Around the Bloc: Brother of Kosovo Premier Sought German Asylum
Other relatives of Isa Mustafa among many thousand Kosovans who requested asylum in the EU last year.
More...We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
Other relatives of Isa Mustafa among many thousand Kosovans who requested asylum in the EU last year.
More...
The article is initiated by a contemplation on the contemporary humanization mission of the family. “The family is the basic unit of society. It is the cradle of life and love, the place in which the individual ‘is born’ and ‘grows’” (“Christifideles laici” exhortation, no. 40). However, not all forms of family life serve the human humanization and participate in the development of the society. A family, in order to create the integral human well-being — and that is, in fact, what the humanization is about — should act in a manner respecting this set of goods and values which characterize it as a “community of life and love.” Among the missions of the family the most vital one is the mission of upbringing (according to a paradigm: “the family, first educator”). It is an area in which it is explicitly visible why the proclamation of the “family sovereignty,” in the church documents — especially in the Charter of the Rights of the Family (1983) — is invariably accompanied by the affirmation of the subsidiarity principle. The standards of the Convention on the Rights of the Child (1989), touched upon in the last chapter, constitute a crucial reference point for the domestic legislator: the right to be raised in a family and to maintain contact with both parents. However, it is important to remember that a characteristic feature of the international law standards (binding for countries that ratified them) — similarly as legal acts of lesser legal force, like: recommendations or resolutions, is their conciseness, condensation, but also a peculiar terseness “justified” by the means of a reference to the minimum of common idea concerning a contemporary family relationship, equality of women and men, family autonomy, rights of individual, especially weaker party, that is, a child. This impartial, permanent situation is connected with such advantages as, for example leaving a subject matter freedom margin for a given country legislator: maintaining or passing detailed normative solutions coherent with the state law. However, today it is also not difficult to notice disadvantages: especially the underspecification — in the name of the outlook pluralism principles — the axiological plane of the accepted standards (and precisely, avoiding what we called the logos and ethos of the institutions of matrimony and family). In practice it can signify forcing a legal thought alien in a given culture, or even bear all stamps of a bad lobbing. It is demonstrated — in the last part of the article — by the means of examples, which depict real problems with the implementation of the relevant conventional regulations in the national (Polish) law.
More...
The article presents the genesis and sources of rights of the child. Every child is entitled to the rights of the child just like every adult is entitled to human rights. The child is a human person with dignity, therefore he or she is entitled to all human rights. Moreover, because of his biological and mental immaturity and being subject to the authority of parents the child requires special treatment and care. Social rights are these human rights that are related to employment, social security, health, family life, participation in cultural life and education. They include economic, social and cultural rights, which are these rights that provide for physical and mental development and social security of an individual. Rights of the child are inextricably linked with rights of the family because the child is born into and grows in the family. The Constitution of the Republic of Poland imposes such a pro-family direction of the policy in Art. 71. What is more, there is a close relationship between the economic policy of the state, social policy and the quality of life of the family. The better condition of the family, the lower unemployment, decent wages of parents and a greater care of the state for developing the pro-family policy the greater likelihood that the right of the child to decent social conditions is preserved and better protected.
More...
