and manner of endangering people, property, environment and safety systems, is one of the most dangerous carrier threatening phenomena that imperils people and their value as a whole. Therefore, the man as a citizen has the right to adequate legal safety, health, and environmental protection from all forms of threats and imperilments.

Утицај праксе Европског суда за људска права на реформске процесе у Србији

Author(s): Marko Novaković / Language(s): Serbian Issue: 49-50/2014

The European Court of Human Rights (ECHR) is an institution which is very significant not only for individuals but for states as well. By a careful analysis of the cases before ECHR the state can discover the problems in its own legal system and in this way try to resolve them more efficiently. In the paper, the author will analyse the problem related to the case length and the way pre-trial confinement is determined in Serbia. Both of these subjects will be analysed in the way ECHR treats them, this including requests that are submitted against our state having a direct insight into the problems in Serbia.

Модел жртве у светлу новије јуриспруденције Европског суда за људска права

Author(s): Vesna B. Ćorić / Language(s): Serbian Issue: 49-50/2014

This article provides an analysis of the development and modification of the victim status requirement in the recent jurisprudence of the European Court of Human Rights. More particularly, the article assesses the main advantages and shortcomings of the victim test determined by Article 34 of the European Convention of Human Rights. In a given context, a particular emphasis is placed on recourse to broad interpretation of the victim status requirement which gave rise to the notions of indirect and potential victims. The concept of a potential victim in a sense determined by case law of the European Court of Human Rights is a very ambiguous. The given ambiguity undermines the legal certainty within the European human rights system. The article tries to delimit the concept of potential victim as well as to propose its further improvements.

Еволуција доктрине еквивалентне заштите

Author(s): Vesna B. Ćorić / Language(s): Serbian Issue: 45-46/2013

This article provides a discussion and analysis on the scope, content, legal significance and prospects of the doctrine of equivalent protection. More particularly, the article first offers brief background on the issue, identifying three main stages of its development, based on the relevant case-law of the ECHR. It is argued that the scope of the doctrine gradually got extended and clarified, despite the fact that a recently created Bosphorus presumption on the doctrine of equivalent protection is hardly rebuttable. Finally, this article discusses the prospects of the doctrine in light of the accession of the EU to the ECHR, as well as in case of failure to reach accession agreement.

Право на информисање о животној средини - европски стандарди и право Србије

Author(s): Ana Jovašević / Language(s): Serbian Issue: 41/2012

One of the achievements of modern law is a human right to a life in a healthy environment. In addiction to the various international standards, this right is guaranteed by the Constitution of the Republic of Serbia. It was proclaimed as a basic human right whose protection was given the nature of the constitutional principles. The Constitution of the Republic of Serbia in 2006. in Article 74 „Healthy Environment“ stipulates that everyone has the right to a healthy environment and to be promptly and fully informed about its condition. The Article 268 of the Criminal Code (2006) contributes to the importance of the access to information on the environment and the public participation in decision-making in this field and as to the right to obtain information about the state of the environment, guaranteed by the Constitution. This Article provides special criminal-legal protection or punishment for its offence: „Violation of the Right to be Informed about the Condition of the Environment“. According to the legislative solution, this criminal offence consists of withholding information or giving false data on environmental conditions or trends that are necessary for the estimation the risks to the environment or for the protection human life and health. Thus, all necessary terms and conditions were met for the full, high quality and effective implementation and protection of the right to be informed about the environment.

Пракса Европског суда за људска права у вези са заштитом човекове околине

Author(s): Slavoljub Carić / Language(s): Serbian Issue: 41/2012

This paper deals with the environmental protection and the European Convention on Human Rights and jurisprudence of the European Court of Human rights in this field. In the early years of the Convention’s life, any individual seeking to have their right to environment protected under the European Convention would have seen his application being dismissed as ill founded ratione materiae because no right to environment is proclaimed as such in the Convention nor in its protocols. As it was elaborated in this paper, this fact has not been an insurmountable obstacle to a creative approach by the Court to protect indirectly some connotations of a human right to environment, thanks to an exercise of judicial activism and judicial self-restraint. This protection was realized mostly through Article 8 of the Convention, but also via other articles of the Convention.

Европски стандарди о тортури и право Републике Србије

Author(s): Dragan Jovašević / Language(s): Serbian Issue: 39-40/2012

In this paper, the author focuses his attention on one of the oldest manifestations of breaching of human rights – torture. In brief, an analysis is given as the overview of the international legal documents, both of universal and regional character, which forbid torture. The author explains what the torture as criminal offence is especially referring to the cases when torture is committed by officials. In the separate parts of the paper, the author describes provisions of the Serbian internal legislation and compares it to the provisions on torture in the legal systems of Republika Srpska, Bosnia and Herzegovina, Greece and Germany.

