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Due to the extraordinary circumstances caused by the covid-19 virus, numerous states adopted different measures in order to mitigate the consequences of the epidemic, and many of them represented a restriction of human rights and freedoms. This paper is devoted to the analysis of (legal) consequences caused by epidemic measures in the Republika Srpska adopted during the state of emergency. In particular, the legal and sub-legal provisions regulating the actions of authorities in extraordinary circumstances are analyzed, as well as the practice of the Constitutional Court of the Republika Srpska. The aim of the paper is to show that the by-laws, enacted during the state of emergency, were largely in conflict with constitutional and statutory provisions, and it is particularly striking that numerous measures were enacted by non-competent authorities. Although it is an unquestionable obligation of the state to react in a state of emergency, that reaction must be in accordance with the principles of constitutionality and legality, since extraordinary circumstances cannot be an excuse for violating the fundamental values of the legal order. From that point of view, the decisions of the authorities of the Republika Srpska during the state of emergency caused by the covid-19 virus are paradigmatic, but as an anti-model. [ABSTRACT FROM AUTHOR]

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The process of political shaping of the right to a healthy environment, started with the adoption of the Stockholm Declaration in 1972, basically ended only fifty years later, when the United Nations Assembly adopted the Resolution declaring access to a clean, healthy and sustainable environment as a universal human right. At the beginning of the long journey, the responsibilities for implementing the decisions expressed in the Stockholm Declaration were divided between the member states, on the one hand, and the international community, on the other.The dominant position was given to state authorities. It was agreed that they must be entrusted with the task of planning, managing and controlling ecological resources, in order to improve the quality of the environment, and that states have the right to sovereignly exploit their own resources in accordance with their environmental protection policy. On the other hand, the belief was expressed that the international community will find a source of strength for later concrete action in the Stockholm Declaration. Since then, very modest progress has been made at international level. Official UN statements noted that the 2022 Resolution is not legally binding for 193 member states, but that its proponents hope it will encourage countries to enshrine the right to a healthy environment in national constitutions and regional treaties and encourage them to implement laws that relate to that right, and that it will help people fight for their right to a safe climate, their right to breathe clean air and their rights to access clean and safe water, adequate food, healthy ecosystems and a non-toxic environment. In the global context, the right to a healthy environment is still aspirational (imperfect, unfinished), something that still needs to be fought for at the national level. It will remain so until the consumer society model is replaced by a new form of social organization, which will be based on a different value system. Such a conclusion is also indicated by the reasonable, well-balanced judgement of the Court of Justice of the European Union at the end of 2022, in the case of JP v. Ministre de la Transition écologique (C-61/21). It stated that the provisions of the directives related to air quality must be interpreted in the sense that they do not aim to give individuals the right to seek compensation from the member state for loss and damage caused by the state’s violation of EU law, but that it does not excludes the possibility of an individual claiming compensation from the state on the basis of national law. During the past half century, about 150 countries around the world have constitutionalized the right to a healthy environment. It thus, at the national level, gained a significantly different physiognomy and more effective protection not only before the courts of general jurisdiction, but also before the constitutional courts, in proceedings regarding constitutional appeals. However, some new problems arise here. Among them, the competition (conflict) of property rights and certain sectoral rights included (integrated) within universal human right to a healthy environment, such as the right to water, which is discussed in this paper, is particularly significant. In conditions where it is not possible to satisfy the interests of everyone, states will be forced to prioritize their own citizens, and that means civil (private) rights, over universal human rights for the sake of social stability and the preservation of internal order. The process of constitutionalization will be slowed down, and it is possible that in some countries a kind of deconstitutionalization will be carried out, by amending the constitution or informally, through a more restrictive application of universal human rights and more restrictive decision-making regarding constitutional appeals. In the final part of the paper, it was stated that the boundaries between traditional subjects and objects of law are gradually being erased and that the environment must eventually be understood as a community of all living beings, which has a specific legal subjectivity and the right to be healthy. [ABSTRACT FROM AUTHOR]

One of the positive innovations in the field of labour law is the introduction of the “due diligence” standard. Altough this principle has long been known and applied in other areas of law, it is new in labour law. The global application of due diligence standard, found in UN, ILO, OECD documents, and soon in the EU directive, as well as in many national laws, should lead to better and more comprehensive protection of the human rights of employees, as well as of all other persons regarding that work. This paper discusses more about the meaning, development and application of due diligence standards in the context of employee rights. [ABSTRACT FROM AUTHOR]