Evropska komisija je pretprošle godine usvojila novi pristup izvještavanju o državama koje se nalaze u procesu pridruživanja, uz prilagođenu metodologiju izvještavanja. Tako će na proljeće 2018. Evropska komisija objaviti izvještaj koji će prethoditi samom mišljenju, a kasnije tokom 2018. biće objavljeno mišljenje o aplikaciji uz analitički izvještaj. U skladu s tim, ovogodišnji Alternativni izvještaj koncipirali smo tako da pokrije što veći broj pitanja koja su bila centralna u politici Evropske unije prema BiH. Ključno pitanje je svakako bio proces izrade odgovora na Upitnik Evropske komisije, koji je BiH uručen u decembru 2016. godine, dok su odgovori predati tek 28. februara 2018. godine. “Alternativni analitički izvještaj o aplikaciji BiH za članstvo u EU“ rezultat je zajedničkog rada organizacija i pojedinaca/ki koji/e čine Inicijativu za monitoring EU integracija Bosne i Hercegovine. Ovaj dokument se nadovezuje na prethodne izvještaje Inicijative, kao i na “Alternativne odgovore organizacija civilnog društva na pitanja Evropske komisije”, koje je Inicijativa izradila 2017. godine. Izvještaj se, kao i prethodni, odnosi na pitanja političkih kriterija za članstvo u EU, s fokusom na stepen demokratičnosti i funkcionisanje države, pitanje vladavine prava i korupcije, ljudskih prava, naročito manjinskih i ranjivih grupa, i tranzicione pravde. Pored toga, u skladu sa promjenama u načinu izvještavanja, u ovom dokumentu naglasak je stavljen i na neke od tema koje se odnose na posebna poglavlja acquis-a, kao što su ekonomsko-socijalna pitanja, administrativni kapaciteti za ocjenu usklađenosti sa pravnom stečevinom EU, intelektualno vlasništvo i regionalne obaveze. Analitički izvještaj daje prikaz stanja u oblastima koje su obuhvaćene političkim kriterijima, pri čemu je detaljnije predstavljen period nakon objavljivanja Alternativnog izvještaja za BiH 2016. godine. Nalazi ovog izvještaja ukazuju na to da u BiH nije postignut nikakav napredak u ključnim oblastima u protekle dvije godine. Političke tenzije pred Opće izbore 2018, kao i nepostojanje stabilne koalicione većine na nivou Bosne i Hercegovine i Federacije BiH, rezultirale su neusvajanjem izmjena Izbornog zakona, čime je došlo do ozbiljnog ugrožavanja izbornog procesa. U Republici Srpskoj zabilježena je druga vrsta parlamentarne krize, potaknuta zabrinjavajućim postupcima izvršne vlasti u vezi sa radom Glavne službe za reviziju javnih institucija. Funkcionisanje pravosuđa na državnom nivou također je ozbiljno ugroženo neizvršavanjem odluka Ustavnog suda BiH koje se odnose na Zakon o krivičnom postupku. Ustavne reforme su i dalje pitanje kojim se vlasti u BiH ne bave, te ne postoji ozbiljan pristup izmjenama Ustava u skladu sa presudama Evropskog suda za ljudska prava u slučajevima “Sejdić-Finci”, “Zornić” i “Pilav”. Reforma javne uprave, iako jedan od proklamovanih prioriteta u procesu pridruživanja EU, nije zabilježila nikakav napredak u proteklom periodu. Ponovo se bilježe pokušaji da se zakonski okvir u različitim oblastima oslabi, umjesto da se poboljša. Organizacije civilnog društva uspjele su zaustaviti proceduru izmjena Zakona o slobodi pristupa informacijama BiH, kojima bi se znatno ograničile slobode pristupa informacijama. Ni prijedlog za uvođenje mogućnosti pomilovanja osuđenim ratnim zločincima nije došao do parlamentarne procedure, ali ovakvi slučajevi ukazuju na zabrinjavajuće tendencije u radu izvršnih vlasti. Sloboda okupljanja i dalje nije garantovana svima pod istim uslovima, o čemu svjedoče različiti slučajevi u Republici Srpskoj i Federaciji BiH. Sloboda medija i uslovi rada novinara/ki gori su u odnosu na prethodni period, a velike su šanse da će se situacija pogoršati u narednom periodu, s obzirom na predstojeću izbornu kampanju. Manjinske i ranjive grupe i dalje žive u teškim uslovima. Diskriminacija i nasilje su sveprisutni, a izmjene Zakona o zabrani diskriminacije još ne daju željene rezultate na terenu u smislu bolje zaštite. Sveobuhvatne antidiskriminacijske politike i dalje ne postoje. Procesuiranje ratnih zločina i suočavanje s prošlošću, kao preduslovi za kreiranje zdravog okruženja i gradnju zajedničke države, predstavljaju dodatni problem. Politička podrška ratnim zločincima od strane lidera političkih stranaka nastavlja da dijeli već izrazito fragmentirano društvo.
More...
The latest available data on education of women was published by the Agency for Statistics BiH, like in previous years, and it has demonstrated the following: 36,939 students completed their primary education in 2014/2015, 18,246 of who were girls; 43,991 students completed their secondary education in 2014/2015, 21,402 of who were girls. 71,786 girls are attending secondary education in 2014/2015, out of the 143,881 students on the territory of the entire BiH. Therefore it is fair to say that girls and boys participate in primary and secondary education equally.
More...
