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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]

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]

The paper addresses solutions of the recently adopted Digital Content Directive (abbreviated: DCD) with the focus on its major novelty being the possibility of a consumer to provide his personal data in lieu of a price in return for a digital content or a digital service. Though this social phenomenon has been known in practice for quite some time, the DCD is the first instrument of the European Union (abbreviated: EU) that accepted such reality by laying down a legal framework tailor-made to such contractual performance. Prior to its adoption, the main concern was how to reconcile two aspects of personal data: the fact that the right to the protection of personal data presents a fundamental human right, on one hand, and a rising use of such data as an object of contractual performance in the digital environment, on the other hand. The need to conciliate these two dimensions of personal data led to some revisions of the European Commission’s Proposal of the DCD. These changes led, inter alia, to a clear reference in the DCD to the already existing regime for the protection of personal data at the EU level epitomised in the General Data Protection Regulation (abbreviated: GDPR). Apart from relevant solutions of the DCD, the paper also examines arguments favouring the DCD implementation in Serbian legal system, proposing at the same time the most appropriate piece of legislation for that. [ABSTRACT FROM AUTHOR]

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]

Private life, family life, home and correspondence represent some of the most intimate and significant aspects of human life. The focus of this paper is an analysis of the right to respect for private life, family life, home and correspondence, as the elements of the protection of the Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The analysis was primarily conducted through research and interpretation of the European Court of Human Rights recent case law, whereby, some of the cases of the highest importance as well as the case of the Republic of Serbia as a respondent state, were specially observed. [ABSTRACT FROM AUTHOR]

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]

Slavery and connected practices are ostensibly forgotten phenomenons, often considered they belong to the past. However, the migrant movements are placing focus on these forbidden practices and they are getting new features. The purpose of this paper is to (re)consider specific cases, those with European Court of Human Rights epilogue, where children were victims. Taking into account contemporary considerations on slavery and related practices we question the outcome analyzing key elements related to slavery notion. Emphasis is placed on insufficiently functional definitions in this area, the uncertainly of assessment criteria and comparison to judgments made by other courts. Considering that European Convention of Human Rights is described as the most powerful human rights protection mechanism with great impact on national (criminal) law systems, we search to see how the Convention ban is brought to life, analyze recent developments in this area, offering a different perspective to slavery notion. [ABSTRACT FROM AUTHOR]

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]

Sea piracy became a current topic around 2008 when the number of attacks increased in the Gulf of Aden. However it is more or less repressed by now, piracy has a unique shifting nature: it decreases in one region, but it increases in another, therefore it is always present to some extent. Besides, Somali piracy was the first that made international community take steps and these strategies and programmes serve as an important lesson that can be partly adaptable in other cases as well. It reveals important questions around enforcement jurisdiction and the most exciting problem: prosecutions. This paper attempts to briefly take a glance at those difficulties that can set back the success of a piracy prosecution and if there is a progress. First, it presents the root-cause: jurisdiction. National laws regulate piracy in a very different way or they don't criminalize them at all and this can lead to serious consequences. In the following chapter the process of investigation is presented. Collecting evidence is incredibly difficult in case of piracy and if it fails, prosecutions fail too. In the end the paper attempts to focus on the trial and what follows: costs of prosecutions, asylum-seekers, human rights considerations and prison facilities. [ABSTRACT FROM AUTHOR]

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]

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]

The point of the article is to determine and consider the Niccolo Machiavelli’s ideas about the human nature. N. Machiavelli believed that historical patterns repeat cyclically over the time. Therefore, the key to consideration hypotheses about the negative human nature, which is especially manifested in politics, was historical method. As the foundation of Machiavelli’s theory is seen through a pessimistic view based on human nature, the genesis of this idea’s development is revealed through chronology. The research focuses on several segments. First is presented the basic idea and assumption of human political nature in antiquity. The ideas of ancient thinkers are presented as an introduction to the thought of N. Machiavelli. A detailed account of the consideration of social life through the philosophical thought of Aristotle, shows the first ideas and explanation of the negative nature of people in politics. As the detailed historical method was the way of understanding N. Machiavelli’s concretization of ancient ideas shows more clearly the way of thinking of anthropological pessimism. The Principe, as the key work N. Machiavelli’s is considered through a comparative analysis with the rest of the written legacy. After determining the thought of N. Machicavelli the entire idea of anthropological pessimism is linked to human rights and the chronology that follows the development of mechanisms for the protection of this set of rights. New facts and understanding of anthropological pessimism are presented as an opportunity for better acquaintance, but also for better normalization of relations within the framework of functioning of the social community. [ABSTRACT FROM AUTHOR]