This paper examines the legal framework for the protection of human rights in situations of extreme crisis in the European legal area, in order to achieve a coherent understanding of legal standards that will lead to their more uniform application. Through an in-depth analysis of the meaning and scope of the provisions of Article 15 of the European Convention, as well as the corresponding practice of the European Court of Human Rights, the authors determine under what conditions the suspension of certain rights and freedoms is legally permissible, and which state measures adopted in extraordinary circumstances represent the protection of the public interest, and which go beyond the scope of the most necessary measure required by the given situation and represent a violation of the rights and freedoms of the individual. This work is based on the idea that specific limitations for the enjoyment of human rights are necessary and justified. It is a well-known that only a limited number of human rights are absolute and as such are immune to any restrictions regardless of the circumstances and justifications. However, this does not reduce the need for the measures that the state resorts to in times of crisis to be strictly controlled. [ABSTRACT FROM AUTHOR]

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Annals of the Faculty of Law in Belgrade is the property of University of Belgrade, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper analyzes the theory of Islam as a religion that could have formed a rationalistic civilization, based on scientific progress, individualism and democracy. One of the representative studies on this topic is the work of Mustafa Akyol Reopening of Muslim Minds, in which the author uses the method of counterfactual analysis, posing the fundamental question: what would Islamic civilization look like if in the Sunni majority had not prevailed Ash’ari theology, but rationalistic, Mu’tazili theology? Although it could be said that the author of this study does not err when he concludes that Ash’ari occasionalism stopped the development of science in Islam, he nevertheless errs when he claims that the doctrines of voluntarism, predestination, and uncreatedness of the Qur’an, were generators of injustice in Islamic society. In this paper we tried to analyze the metaphysical foundations of these doctrines, re-examine the validity of the hypothesis about their harmfulness, and re-examine whether the observed harmful effects come from Islamic tradition or from the more recent attempts of modernization of Islam.

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of TEME: Casopis za Društvene Nauke is the property of TEME: Casopis za Drustvene Nauke and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Srpska Pravna Misao is the property of University Banja Luka, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Srpska Pravna Misao is the property of University Banja Luka, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of TEME: Casopis za Društvene Nauke is the property of TEME: Casopis za Drustvene Nauke and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Srpska Pravna Misao is the property of University Banja Luka, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The aim of this paper was to, from the legal theory point of view, consider the right of ownership on construction land in cities in a short historical overview and the state of positive law in the Republic of Serbia. The paper presents a brief historical overview, three short pictures of Gortina, Rome, Paris, selected with respect to where the legal theory gave its contribution to the vision of property rights on construction land. The classical theory of the Roman law on the right of ownership was presented, including the right of management, use and disposal, whereby in cities the right of use is limited, equalized with the neighbors, which on the other hand contributes to comfort and convenience. Attention was also drawn to the rule of Superficies Solo Cedit, that the constructed facility follows the legal fate of the land and there can be no right only on the constructed real estate, independently. The second part provides a very brief comparative overview of the attitude of cities towards the human right to peaceful enjoyment of property, as one of the basic human rights of the first generation, which also refers to construction land. The third part presents a brief overview of the recent history of Belgrade after the liberation from the Turks in connection with the city land, the attitude towards expropriation as an expression of respect of the human right to peaceful enjoyment of property. Then, the legal history from the end of the Second World War is presented in more details. Finally, the third part presented the shortest, positive law on construction land in connection to the legal theory. In conclusion, it is stated that the Law on Planning and Construction from 2009, as a positive regulation, fluctuates between the consistent application of human rights to the peaceful enjoyment of property, as well as the emerging rule of the Roman law, that builds real estate; shares the legal fate of land and that this is adopted; the principle in the law that applies and contributes to the introduction of order in legal relations on construction land in the Republic of Serbia.