It is on the basis of the world situation ... already elaborated in the Encyclical Sollicitudo rei socialis, that the unexpected and promising significance of the events of recent years can be understood. Although they certainly reached their climax in 1989 in the countries of Central and Eastern Europe, they embrace a longer period of time and a wider geographical area. In the course of the 80s, certain dictatorial and oppressive regimes fell one by one in some countries of Latin America and also of Africa and Asia. In other cases there began a difficult but productive transition towards more participatory and more just political structures. An important, even decisive, contribution was made by the Church’s commitment to defend and promote human rights. In situations strongly influenced by ideology, in which polarization obscured the awareness of a human dignity common to all, the Church affirmed clearly and forcefully that every individual—whatever his or her personal convictions—bears the image of God and therefore deserves respect. Often, the vast majority of people identified themselves with this kind of affirmation, and this led to a search for forms of protest and for political solutions more respectful of the dignity of the person. From this historical process new forms of democracy have emerged which offer a hope for change in fragile political and social structures weighed down by a painful series of injustices and resentments, as well as by a heavily damaged economy and serious social conflicts. Together with the whole Church, I thank God for the often heroic witness borne in such difficult circumstances by many Pastors, entire Christian communities, individual members of the faithful, and other people of good will; at the same time I pray that he will sustain the efforts being made by everyone to build a better future. This is, in fact, a responsibility which falls not only to the citizens of the countries in question, but to all Christians and people of good will. It is a question of showing that the complex problems faced by those peoples can be resolved through dialogue and solidarity, rather than by a struggle to destroy the enemy through war. Among the many factors involved in the fall of oppressive regimes, some deserve special mention. Certainly, the decisive factor which gave rise to the changes was the violation of the rights of workers. It cannot be forgotten that the fundamental crisis of systems claiming to express the rule and indeed the dictatorship of the working class began with the great upheavals which took place in Poland in the name of solidarity. It was the throngs of working people which foreswore the ideology which presumed to speak in their name. On the basis of a hard, lived experience of work and of oppression, it was they who recovered and, in a sense, rediscovered the content and principles of the Church’s social doctrine. Also worthy of emphasis is the fact that the fall of this kind of ‘bloc’ or empire was accomplished almost everywhere by means of peaceful protest, using only the weapons of truth and justice. While Marxism held that only by exacerbating social conflicts was it possible to resolve them through violent confrontation, the protests which led to the collapse of Marxism tenaciously insisted on trying every avenue of negotiation, dialogue, and witness to the truth, appealing to the conscience of the adversary and seeking to reawaken in him a sense of shared human dignity. It seemed that the European order resulting from the Second World War and sanctioned by the Yalta agreements could only be overturned by another war. Instead, it has been overcome by the non-violent commitment of people who, while always refusing to yield to the force of power, succeeded time after time in finding effective ways of bearing witness to the truth. This disarmed the adversary, since violence always needs to justify itself through deceit, and to appear, however falsely, to be defending a right or responding to a threat posed by others. Once again I thank God for having sustained people’s hearts amid difficult trials, and I pray that this example will prevail in other places and other circumstances. May people learn to fight for justice without violence, renouncing class struggle in their internal disputes, and war in international ones. The second factor in the crisis was certainly the inefficiency of the economic system, which is not to be considered simply as a technical problem, but rather a consequence of the violation of the human rights to private initiative, to ownership of property and to freedom in the economic sector. To this must be added the cultural and national dimension: it is not possible to understand man on the basis of economics alone, nor to define him simply on the basis of class membership. Man is understood in a more complete way when he is situated within the sphere of culture through his language, history, and the position he takes towards the fundamental events of life, such as birth, love, work and death. At the heart of every culture lies the attitude man takes to the greatest mystery: the mystery of God. Different cultures are basically different ways of facing the question of the meaning of personal existence. When this question is eliminated, the culture and moral life of nations are corrupted. For this reason the struggle to defend work was spontaneously linked to the struggle for culture and for national rights. But the true cause of the new developments was the spiritual void brought about by atheism, which deprived the younger generations of a sense of direction and in many cases led them, in the irrepressible search for personal identity and for the meaning of life, to rediscover the religious roots of their national cultures, and to rediscover the person of Christ himself as the existentially adequate response to the desire in every human heart for goodness, truth and life. This search was supported by the witness of those who, in difficult circumstances and under persecution, remained faithful to God. Marxism had promised to uproot the need for God from the human heart, but the results have shown that it is not possible to succeed in this without throwing the heart into turmoil. The events of 1989 are an example of the success of willingness to negotiate and of the Gospel spirit in the face of an adversary determined not to be bound by moral principles. These events are a warning to those who, in the name of political realism, wish to banish law and morality from the political arena. Undoubtedly, the struggle which led to the changes of 1989 called for clarity, moderation, suffering and sacrifice. In a certain sense, it was a struggle born of prayer, and it would have been unthinkable without immense trust in God, the Lord of history, who carries the human heart in his hands. It is by uniting his own sufferings for the sake of truth and freedom to the sufferings of Christ on the Cross that man is able to accomplish the miracle of peace and is in a position to