RAZVOJ IDEJE O NACIONALNIM INSTITUCIJAMA ZA LJUDSKA PRAVA: OD PRVE SKICE DO ŽENEVSKIH SMERNICA (1946–1978)

Author(s): Luka Glušac / Language(s): Serbian Issue: 1/2022

The concept of national human rights institutions (NHRIs) as known today originated under the auspices of the United Nations. Although national human rights institutions in the contemporary context have been the subject of a grow- ing body of literature, the evolutionary path of the very idea of their creation has remained largely unexplored. The aim of this paper is to fill this literature gap by analysing key United Nations documents from the end of World War II to the adoption of the 1978 Geneva Guidelines. The paper reveals how the very concept of national human rights institutions had evolved over time, how it had been understood, which functions had been tied to these institutions, and which organizational forms had been taken as models. The paper explores the changes in the attitudes of UN Member States in relation to a given issue and provides a better understanding of the context in which this idea developed. In this regard, the paper also offers new insights into how the process of negotiating the core UN human rights conventions has influenced the evolution of the idea of creating national human rights institutions, a factor that has been rarely considered.

Проблем архитектонске приступачности у Европској стратегији за особе са инвалидитетом за период 2010-2020.

Author(s): Aleksandra Mirić,Filip Mirić / Language(s): Serbian Issue: 39-40/2012

In November 2010, the European Commission adopted the European Disability Strategy for the period from 2010 to 2020, which should contribute to improving the quality of life of this group of people in the EU. The main objective of the Strategy is to create a Europe without barriers for all its citizens. It provides measures to improve the participation of disabled people exercising the right to equality, labour, employment, health and social care and education. Bearing in mind that creating an accessible environment is a prerequisite for successful implementation of all other rights of persons with disabilities, the authors have paid special attention to this matter. Therefore, solving the problem of physical accessibility in the framework of the Strategy is the main subject of this paper. The authors also analyze the possibility of implementing some solutions from the Strategy to address the problem of accessibility of facilities for persons with disabilities. Although the Republic of Serbia, with the current status of a candidate country, is not required to apply the Strategy directly in its internal legislation, the implementation of some ideas would significantly increase the availability of facilities and public areas and would thus, improve the position of disabled persons in our society.

Протокол 14 уз Европску конвенцију о људским правима и основним слободама

Author(s): Marko Novaković / Language(s): Serbian Issue: 33-34/2010

By ratifying the Protocol 14 to the European Convention on Human Rights and Fundamental Freedoms by Russia in 2010 as the last member state of the Council of Europe the Protocol has finally come to force making a step forward towards reducing the European Court of Human Rights’ workload. The Protocol 14 introduces some novelties in several fields. It introduces changes concerning the competences of three judge committees, establishes single judge as a new judicial entity and defines a new criterion of admissibility. The changes are also present in friendly settlement as well as in the procedure of execution of judgements. In the paper, the author gives an overview of these novelties considering the possibility for their individual achievement, this also including their individual overall contribution to attaining the purpose for adopting the Protocol 14 as a whole and that is to reduce the Court’s workload and increase the efficiency of its work.

O OBAVEZNOSTI VAKCINACIJE U KONTEKSTU BOLESTI COVIDA – 19: IZMEĐU KOLEKTIVNE DUŽNOSTI I INDIVIDUALNE SLOBODE

Author(s): Zoran Ponjavić / Language(s): Serbian Issue: 1/2021

As always, the law is an aid to decision-making, not the decision itself. But the law illuminates not only the useful but also the necessary. The law should not be instrumentalized in favor of or against compulsory vaccination: it is neutral on this issue. It gives the public authorities great freedom and responsibility for carrying out vaccinations. But the success of vaccination, mandatory or recommended, depends on establishing trust in public health institutions, and not on coercive measures that will only further undermine trust in the long run. The main legal problem of compulsory vaccination is the imposition of restrictions on everyone, in the interest of public health, which are imposed not only on them but also on their minor children. Recommended, on the other hand, does not represent any legal restrictions, but only psychological or social ones. Mandatory vaccination leads to the restriction of individual rights and freedoms, to the free disposal of one's own body and the exercise of parental rights, when it is carried out over children. Therefore, it must and can be imposed by a decision of the legislative body that is the only one competent to make such a decision (law), and not by a decision (order) of the executive body. In addition, it must meet a legitimate public health objective and these restrictions on the right to consent to a medical measure must be proportionate to the objective pursued. The existence of new epidemic threats, especially AIDS and the latest Covida-19, no longer makes the vaccine appear as a remnant of the distant past, but as a source of hope for disease prevention, especially since they are now genetically engineered vaccines, as evidenced by their modernity, but also reliability.