The process of political shaping of the right to a healthy environment, started with the adoption of the Stockholm Declaration in 1972, basically ended only fifty years later, when the United Nations Assembly adopted the Resolution declaring access to a clean, healthy and sustainable environment as a universal human right. At the beginning of the long journey, the responsibilities for implementing the decisions expressed in the Stockholm Declaration were divided between the member states, on the one hand, and the international community, on the other.The dominant position was given to state authorities. It was agreed that they must be entrusted with the task of planning, managing and controlling ecological resources, in order to improve the quality of the environment, and that states have the right to sovereignly exploit their own resources in accordance with their environmental protection policy. On the other hand, the belief was expressed that the international community will find a source of strength for later concrete action in the Stockholm Declaration. Since then, very modest progress has been made at international level. Official UN statements noted that the 2022 Resolution is not legally binding for 193 member states, but that its proponents hope it will encourage countries to enshrine the right to a healthy environment in national constitutions and regional treaties and encourage them to implement laws that relate to that right, and that it will help people fight for their right to a safe climate, their right to breathe clean air and their rights to access clean and safe water, adequate food, healthy ecosystems and a non-toxic environment. In the global context, the right to a healthy environment is still aspirational (imperfect, unfinished), something that still needs to be fought for at the national level. It will remain so until the consumer society model is replaced by a new form of social organization, which will be based on a different value system. Such a conclusion is also indicated by the reasonable, well-balanced judgement of the Court of Justice of the European Union at the end of 2022, in the case of JP v. Ministre de la Transition écologique (C-61/21). It stated that the provisions of the directives related to air quality must be interpreted in the sense that they do not aim to give individuals the right to seek compensation from the member state for loss and damage caused by the state's violation of EU law, but that it does not excludes the possibility of an individual claiming compensation from the state on the basis of national law. During the past half century, about 150 countries around the world have constitutionalized the right to a healthy environment. It thus, at the national level, gained a significantly different physiognomy and more effective protection not only before the courts of general jurisdiction, but also before the constitutional courts, in proceedings regarding constitutional appeals. However, some new problems arise here. Among them, the competition (conflict) of property rights and certain sectoral rights included (integrated) within universal human right to a healthy environment, such as the right to water, which is discussed in this paper, is particularly significant. In conditions where it is not possible to satisfy the interests of everyone, states will be forced to prioritize their own citizens, and that means civil (private) rights, over universal human rights for the sake of social stability and the preservation of internal order. The process of constitutionalization will be slowed down, and it is possible that in some countries a kind of deconstitutionalization will be carried out, by amending the constitution or informally, through a more restrictive application of universal human rights and more restrictive decision-making regarding constitutional appeals. In the final part of the paper, it was stated that the boundaries between traditional subjects and objects of law are gradually being erased and that the environment must eventually be understood as a community of all living beings, which has a specific legal subjectivity and the right to be healthy.

Right to personal data protection is guaranteed by the Constitution of the Republic of Serbia. This human right covers the protection of all kind of personal data, including information relating to patient` s medical condition. The paper deals with the issue of the permissible restrictions of this right, with particular reference to the protection of the health of others, as a permissible reason of restrictions. In a boarder sense, the paper deals with the relationship between two basic human rights: right to personal data protection and right to health protection (of others). The normative framework is consisted of the Constitution of the Republic of Serbia, ratified international human rights treaties (especially the European Convention on the Protection of Human Rights and Fundamental Freedoms) as well as laws relating to the field of health care. [ABSTRACT FROM AUTHOR]

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The gender identity of every person represents an integral part of their personality and belong to one of the basic aspects of self-definition, dignity and freedom. A certain number of people do not identify themselves with the sex allotted to them at birth, a problem arising regarding their inner comprehension of gender (self-defining), which does not correlate to the sex. Those people are called trans people. In this paper, the author examines the position of trans people is individuals of different gender identity through the prism of the realization and protection in the field of labour rights and the rights arising from employment Trans people belong to one of the most vulnerable (most discriminated groups within society - discrimination is most evident in case of seeking a work placement and during employment, while the key performers are the state and its institutions. It could be said that conditioning and interdependence between the legal procedure of adjustment of gender identity and medical interventions, leave the legal and life status of a transgender person in vacuum", which leads to the situation of gender identity being the grounds for further transphobia and discrimination of transgender people in all the aspects of human rights realizarion. However, in the procedure of further adjustment of gender identity, a transgender person can be registered in the birth certificate register, they can change their personal documents only based on the certificate of a health institution that they have been through a therapy prescribed by an endocrinological check-up and a year-long hormone hold" In practice, such regulations put „on the personal status of a transgender person, which leads to the discrimination of transgender people based on gender identity, especially in the phase of transition, when the changes are visible but non-compliant with the sex verified in personal documents. Therefore, u is crucial that, Instead of partial amendments to certain laws, an umbrella law (lex specialis) be adopted - Law on Gender Identiny. [ABSTRACT FROM AUTHOR]

this paper at tempts to answer the question as to whether the right to "life and death" of a wo man (ius vitae ac necis) at the hands of male family members or partners is in deed a timeless category. Is it possible that in Serbia of the 21st century there is still a struggle to promote the "right to life" of wo men to the level of "basic hu man rights"? What contributed to the fact that the concept of innate human dignity based on "human rights", which dates back from the feudal social order, has not as yet fully come to life in Serbia as far as women are concerned. What social circumstances contributed to the Romanius vitae acnecis to outlive centuries and take root especially in Serbia, only under a different name - that of femicide? This notion has been defined as "gender based murder of women, girls, and babies of female sex by persons of the male sex". The murderers in cases of femicide include partners (ex/current, spouses or extramarital), family members or relatives: father, father-in-law, son, son-in-law, etc. Both expert and general public wan der whether enforcing more stringent norms by authorities or acting towards changing the consciousness of the abusers or both at the same time, can con tribute to eradicating this devastating phenome non in the 21st century. [ABSTRACT FROM AUTHOR]