discern the often narrow path between the cowardice which gives in to evil and the violence which, under the illusion of fighting evil, only makes it worse. Nevertheless, it cannot be forgotten that the manner in which the individual exercises his freedom is conditioned in innumerable ways. While these certainly have an influence on freedom, they do not determine it; they make the exercise of freedom more difficult or less difficult, but they cannot destroy it. Not only is it wrong from the ethical point of view to disregard human nature, which is made for freedom, but in practice it is impossible to do so. Where society is so organized as to reduce arbitrarily or even suppress the sphere in which freedom is legitimately exercised, the result is that the life of society becomes progressively disorganized and goes into decline. Moreover, man, who was created for freedom, bears within himself the wound of original sin, which constantly draws him towards evil and puts him in need of redemption. Not only is this doctrine an integral part of Christian revelation; it also has great hermeneutical value insofar as it helps one to understand human reality. Man tends towards good, but he is also capable of evil. He can transcend his immediate interest and still remain bound to it. The social order will be all the more stable, the more it takes this fact into account and does not place in opposition personal interest and the interests of society as a whole, but rather seeks ways to bring them into fruitful harmony. In fact, where self-interest is violently suppressed, it is replaced by a burdensome system of bureaucratic control which dries up the wellsprings of initiative and creativity. When people think they possess the secret of a perfect social organization which makes evil impossible, they also think that they can use any means, including violence and deceit, in order to bring that organization into being. Politics then becomes a ‘secular religion’ which operates under the illusion of creating paradise in this world. But no political society—which possesses its own autonomy and laws—can ever be confused with the Kingdom of God. The Gospel parable of the weeds among the wheat (cf. Mt 13:24-30; 36-43) teaches that it is for God alone to separate the subjects of the Kingdom from the subjects of the Evil One, and that this judgment will take place at the end of time. By presuming to anticipate judgment here and now, man puts himself in the place of God and sets himself against the patience of God. Through Christ’s sacrifice on the Cross, the victory of the Kingdom of God has been achieved once and for all. Nevertheless, the Christian life involves a struggle against temptation and the forces of evil. Only at the end of history will the Lord return in glory for the final judgment (cf. Mt 25:31) with the establishment of a new heaven and a new earth (cf. 2 Pt 3:13; Rev 21:1); but as long as time lasts the struggle between good and evil continues even in the human heart itself. What Sacred Scripture teaches us about the prospects of the Kingdom of God is not without consequences for the life of temporal societies, which, as the adjective indicates, belong to the realm of time, with all that this implies of imperfection and impermanence. The Kingdom of God, being in the world without being of the world, throws light on the order of human society, while the power of grace penetrates that order and gives it life. In this way the requirements of a society worthy of man are better perceived, deviations are corrected, the courage to work for what is good is reinforced. In union with all people of good will, Christians, especially the laity, are called to this task of imbuing human realities with the Gospel. The events of 1989 took place principally in the countries of Eastern and Central Europe. However, they have worldwide importance because they have positive and negative consequences which concern the whole human family. These consequences are not mechanistic or fatalistic in character, but rather are opportunities for human freedom to cooperate with the merciful plan of God who acts within history. The first consequence was an encounter in some countries between the Church and the workers’ movement, which came about as a result of an ethical and explicitly Christian reaction against a widespread situation of injustice. For about a century the workers’ movement had fallen in part under the dominance of Marxism, in the conviction that the working class, in order to struggle effectively against oppression, had to appropriate its economic and materialistic theories. In the crisis of Marxism, the natural dictates of the consciences of workers have re-emerged in a demand for justice and a recognition of the dignity of work, in conformity with the social doctrine of the Church. The worker movement is part of a more general movement among workers and other people of good will for the liberation of the human person and for the affirmation of human rights. It is a movement which today has spread to many countries, and which, far from opposing the Catholic Church, looks to her with interest. The crisis of Marxism does not rid the world of the situations of injustice and oppression which Marxism itself exploited and on which it fed. To those who are searching today for a new and authentic theory and praxis of liberation, the Church offers not only her social doctrine and, in general, her teaching about the human person redeemed in Christ, but also her concrete commitment and material assistance in the struggle against marginalization and suffering. In the recent past, the sincere desire to be on the side of the oppressed and not to be cut off from the course of history has led many believers to seek in various ways an impossible compromise between Marxism and Christianity. Moving beyond all that was short-lived in these attempts, present circumstances are leading to a reaffirmation of the positive value of an authentic theology of integral human liberation. Considered from this point of view, the events of 1989 are proving to be important also for the countries of the Third World, which are searching for their own path to development, just as they were important for the countries of Central and Eastern Europe. The second consequence concerns the peoples of Europe themselves. Many individual, social, regional and national injustices were committed during and prior to the years in which Communism dominated; much hatred and ill-will have accumulated. There is a real danger that these will re-explode after the collapse of dictatorship, provoking serious conflicts and casualties, should there be a lessening of the moral commitment and conscious striving to bear witness to the truth which were the inspiration for past efforts. It is to be hoped that hatred and violence will not triumph in people’s hearts, especially among those who are struggling for justice, and that all people will grow in the spirit of peace and forgiveness. What is needed are concrete steps