Nowadays, the right to abortion has inevitably become not only a legal, but also a political and religious issue, which has been the subject of numerous discussions for years, both in terms of its moral character and legal treatment. Unfortunately, the fact is that no consensus has yet been reached on the right to abortion, which is also emphasized by the advocates of the "pro-life" and "pro-choice" movements. Analyzing international documents as well as court practice, the author expresses her concern about the current situation in certain countries, which, due to the restrictive interpretation of the right to abortion, leave women without adequate and complete legal protection. [ABSTRACT FROM AUTHOR]

The right to privacy is one of the fundamental human rights, as it encompasses a wide range of relationships related to the private life of the individual. Starting with the right to family life and the right to private life, many institutions that seem very important nowadays, such as data protection, find their place and are part of the right to privacy. Nevertheless, the right to privacy is one of the relative rights protected by the European Convention, which means that it can be derogated in specific cases and under certain conditions. The purpose of this article is to examine the conditions set out in the European Convention for the derogation of right to privacy and to analyse the practice of the European Court of Human Rights. This Court has, in its jurisprudence, restrictively derogated the right to privacy, with fulfilling three conditions: prescription by law, necessary in a democratic society and achieving certain legitimate aim. One of the examples of the possibility of its restriction is the epidemic of the Covid-19 virus. Considering that numerous countries around the world have restricted the right to privacy, the question is whether and to what extent the restriction was in accordance with prescribed conditions for derogation of this right. [ABSTRACT FROM AUTHOR]

Recognition of per sons with disabilities as deserving of the same rights, i.e. equality before the law is clearly highlighted in the UN Convention on the Rights of Persons with Disabilities from 2006. In addition to this Convention, the European Court of Human Rights has stated in its decisions that even a more serious mental deficiency can not be the only reason for the deprivation of le gal capacity. In some countries, this understanding has been approved and accepted for a long time, and significant steps have been taken, primarily in the sense of abolishing a complete deprivation of legal capacity and moving to a system of providing support in decision-making instead of providing substitute decisionmakers. In the Republic of Serbia, laws passed more than two de ca des ago are still in force and still unchanged regarding questions of legal capacity, which in practice leads to complete de privation of legal capacity as a dominant way of decision-making. Although the Preliminary Draft of the Law on Amendments and Supplements to the Family Law has been drawn up, according to which complete deprivation of legal capacity is replaced by “restriction of le gal capacity”, it seems that this change may not bring substantial changes. It is necessary to work on changing the political narrative and understanding first in or der for the real changes to actually occur. [ABSTRACT FROM AUTHOR]

The majority of human rights can be restricted in certain situations, despite their significance for every democratic society. That means that those rights are not absolute. Such situations represent, for example, war and states of emergency, according to the European Convention on Human Rights. Then, in order to protect the interest of the state and national security, human rights, that means the interests of individuals, come second. In that case, it is necessary to achieve a balance between the necessary restrictions and the preservation of the state’s interests. One of the best examples of the restrictions of human rights during a state of emergency is the period of Covid-19. Many rights, such as the right to respect for private and family life, were restricted during Covid-19 in a number of countries in Europe, but each country established its own measures according to its own situation. The cases regarding these restrictions and violations will be submitted to the European Court of Human Rights in the years to come. [ABSTRACT FROM AUTHOR]

Marriage and familiy are institutions which are continually evolving. Social reality points to the fact that the traditional concept of marriage does not have the capacity to recognize the full complexity of interpersonal relationships. Hence the aspiration for marriage to be equalized with common law marriages, including long term unions between individuals of the same sex. The European Court of Human Rights has greatly contributed to the improvement of the legal position of same-sex partners. To date, the European Court has not equalized same-sex unions with marriage, however it has foreseen that same-sex couples have to be legally recognized so that their relationship would be protected. Member states are not obliged to recognize same-sex marriages, however they have an obligation to institutionalize same-sex unions, for the purpose of protecting the rights and interests of those individuals who are part of them. The intent is to legally regulate personal and the property rights of same-sex couples, in accordance with the obligations of the Republic of Serbia which emanate from the application of the European Convention on Human Rights. However, the overall impression is that the Draft Law on Same-Sex Unions does not contain consistent and well thought out solutions. Analyzed from the aspect of family law, there are significant criticisms with respect to the currently proposed draft law, particularly with regards to the exercising of parental rights. Although the Draft Law does not foresee the possibility of adopting children, the question is raised as to the basis on which a partner of the child’s parent obtains authorities vested by way of parental rights. A belief remains that due to the far-reaching consequences, the process of legally regulating same-sex unions must evolve with great care, especially as this remains an extremely controversial topic in Serbian society. [ABSTRACT FROM AUTHOR]