Copyright of Annals of the Faculty of Law in Belgrade is the property of University of Belgrade, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Knjiženstvo is the property of University of Belgrade, Faculty of Philology and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper deals with the issue of activities of international committees for the protection of human rights, which are created by universal treaties for the protection of human rights, such as International Covenant on Civil and Political Rights, Convention Against Torture, Convention on the Elimination of All Forms of Racial Discrimination and other. The committees have jurisdiction to consider reports of the States Parties on the implementation of a releVant international treaty by which they were created. Also, the procedures of inter-state and individual communications are significant. Certain conditions of the admissibility of a communication, which are almost identical for every committee, should be fulfilled. Before initiating an international procedure State Party has the opportunity to remedy all the negative consequences that were caused by the violation of human rights and for that reason all available national legal remedies should be used. Also, the communications have to be compatible with the relevant convention, which means that individual has to address the right envisaged by the convention. In the procedures before a committee, the facts are investigated and the committee gives a decision or the opinion whether certain human rights had been violated. During the procedure interim measures could be ordered to prevent irreparable harm for the applicant. Decisions of the committees are not binding; however they influence a state to respect human rights of individuals in its jurisdiction. If the decisions were binding that would significantly contribute to the efficiency of the human rights protection before the committees. For that to happen, there should be explicit consent of the State Parties and the treaties, by which the committees are created, should be modified. [ABSTRACT FROM AUTHOR]

The focal point of this paper stands on the polyvalent nature of secularity which is detected through itsvarious forms and practical application as well as through ideological instrumentalization resulting inextreme derivatives. There is the specific influence of secular ideas and practices on the Bosniak socialcontext, which has been marked during historical development by different phases of the relationshipbetween religion and the state, dating back from the middle of the 20th century consequently leading tohighly difficult and complex changes within the Bosniak existence. These changes were primarily aimedat a completely new perception of the notion itself and a considerably decreased application of religiousstandards. Those standards have sustained under the pressure of secular moralities hence transformedinto the pattern that has transitioned to antidotes briefly described by the phrase "fluctuating religiosity".It was these compromise solutions that enabled the "soft" transformation of Islamic legal norms intoreligious-moral norms (as a milder and more acceptable form of normative determination). Thisconversion of the Islamic spirit, practice, and worldviews of Bosniaks retain the amassing consequenceson a significant contingent of identity categories. The whole process is being critically assessed throughsociological analysis in this paper. Taking into account the Bosniak path through modernity, whichbegins in the late 19th century; secularization represented a serious Rubicon that needed to be bridged,and within the framework of new understandings of religiosity to build a necessary and adequate framefor the preservation of religious and ethnonational identity. On the example of Bosniak practice whichhas found a middle ground between nominally irreconcilable secular laws and religious imperatives, ageneral conclusion can be drawn about the existence of a probable sociological model of harmonizationof different antagonisms in the relationship between the state and religion that affirm ideas such asseparation with cooperation, overlapping consensus or neutrality with respect, guaranteeing fundamentalfreedoms and human rights and within them; inter alia, the preservation of religious sovereignty, identityand practice, which opens the door to convergent perspectives in a global context.

This paper analyzes the constitutional position of Bosnia and Herzegovina (BiH) between constitutional nationalism and human rights. In its judgments in Sejdić and Finci v. BiH, and Zornić v. BiH, the European Court of Human Rights (ECtHR) found that the BiH Constitution was not in line with the European Convention on Human Rights and Fundamental Freedoms (ECHR). Namely, the privilege of the three constituent peoples in the Constitution of BiH, the ECHR was assessed as contrary to the prohibited discrimination prescribed by the ECHR. In this sense, the paper analyzes the current Bosnian constitutional model of a form of consociational democracy or constitutional nationalism. The authors analyze the presumption of the ECtHR in terms of the (non) existence of a legitimate goal for maintaining discriminatory provisions in the Constitution of BiH. Also, the paper analyzes the importance of the implementation of the ECtHR judgment for the future of the rule of law in BiH.