to create or consolidate international structures capable of intervening through appropriate arbitration in the conflicts which arise between nations, so that each nation can uphold its own rights and reach a just agreement and peaceful settlement vis-a-vis the rights of others. This is especially needed for the nations of Europe, which are closely united in a bond of common culture and an age old history. A great effort is needed to rebuild morally and economically the countries which have abandoned Communism. For a long time the most elementary economic relationships were distorted, and basic virtues of economic life, such as truthfulness, trustworthiness and hard work were denigrated. A patient material and moral reconstruction is needed, even as people, exhausted by longstanding privation, are asking their governments for tangible and immediate results in the form of material benefits and an adequate fulfillment of their legitimate aspirations. The fall of Marxism has naturally had a great impact on the division of the planet into worlds which are closed to one another and in jealous competition. It has further highlighted the reality of interdependence among peoples, as well as the fact that human work, by its nature, is meant to unite peoples, not divide them. Peace and prosperity, in fact, are goods which belong to the whole human race: it is not possible to enjoy them in a proper and lasting way if they are achieved and maintained at the cost of other peoples and nations, by violating their rights or excluding them from the sources of well-being. In a sense, for some countries of Europe the real post-war period is just beginning. The radical reordering of economic systems, hitherto collectivized, entails problems and sacrifices comparable to those which the countries of Western Europe had to face in order to rebuild after the Second World War. It is right that in the present difficulties the formerly Communist countries should be aided by the united effort of other nations. Obviously they themselves must be the primary agents of their own development, but they must also be given a reasonable opportunity to accomplish this goal, something that cannot happen without the help of other countries. Moreover, their present condition, marked by difficulties and shortages, is the result of an historical process in which the formerly Communist countries were often objects and not subjects. Thus they find themselves in the present situation not as a result of free choice or mistakes which were made, but as a consequence of tragic historical events which were violently imposed on them, and which prevented them from following the path of economic and social development. Assistance from other countries, especially the countries of Europe which were part of that history and which bear responsibility for it, represents a debt in justice. But it also corresponds to the interest and welfare of Europe as a whole, since Europe cannot live in peace if the various conflicts which have arisen as a result of the past are to become more acute because of a situation of economic disorder, spiritual dissatisfaction and desperation. This need, however, must not lead to a slackening of efforts to sustain and assist the countries of the Third World, which often suffer even more serious conditions of poverty and want. What is called for is a special effort to mobilize resources, which are not lacking in the world as a whole, for the purpose of economic growth and common development, redefining the priorities and hierarchies of values on the basis of which economic and political choices are made. Enormous resources can be made available by disarming the huge military machines which were constructed for the conflict between East and West. These resources could become even more abundant if, in place of war, reliable procedures for the resolution of conflicts could be set up, with the resulting spread of the principle of arms control and arms reduction, also in the countries of the Third World, through the adoption of appropriate measures against the arms trade. But it will be necessary above all to abandon a mentality in which the poor—as individuals and as peoples—are considered a burden, as irksome intruders trying to consume what others have produced. The poor ask for the right to share in enjoying material goods and to make good use of their capacity for work, thus creating a world that is more just and prosperous for all. The advancement of the poor constitutes a great opportunity for the moral, cultural and even economic growth of all humanity. Finally, development must not be understood solely in economic terms, but in a way that is fully human. It is not only a question of raising all peoples to the level currently enjoyed by the richest countries, but rather of building up a more decent life through united labor, of concretely enhancing every individual’s dignity and creativity, as well as his capacity to respond to his personal vocation, and thus to God’s call. The apex of development is the exercise of the right and duty to seek God, to know him and to live in accordance with that knowledge. In the totalitarian and authoritarian regimes, the principle that force predominates over reason was carried to the extreme. Man was compelled to submit to a conception of reality imposed on him by coercion, and not reached by virtue of his own reason and the exercise of his own freedom. This principle must be overturned and total recognition must be given to the rights of the human conscience, which is bound only to the truth, both natural and revealed. The recognition of these rights represents the primary foundation of every authentically free political order. It is important to reaffirm this latter principle for several reasons: (a) because the old forms of totalitarianism and authoritarianism are not yet completely vanquished; indeed there is a risk that they will regain their strength. This demands renewed efforts of cooperation and solidarity between all countries; (b) because in the developed countries there is sometimes an excessive promotion of purely utilitarian values, with an appeal to the appetites and inclinations towards immediate gratification, making it difficult to recognize and respect the hierarchy of the true values of human existence; (c) because in some countries new forms of religious fundamentalism are emerging which covertly, or even openly, deny to citizens of faiths other than that of the majority the full exercise of their civil and religious rights, preventing them from taking part in the cultural process, and restricting both the Church’s right to preach the Gospel and the rights of those who hear this preaching to accept it and to be converted to Christ. No authentic progress is possible without respect for the natural and fundamental right to know the truth and live according to that truth. The exercise and development of this right includes the right to discover and freely to accept Jesus Christ, who is man’s true good.