KARAKTERISTIKE EVROPSKE UNIJE KAO MEĐUNARODNE ZAJEDNICE SA ASPEKTA LJUDSKIH PRAVA

Author(s): Nikolina Vojinović / Language(s): Serbian Issue: 1/2021

The subject of this paper is the analysis of the European Union as a specific international community, from the aspect of human rights. The European Union is specific in many ways, because it exists as a unique intergovernmental community of European countries and is the only organization of this type in the world. The unity of the European Union is especially evident when we look at its constitutional order. If we take into account the fact that the constitution is the highest legal act of a state, and that the European Union consists of member states, each of which has its highest constitutive act, but also that the Union has its own constitution, the question of sovereignty of member states arises. The task of the paper is to point out the specific concept of the European Union, from the aspect of human rights, as well as the incompleteness and incompleteness of the institutional arrangement of the European Union.

САМОВОЉНО ЛЕЧЕЊЕ БОЛЕСНИКА И ЊЕГОВА ПРАВНА ПРИРОДА

Author(s): Jakov Radišić / Language(s): Serbian Issue: 4-6/1998

The author sets out from the premise that the arbitrary treatment of a patient is a form of illegal treatment. One may speak of arbitrary treatment in the case when the patient is not asked for his consent to undergo a certain medical intervention, when he refuses to give his consent for the intervention or when his consent is not legally valid. It is possible to present arbitrary treatment as a social phenomenon and as a legal problem only through clarifying the consent for treatment and the conditions for its validity. The first part of the paper is devoted to this issue. In the second part of his paper, the author discusses the different academic iiltcrprclations regarding the legal nature of arbitrary treatment. He lays particular emphasis on the existence of different views about whether the prohibition of arbitrary treatment is solely to protect the patient's freedom to decide on his own physical integrity or physical integrity itself.. The former viewpoint is upheld in the Criminal Code of Austria while the latter is to be found in the practice of the German and Swiss courts. However, these differences in criminal law have had no effect on civil liability in these countries because Austrian civil courts qualify the arbitrary treatment of patients as bodily injury. This means that the notions of bodily injury in criminal and civil law are different. Arbitrary curative treatment of the body of a patient is and remains legally impermissible even in the case when the desired aim is achieved. Therefore, there is room for criminal responsibility' because of the criminal act or misdemeanour. However, liability in tort for this act is governed by another logic because it presumes the existence of loss. If there is no loss, then the right to compensation is excluded. If the court sentence would allow satisfaction (i.c. a sum of money) to the patient merely' because of the doctor's disregard for the patient's right to dispose of his own body this would not be in keeping with ethics. Furthermore, neither is the legal foundation for such a measure within reach.

СЕКСУАЛНА И РЕПРОДУКТИВНА ПРАВА МЛАДИХ - ПРИСТАНАК ДЕТЕТА

Author(s): Marina Janjić-Komar / Language(s): Serbian Issue: 1-3/1998

In modem thought, the language of sexuality and the process of the medicalization of sex both began with the secularization of nature. In sexual science, adolescent sexuality is observed as a matter of medical information. The limits of lawful sexual activity are prescribed in penal law. In civil law, the common presumption of a child's incapacity has been altered and the capacity of the child is defined according to age or according to understanding. A minor who has sufficient understanding has reproductive rights. Only for abortion the age limit is 16 years. In the modem state, information on the consequences of sexual practice has become the central point of society's response to new rights and individual freedoms. The Convention on the Rights of the Child has introduced some rights that indicate that childhood is integrated in society in an adult manner. The increase in the number of rights in the sphere of intimate relations does not mean that autonomy reduces human relations to isolated individuals. Perhaps adolescents have the right to a difference in the domain of sexual and reproductive rights, the right to their own culture of emotions and the right to be free from adult sexual culture. Perhaps we impose on adolescents a certain concept of love that neglects youth in its rights.

ЉУДСКО ПРАВО НА ЖИВОТ И ФИЗИЧКИ ИНТЕГРИТЕТ

Author(s): Vojin Dimitrijević / Language(s): Serbian Issue: 1-3/1998

ОДНОС ЉУДСКИХ ПРАВА И МИРА

Author(s): Vojin Dimitrijević / Language(s): Serbian Issue: 4-6/1997