Copyright of Yearbook of Banjaluka Law School / Godisnjak Pravnok Fakulteta u Banjaluci is the property of University Banja Luka, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Corporate crime became a serious criminal phenomenon on a national, regional, and global level. The fact that a large number of states have decided to start punishing corporations with criminal sanctions is the result of an objective examination of social reality, which has unequivocally shown that serious crimes are continually committed on behalf of and for the benefit of legal persons, and that those acts inflict serious damage to states, society, and individual rights. This paper explains the concept and the main characteristics of corporate crime and presents its similarities with and differences from related forms of criminal conduct. The violation of human rights by legal persons is classified according to the object of criminal-law protection, i.e. according to the nature and importance of the right that has been violated. Review and analysis of paradigmatic examples of threats and violations of human rights include criminal activities of legal entities in the fields of protection of life, liberty and security, political rights, environmental and human health, and the right to safe and healthy work. The paper then presents prominent cases of corporate violations of human rights and analyzes the concept of corporate criminal liability as an adequate response to the challenges of corporate crime. Finally, the paper provides an overview of Serbian criminal legislation in this field. [ABSTRACT FROM AUTHOR]

Although civil rights and liberties have traditionally been viewed through a relationship between the state and the individual (i.e. the obligation of the state to refrain from interfering with individual rights and liberties), important aspects in exercising these rights and liberties are associated with the employer-employee relationship. This is due to the fact that, by entering into employment, an employee agrees to limit his/her autonomy at work to the extent necessary to perform under the power of an employer. Therefore, one of the focal issues of labour law is how to protect employees from the abuse of managerial, normative, and disciplinary prerogatives by the employer, which includes creating the conditions to effectively exercise the freedom of expression, the right to a private life, as well as other rights and liberties in the workplace. Any idea related to this issue will be incomprehensible unless it is built into a broader context that includes the links between the history of the human rights law and the sphere of employment relations. Hence, this paper first examines the issue of employees as holders of human rights and liberties. Subsequently, the paper examines the most important requirements and obstacles for enjoyment of civil rights and liberties in the workplace. A special section of this paper is dedicated to analyzing the strict requirements for exceptional limitation of liberties and rights of employees, while the conclusion deals with various theoretical interpretations of the recent "ascent" of civil rights and liberties within the field of labour law. [ABSTRACT FROM AUTHOR]

The subject of this paper is human trafficking. Degrading treatment, cruelty and exploitation of the difficult position of an individual make this behavior, this crime, an absolutely unacceptable social phenomenon, because it essentially annuls the achieved level of respect for human rights, above all human dignity and physical integrity of each victim. The main goal of this paper is to prove that human trafficking, but also a particularly sensitive category - children, is present in our society, in our country and that the victims of this phenomenon can be all of us, our closest, members of our families. The commitment of the international community and the efforts that all countries are making to combat this phenomenon clearly appeal to the extent to which its repercussions are negative on the life and survival of people as independent and free citizens. In the first part of the paper, a terminological distinction is made between the term individual and all other terms used as its synonyms. The next part of the paper is dedicated to the definition of human trafficking in international and national law and the analysis of comparative legal regulations in this area. The research of the frequency of human trafficking and child trafficking for adoption on the territory of the Republic of Serbia in the eleven-year period covered the last part of the work and through the research of court practice indicates the current state of this phenomenon in our society.

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region was passed in June 2020 provoking the global outcry. The aim of this paper is to assess the compliance of the said law with the sources of international law, which are most relevant for the assessment of the problematic points of new legislation. In providing the analysis, the paper will not be focused only on the sources of international law, which are currently applicable. Instead, the previous relevant legal framework will also be taken into consideration where appropriate.

Business today imposes the need to be harmonized not only with domestic, but also with international legal norms and standards. It is impossible to expect entrepreneurs to be acquainted with all normative changes that may affect business, since some of them are not related with the activity itself or administrative support. The subject of this paper is a series of factors of international legal nature, which arise from a new technological development, finance, sustainable development, ecology and other areas, which determine the adjustment of entrepreneurs' attitudes towards the use of legal services. The paper starts from the premise that the environment of new technologies, intensive global interdependence and universalization of values imposes on business the requirement to set in advance according to possible legal problems. The aim of the paper stems from the business function, in addition to profit, to promote social stability, which is why it should meet the requirements of efficiency and sustainability, to ensure competitiveness, which imposes the need to reconsider the appropriate model of using legal teams in business. In this context, the paper analyzes the development of international legal challenges for business, the approach to hiring legal experts and dealing with modern normative frameworks in business. The results of the analysis provide a basis for three conclusions: first, that the use of legal experts in advance is a factor of business efficiency and sustainability, second, that modern business requires reliance on experts with specialized legal skills and, third, that legal representatives become strategic partners of entrepreneurship. defining the future of the business.