More...
Taking into account the variety of potential visions of sexuality, modern ethical standards, the dissimilarity of vital women and man ethos, and the transformation of modern morality, in spite of a distaste for the religious environment, the right to marriage should be connected with the right the dissolution of a marriage. The postulated equality means equality of this law for both woman and man, which was historically connected with different entitlements.
More...
The occurrence of international child abductions is not of a recent age, although the term “abduction” is of a relatively recent date. By studying ancient legal sources (Roman law, rights in ancient Greece, rights in Mesopotamia etc.) legal fragments are found that refer to parents who “take their child”, parents who “keep their child”, parents to whom the child “belongs” or similar. International abduction, or illegal removal of a child from one country to another, is a problem which entails a series of open questions closely related to the child’s personality, while legally speaking, such a phenomenon leads to the conflict of laws and jurisdictions between different states, or the state of the child’s usual residence and state in which the child is taken unlawfully.States tend to come up with the best solutions regulating the conflict of laws and jurisdictions between states, trough the prism of the international law, including the achievements of the Hague Convention on the civil rights aspects of international child abductions.
More...
Posljednji dostupni podaci o stanju u oblasti obrazovanja žena koje je izradila Agencija za statistiku BiH, kao i prethodnih godina, utvrdile su sljedeće: osnovno obrazovanje na kraju školske 2014/15. Godine okončalo je 36.939 učenika_ca od kojih je ukupno 18.246 učenica, a srednju školu u školskoj 2013/14. godini od ukupno 43.991 učenika_ca okončalo je 21.402 djevojaka. Zabilježen je podatak da srednju školu u 2014/15. pogađa 71.786 učenica od ukupno 143.881 učenika_ca na cijelom teritoriju BiH. Može se zaključiti da učenice i učenici ravnopravno učestvuju u osnovnom i srednjem obrazovanju. [...]
More...
Ministarstvo za ljudska prava i izbjeglice Bosne i Hercegovine je tokom 2017. godine izradilo i uputilo Nacrt akcionog plana za ravnopravnost LGBTI (lezbejki, gej, biseksualnih, transrodnih i interspolnih) osoba u Bosni i Hercegovini 2018–2020. entitetskim vladama. Akcioni plan prati strukturu preporuka Odbora ministara Vijeća Evrope državama članicama vezano za suzbijanje diskriminacije na osnovu seksualne orijentacije i rodnog identiteta te sadrži pregled stanja, neophodne mjere i očekivane rezultate. Vlada Federacije Bosne i Hercegovine (FBiH) je na sjednici održanoj u septembru 2018. dala pozitivno mišljenje na upućeni Nacrt navodeći da su potrebne određene korekcije koje se odnose na finansijski okvir, metodologiju vrednovanja realizovanih aktivnosti te uključivanje pojedinih državnih subjekata, kao što je to bio slučaj sa Centrom za edukaciju sudija i tužilaca Federacije Bosne i Hercegovine (CEST FBiH). Može se zaključiti da u FBiH blagi napredak na ovom polju jeste postignut, uz napomenu da nije izvjesno kada će doći do usvajanja s obzirom na to da nisu poduzete nikakve daljnje mjere te da se trenutno formira nova vlada FBiH. Vlada Republike Srpske (RS) očitovala se negativno o predloženom Nacrtu, navodeći kao razlog neprovođenje javnih konsultacija s nadležnim institucijama RS prilikom izrade. Do momenta pisanja izvještaja Vlada Brčko distrikta nije se očitovala o Nacrtu akcionog plana za ravnopravnost LGBTI osoba. [...]
More...
During 2017, the Ministry of Human Rights and Refugees of Bosnia and Herzegovina (MHRR BiH) developed and sent a draft 2018-2020 Action Plan for Equality of LGBTI persons in Bosnia and Herzegovina to Entity governments. The Action Plan follows the structure of recommendations of the Committee of Ministers of the Council of Europe to member states concerning prevention of discrimination on grounds of SOGI, and contains and overview of the state of affairs, necessary measures and expected results. At a session held in September 2018, the Government of Federation of Bosnia and Herzegovina (FBiH) gave a positive opinion about the received Draft, noting that it needed certain corrections with regard to the financial framework, methodology of evaluation of implemented activities, and inclusion of some governmental bodies as leading institutions (JPTC FBiH, for example). One can conclude that a minor progress has been achieved in this field in FBiH, noting that the date of adoption is uncertain, considering that no further measures have been taken since, and that a new FbiH Government is currently in the process of establishment. The Government of Republika Srpska (RS) gave a negative opinion about the proposed Draft because “public consultations with competent institutions of the RS were not conducted during the development process”. Until the time of writing this report, the Brčko District Government did not issue an opinion about the draft Action Plan for equality of LGBTI persons.
More...
Decembarski zahtjevi 2014-2018 obuhvataju 78 zahtjeva koji su predstavljali listu prioritetnih i konkretnih obaveza za nositelje/ice vlasti na svim nivoima u mandatnom periodu 2014. – 2018. godine. Zahtjeve je istaknula Inicijativa za monitoring evropskih integracija u decembru 2014. godine, a dostupni su na: http://eu-monitoring.ba/decembarski-zahtjevi-2014-2018/. Navedeni zahtjevi fokusirani su prije svega na pitanja funkcionisanja države, vladavine prava i ljudskih prava ili ono što bi u pravnoj stečevini EU potpadalo pod poglavlja 23 i 24. Na kraju mandatnog perioda u 2018. godini moguće je povući liniju i dobiti jasnu predstavu o tome koliko je učinjeno za protekle četiri godine u navedenim poljima. Većina obaveza identifikovanih kao prioritetne u Decembarskim zahtjevima su i dalje aktuelne i zapravo se velikim dijelom podudaraju s nalazima i preporukama Evropske komisije koje čitamo iz godine u godinu. [...]
More...
Brojni međunarodni sporazumi kojima je Bosna i Hercegovina pristupila, kao i ustavi koji su na snazi garantuju zabranu različitih oblika diskriminacije. Prava propisana međunarodnim dokumentima i ustavnim odredbama pretočena su u zakonske odredbe kroz Zakon o zabrani diskriminacije, ali i Zakon o ravnopravnosti spolova u Bosni i Hercegovini. Zahvaljujući izmjenama i dopunama Zakona o zabrani diskriminacije iz 2016. godine, sva javna tijela i ostala pravna lica obavezna su osigurati učinkovite interne procedure za zaštitu od diskriminacije. Kao principi za interni postupak za zaštitu od diskriminacije navode se određenost, svrha postupka, zakonitost, dobrovoljnost, dostupnost, nepristrasnost, efikasnost i ekonomičnost, diskretnost te konačnost postupka i izvršivost odluke. Praksa pokazuje da ne postoje posebni pravilnici kojima se uvode interne procedure za zaštitu od seksualnog i rodno zasnovanog uznemiravanja, mobinga i drugih oblika diskriminacije, odnosno da ne postoje pravila kojima se na sistemski način tretira pitanje zaštite od diskriminacije unutar javnih tijela i pravnih lica. Ukoliko ovakve odredbe postoje, one su u sklopu drugih akata na koje su ova pravna lica obavezna po osnovu drugih posebnih zakona. Kao pozitivan primjer mogu se navesti Smjernice za prevenciju seksualnog i rodno zasnovanog uznemiravanja Pravnog fakulteta Univerziteta u Sarajevu kojima je uvedena interna procedura koja služi osobi izloženoj navodnom neželjenom ponašanju da ovakvo ponašanje zaustavi u dobroj vjeri. Organizacije civilnog društva su takođe već ranije objavile Smjernice za donošenje pravilnika o nediskriminaciji u institucijama sa modelom pravilnika. S tim uvezi, preporuke ove publikacije za javna tijela i pravna lica se, između ostalog, odnose i na: upoznavanje javnih tijela i pravnih lica sa obavezom uvođenja navedene procedure; donošenje odluke o prirodi procedure; postupak koji je zasnovan na principu zaštite žrtve od diskriminacije; obavezu da se osoblje upozna sa internom procedurom; te obavezno vođenje evidencija o pojavama i oblicima diskriminacije.
More...
In December 2018, Sarajevo Open Centre gathered potential members of the Initiative by targeting expert human rights organizations in different fields. The Initiative was established in December 2018, and started the work on reporting in January 2019. The methodology included choosing the recommendations from the previous 2nd cycle of the Universal Periodic Review (UPR), desk research of the recommendation status, researching the measures and activities necessary for the realization of the recommendation, measure realization status and the activities of the recommendation in Bosnia and Herzegovina, as well as the recommendations for the relevant institutions. Considering that the members of the coalition have been acting in the field of human rights protection and promotion in BiH for a number of years, apart from desk research, they have also used the information gathered during their work with the target groups. In the period 2015-2019, Bosnia and Herzegovina faced many challenges which had an effect on the protection of human rights of the BiH citizens. Numerous irregularities and complaints on the election process occurred during the previous general and local elections, as well as during the last elections. Failure to comply with the verdicts of the European Court of Human Rights is a clear indicator that the governing structures in BiH are not ready for the constitutional amendments and the amendments to the Election Law in order to implement these rulings. Additionally, freedom of assembly is still seen as a security threat, instead of as a human right, at all levels of BiH government. Also, the greatest issues for media freedom are threats and attacks on the journalists and media, and the political pressures which are manifested in different ways. The legal framework which guarantees women’s human rights in Bosnia and Herzegovina is fragmented, which does not contribute to the safety of women and girls in the society, and it also signifies the lack of harmonization with the international documents. The conclusion of this report is that the state and its institutions achieved very little progress (or no progress at all) regarding the implementation of the recommendations of the Universal Periodic Review. With this report, we encourage the UN Human Rights Council and all the member states to apply democratic pressure on the local decision makers, using their recommendations and activities in their embassies in BiH, and to support the efforts of the citizens and the civil society to ensure the respect for the human rights of all BiH citizens.