Modern law today imposes certain new postulates. These new postulates must be in accordance with modern international law. One of these postulates is the right to a fair trial and its basic principles. Modern legislation is expected to introduce these principles into the domestic legal system. The subject of this paper is through the principles that together make the right to a fair trial in domestic legislation, ie. in the Republic of Serbia. The paper starts from the basic postulates that had the ultimate goal of a fair trial. The aim of the paper stems from the basic rules of the right to a fair trial in the Republic of Serbia, how to improve that every person before the court has the right to a fair trial. The right to a fair trial in the Republic of Serbia had to enter all streams of the judicial system and the state system in general. Particular attention must be paid to criminal proceedings in the right to a fair trial in the Republic of Serbia.

The aim of this paper is to examine the possibilities and scope of the participatory model of BIH libraries in the period of self-governing socialism for the purpose of rethinking the way of doing business and relations with library users through a new, participatory approach. Participatory activities in pre-war BIH libraries and theoretical assumptions of participatory librarianship can serve as a starting point for considering the current model of involving library users in their capacity as its members. The results of this paper will try to show that the participatory library model always depends on certain socio-political aspects of government, starting from different methodologies and ways of cooperation, but also that certain type of understanding of participation further implies wider civic engagement or verification of the existing social situation. The importance of this analysis is in a better understanding of the two types of participatory approaches in libraries that, due to redefining relationships with users, can lead to different forms of social action and management.

Inter alia, personal integrity is protected with right to privacy. In that context we can observe employee’ s right to privacy as an integral part of occupational safety and health. Personal integrity protection provide adequate health and working ability which is indispensable for productive work. Productive work is vital for employment relationship and represents compatibility of employer’ and employee’ intrests in employment relationship. But in employment relation employerhas supervisory prerogatives to provide profit. Employer’ s supervisory prerogatives may lead to violation of employee’ s right to privacy at work. About that, essential questions are - on which conditions and on which proportion employermay restrict employee’ s right to privacy at work? Authors of this paper tried to answer to these questions relying on legal standards in international law. [ABSTRACT FROM AUTHOR]

Provisions of our Civil Procedure Code (CPC) relating to facts being subject matter of declaratory action deviate from comparative law. The model is unique. It deviates not only from solutions adopted in comparative law but also from traditional provisions of our previous civil procedure codes. Truth be told, the new CPC speaks of a possibility to determine facts by declaratory action when it is so provided for by the CPC itself of other regulations. The possibility to request the court to determine the authenticity of a certain document is present in all the legislation analyzed in this paper. By filing an action with such subject matter, the plaintiff, in essence, seeks final and binding assurance of the probative power of documentary evidence. A real life significance of this exception is minimal, since the court must take a position regarding the authenticity of the document if the opposing party questions it. The paper tries to identify substantive and procedural rules of law that provide for facts to be subject matter of declaratory actions. Case law analyzed in this paper does not indicate the courts being to favorable in determining facts based on a declaratory action. In fact, there have been cases, after the new CPC came into force, where the Supreme Court of Cassation dismissed a claim to determine the existence of certain facts by stating that in the case at hand the claim to determine the facts goes beyond legally permissible instances when facts may be determined by a declaratory action. We also dealt with an issue of determining the facts presented in the declaratory action. The facts are the basis for the declaratory action. Determining the facts without relying on any legal issue based on which the determination of facts is sought does not seem to be an acceptable solution. [ABSTRACT FROM AUTHOR]

Taking into consideration the importance and role of children in modern society, as well as their position, this article has as its focus juveniles in criminal procedure. The existence of a separate juvenile justice system independent of the criminal law applicable to the adult offenders and general criminal procedure, as well as the periodic changes of the dominant approach in theory and practice reflects the ascendancy of different theoretical perspectives in the juvenile justice. In this paper, the authors scrutinize the models of responding to juvenile crime -justice and welfare model - as two models of the greatest importance in the present reaction of the society to the crimes conducted by the youngest delinquents at the beginning of the new century and millennium. Furthermore, the paper deals with a matter of international legal standards which, to a large extent, give shape to the legal framework for juvenile offenders and provide their rights and position in the criminal procedure. The authors refer to the internationally accepted documents on several levels. From the (almost) universally accepted multilateral conventions on human rights, through the field of recommendations, rules and guidelines which are obeyed and enforced in practice of the juvenile justice although they are of non-binding nature, via the regional European legislative to the national provisions in a particular number of countries. On all the levels mentioned above the rights of the juveniles are regulated having in mind their possible role in the criminal procedure as a perpetrator of a criminal act, as a victim or as a witness. This paper also analyzes the criminal procedure with respect to juvenile perpetrators of the criminal acts in the Republic of Serbia and compliance of the provisions currently in vigor with the international legal standards contained in the international conventions and other internationally accepted and recognized instruments. [ABSTRACT FROM AUTHOR]