More...
Experiences of homophobia and transphobia remain very common in Bosnia and Herzegovina (BiH) with limited or no action taken by authorities to address such discrimination, harassment and violence. Regular attacks against LGBT persons as well as attacks against LGBT human rights defenders and hateful comments in print, online and electronic media further fuel the atmosphere of intolerance against LGBT people. The complex federal system, the low level of progress in the field of rule of law and the generally low level of visibility of LGBT persons and LGBT activism allow political structures to be negligent in their protection of LGBT rights. On the positive side, police forces have also demonstrated increased willingness to take into account LGBT-specific issues. In one of the Cantons of the Federation of BiH, Canton Sarajevo, they have even collaborated with civil society and Sarajevo Open Centre on their own sensitization in an effort to increase the both the trust of LGBT persons in governmental institutions as well as the number of reported cases. Nevertheless, the attack on the Merlinka Festival shows that the freedom of assembly for LGBT persons is not guaranteed. There is an obvious need to continue working with law enforcement institutions (police, prosecutors’ offices and courts). Violations of the human rights of LGBT persons in BiH represents a much wider spectrum of individual cases of discrimination or violence, and points to institutional and legislative neglect, disregard of the needs and rights of LGBT persons and the unwillingness of state institutions to implement the laws of Bosnia and Herzegovina. As a quantitative research project showed,1 there is a very low level of sensitization throughout the general population towards LGBT people, as well as insufficient knowledge about the problems that LGBT people face. 56.5% of the respondents said “homosexuality must be cured,” which is a result of a lack of knowledge and plethora of entrenched stereotypes about homosexuality, which has been removed from the list of illnesses and social disorders. For three fourths of the respondents, same-sex kissing in public is unacceptable, whereas having a sex change is considered repulsive by 59.5%. In 2013, the LGBT community has become more visible within BiH society, especially through the work of human rights organisations who work to prevent discrimination and violence against LGBT persons. However, a large percentage of LGBT persons still live in hiding, making invisibility one of the biggest problems in the community. The first step to be recognized and protected is to be visible and claim your rights, especially in a politically challenging context like contemporary BiH.
More...
Patria potestas deploys a great amount of effects on the persons and the goods of the roman filii familias. This study aims to approach these legal effects and brings a general investigation in the roman family law context.
More...
The article looks at Roman financial and tax law, united under the name „ius fiscale“, as distinct from „ius fisci“. Fiscal rights and obligations of individuals as taxpayers are defined. Particular attention has been paid to the tax jurisdiction and to some of the tax cases discussed by Calistrat. The author assumes that, although the regulation of fiscal issues in ancient Rome is too close to modern times, the systematics and some institutes that look nominally identical cannot be fully understood.
More...
The research covers issues related to issuing customs decisions on the application of EU customs legislation. There is currently no in-depth discussion on these issues. The practice of the administrative authorities competent to issue acts on the application of customs legislation reveals uncertainty and still ignorance of the new legal framework, which undoubtedly leads to contradictions in the judicial resolution of legal disputes. This article is part of a larger study on administrative service delivery by Member States' customs administrations in the EU and aims to clarify and analyze problematic issues.
More...
The institute of state aid is essentially a system of rules whereby the European legal system provides a balance between support from Member States in seeking to achieve a well-functioning and stable economy and free and fair competition within the Union. This balance is a challenge for the control authorities, as it must combine the internal market principles with the willingness of individual Member States to finance their own businesses by public funds. This study will examine an interesting question related to a specific type of decisions of the European Commission concerning the granting of unlawful state aid in the sale of land and buildings by public authorities and the problems that the implementation of such a decision (as a type of Public claim) can create for the effective recovery of aid in the state budget.
More...
The text relates certain standard-setting judgments of Bulgarian criminal and civil courts in cases brought against the media for insult and defamation. Also, consideration isgiven to the general principles and limitations of the freedom of expression with regard todefamation in the case law of the ECHR.
More...