This paper aims to present certain categories of human rights in international law and the modern law of Montenegro in a concise way. The content of this paper will be broken down into sections that are important for understanding human rights issues. The methodology we will employ in this paper is a content analysis of theoretical and experts' views exposed through the use of domestic and foreign literature, the comparative and historical methods.In the historical period of human rights development it was considered that economic, social and cultural rights should not be separated from civil and political rights, but that all rights should be contained in one document. Thus, the Universal Declaration of Rights contained provisions on both types of rights and later the two pacts were signed: one on civil and political and the other on economic, social and cultural rights. The greatest number of contemporary constitutions guarantees social and economic rights of citizens. Of course, the scope, content and categorization of these rights vary from country to country. Economic and social rights in its general features are not individual rights at all because they belong to different collectivities. Therefore, we define them by entities and their stakeholders. In principle, these rights are enjoyed by each individual belonging to a particular social group. [ABSTRACT FROM AUTHOR]

The paper provides an in-depth analysis of the issue of extraterritorial application of human rights treaties in the specific context of transboundary environmental harm. The classic criteria for extraterritorial jurisdiction established through the landmark judgments of the European Court of Human Rights are revisited and compared with the extensive extraterritoriality threshold introduced by the Inter-American Court of Human Rights in its 2017 advisory opinion on environment and human rights. The author examines the features, requirements and limits of the new extraterritoriality threshold which is based on the effective control over intraterritorial activities that result in extraterritorial human rights' violations. The paper attempts to offer arguments for perceiving the new extraterritoriality threshold as a general standard of international human rights, as well as to examine whether it represents a (mis)interpretation of the duty to prevent transboundary environmental harm as a well-established rule of international environmental law. The author also discusses the prospects of expanding the application of the new jurisdictional threshold to other areas not necessarily linked to environmental degradation.

International organisations whose bodies monitor the realisation and protection of the rights of national and ethnic minorities (Council of Europe, United Nations) have expressed their concern about the lack of data in the Republic of Serbia’s reports on the protection of the rights of national minorities, and they have provided some recommendations in order to amend the situation. Prompted by these remarks, this paper considers the flaws in Serbia’s policy of multiculturalism. The main finding – that Serbia’s policy of multiculturalism is not founded on verified and measurable data – has been examined further by indicating the principles and methodologies of collecting data based on ethnic and national identity. By using a range of examples, the paper points to the social issues that occur due to neglect in collecting data on citizens’ ethnicity, while the necessity of an interdisciplinary approach to collecting such data is also considered. A holistic approach to researching ethnicity assumes using not only demographic methods, but also methods from and knowledge of other social sciences and humanities. The United Nations supports the idea that the approach to ethnically sensitive data should be holistically founded with its position that all data regarding people’s identity must be based on human rights – a Human Rights-Based Approach to Data (HRBAD), in which case the relevance of statistical data is promoted.

In the light of the current migration crisis, there is an increasing need for examining main causes of migrations. This paper contains a conceptual analysis of the notion “environmental migrants”, a newly established category of persons being in a need of specific international protection. Following the elaboration on two empirical examples supporting the fact that this is indeed an ongoing and contemporary problem at international scene, the author considers whether proposed terms are able to appropriately address the group in question, thus putting forward a definition of the concept, as these are regarded as initial steps towards creating a distinct legal framework and an adequate protection of such particularly vulnerable group. Additionally, the second part of the paper is revealing some of the present-day international legal mechanisms which might serve as a solution to this problem, as well as several proposals de lege ferenda. Ultimately, it can be concluded that there is a need for special protection of those who migrate due to environmental factors, as well as that it is the common interest of the entire international community to tackle this problem before it is too late.

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Right to personal data protection is guaranteed by the Constitution of the Republic of Serbia. This human right covers the protection of all kind of personal data, including information relating to patient's medical condition. The paper deals with the issue of the permissible restrictions of this right, with particular reference to the protection of the health of others, as a permissible reason of restrictions. In a boarder sense, the paper deals with the relationship between two basic human rights: right to personal data protection and right to health protection (of others). The normative framework is consisted of the Constitution of the Republic of Serbia, ratified international human rights treaties (especially the European Convention on the Protection of Human Rights and Fundamental Freedoms) as well as laws relating to the field of health care.

The case law of the European Court of Human Rights (ECtHR) pertaining to human rights protection of legal persons, including corporate entities, is well developed and extensively analyzed in legal literature. The international law of human rights is in the process of transformation from imposition of obligations only on States, to gradually taking into consideration the accountability of non-State actors, particularly corporate entities. The objective of the paper is to analyze the conceptualization of corporate accountability for violations of human rights in the case law of the ECtHR. The paper shows that the ECtHR thus far has approached the corporate accountability and has called for regulation of corporate activities at the national level by means of applying the doctrine of horizontal effect of rights guaranteed by the European Convention on Human Rights (ECHR) referred to as Drittwirkung and the doctrine of positive obligations of the states. The authors argue that the ECtHR so far in its jurisprudence has missed to fully take into account the overarching social and policy developments, and that it should take a more proactive role in conceptualizing its approach to violations of human rights committed by corporate entities.

The aim of this paper is to point out the possibilities and potential restrictions of religious education in terms of tolerance as one of the core values in the contemporary world. The nature of the society and the changes it carries are reflected in the field of education, which often leads to distancing school from its primary task-educating virtue in humans. From the second half of the 20th century, the work on the development of human rights and the promotion of respect among people, regardless of existing differences, is intensified. Educational institutions have an important role in this process and they strive to fulfill it in various ways. One of the strategies is the incorporation of subjects whose primary objective is the development of the moral side of one’s personality, thorough learning about the beauty and the value of one’s own religion, as well as to that of others. In this way, the full development of personality is encouraged and the traits essential for today’s society are formed, which all would not be fully achieved without such subjects. [ABSTRACT FROM AUTHOR]

The legal regime of the state of emergency is regulated very poorly in Republika Srpska and Bosnia and Herzegovina in general. It is necessary to carry out a detailed positive legal and comparative legal analysis of this legal regime, to formulate proposals for amending the Constitution and laws of Republika Srpska. Their goal would be greater legal certainty and more detailed and meaningful legal regulation, which would reduce opportunities for abuses of state power and endangering human rights. The author first analyzes the constitutional provisions on the declaration of a state of emergency, the functioning of state institutions and the restriction of human rights during its duration. The author concludes that the constitutional provisions are so lapidary, that the state institutions, especially the executive, have wide possibilities for regulation of the state of emergency and the exercise of state power during its duration, even relatively wide possibilities of limiting human rights. The author believes that this is an extremely inappropriate legal solution. Therefore, he made a series of proposals for amendments to the Constitution of Republika Srpska, so that the legal regime of the state of emergency would be as fully regulated as possible, which would significantly reduce the possibilities of abuse of state power. [ABSTRACT FROM AUTHOR]

This paper deals with the issue of jurisdiction of international courts and tribunals for resolving disputes in the field of environmental protection. In the last few decades there was intense activity of states in the regulation of this field and in achieving this goal numerous international treaties have been concluded. In the cases of their violations there should be an international forum which would resolve this kind of disputes. In this moment there are some courts, tribunals and arbitrations which could resolve environmental disputes. However, these are not specialized courts but under their general competencies they can deal with these disputes. The problem is that States have to accept their jurisdiction, which means that jurisdiction is not compulsory. Also, the private entities do not have the right to access these instances. Courts and committees for the protection of human rights have their role in environmental protection. The Court of Justice of the EU has made a significant progress in enforcing environmental rules, due to its specific position and competencies given to it by the founding treaties of the European Union. The shortcomings of the existing mechanisms for dispute resolution could be avoided by creating a specialized International Court for Environment, but the procedure for its creation is still in progress and it is uncertain whether it will be established or not. [ABSTRACT FROM AUTHOR]

Human rights represent an open legal and political concept with a very wide value variable. Academic discussions on human rights nature have mostly commenced after the World War II during the trend of human rights internationalization, reaching their climax after the Cold war. This paper examines actual theories on human rights, from those accepting them as universal, up to those marking another pole, favoring idea of absolute relativity of human rights. The author asserts that the most acceptable should be a middle solution, standing of moderate relativism or position of relative universalism of human rights. He claims that only a very limited circle of basic, "substantial" human rights, having been accepted through an intercultural consensus, may pretend to be treated as universal. Out of that narrow sphere, there are many other human rights whose meaning and interpretation depend strongly upon concrete cultural context. The author points that in those cases it is important to respect a relativistic discourse and that the only solution should be explored within an intercultural and inter-civilizational dialogue, where non-western values should be equally treated as the western ones. [ABSTRACT FROM AUTHOR]