The aim of this contribution is to examine the scope of the freedom of expression of private persons in their encounters with public servants while the latter is on duty. Such situations are bound to happen quite often, sometimes accompanied with intemperance and strong language, so the relevance of the application of human rights to these encounters could potentially be significant. Discussion will be presented against the case-law of the European Court of Human Rights in order to assess whether and to what extent freedom of expression protects against public servants. Given the tendency of the Court to set different scrutiny tests for different categories of expression, and to contextualize expressions and limitations imposed, the ambition of this contribution is to establish whether the Court has distilled a special set of rules for the use of strong language against civil servants while performing public duties. While a regular balancing exercise can include a variety of legitimate interests that potentially can limit freedom of expression, one particular interest will be singled out, that is the right to privacy of public servants and how the balancing of the right to the reputation of public servants with the freedom of expression of private persons can play out. [ABSTRACT FROM AUTHOR]

Internet as a means of communication, whatever the ripe of information light be used for. file within the exercise of the right to freedom of expression, as guaranteed by Article 10 of the European Convention for the Protection of human Rights and Fundamental Freedoms. As established in the European Court K case law, freedom of expression constitutes one of the essentials of a democratic society therefore limitations on that freedom foreseen in article 10 of the Convention are to be interpreted strictly In order to enter effective protection of one's freedom of expression on the Ferret, States bear a pontine obligation to create an appropriate regulatory framework, balancing the right to freedom of expression on one and the limitations a prescribed in Article 1&2. on the other hand Special attention in doing so is to be paid to the risk of harm posed by content and communications on the Internet to the exercise and enjoyment of other human rights and freedoms guaranteed by the European Convention particular the right to respect for private e While it as the fact that the electronic network serving billions of users world- will never be subject to the same regulations and control, because of the national authorities margin of appreciation, the European Court established Commonly applicable general principles regarding the Intersect at a media of merci right to freedom of expression. [ABSTRACT FROM AUTHOR]

Right to self-determination has in the last hundred years been developed through a string ofinternational legal acts and a string of different contexts of international relations. This fact has influenced its contemporaryr normative content which is not stripped of political dimension. The author identifies in the articlefour criteria which are the key to full enjoyment of contemporary right of self-determination. These are: permanent and heavy> breaches of rights of the people who requests self-determination from the state authorities, weak central government in the territory> where this people lives, creation ofpeople’s own authorities who can effectively' control this territory', support ofgreat powders. Author analyzes the case of self-determination ofpeoples in Vojvodina to incorporate themselves into Kingdom of Serbia through the prism of these criteria and concludes that from the point of view of contemporary' international law this incorporation would be perfectly• legal. [ABSTRACT FROM AUTHOR]

Chagos Archipelago is a territory that was detached from Mauritius in 1965 on the basis of the Lancaster House Agreement concluded between the governments of the United Kingdom and Mauritius, a colony of the United Kingdom in that period. That same year, the United Kingdom founded the British Indian Ocean Territory, which includes, inter alia, the territory of this archipelago. Mauritius gained its independence on 12th March 1968, while the Chagos Archipelago remained under the colonial rule of the United Kingdom. Mauritius continues to regard the Chagos Archipelago as its own territory, and is continually trying to use available international legal mechanisms to challenge the 1965 detachment of the Chagos Archipelago. The author investigates the international legal aspects of the longstanding dispute between Mauritius and the United Kingdom, such as the issue of the depopulation of the Chagos Archipelago, the unilateral proclamation of a Marine Protected Area by the United Kingdom in 2010, regarding which Mauritius initiated an arbitration award under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), as well as the issues of decolonization and the right of the people to self-determination, regarding which the United Nations General Assembly requested by Resolution 71 / 292 of 22 June 2017 an Advisory Opinion of the International Court of Justice on the subject matter. The Advisory Opinion of the International Court of Justice was made on 25th February 2019. [ABSTRACT FROM AUTHOR]

Despite the troubling data that points to population imbalance, more precisely, increased number of born males in many countries, the issue of sex selection for non-medical reasons was not addressed adequately from the human rights protection perspective. Sex selection is also complex ethical issue. One of the most common arguments used in favor of non-medical sex selection, is that the ban of sex selection will simply limit reproductive freedom. Many supporters of non-medical sex selection defend the practice by relying pn the reason of [family balancing'. However, this reason does not seem to be eligible to justify selection. Problem of reproductive tourism is also present, due to the different approaches of the countries in regulating non-medical sex selection. More precisely, people are traveling to countries where respect for individual autonomy plays dominant role. In addition, there is a simple option to send samples for analysis to companies that advertise genetic testing over internet. In the context of human rights protection, only the Convention on Human Rights and Biomedi-cine has ban on sex selection for non-medical purposes, however, this ban applies only to specific, less practiced technique of selection. When it comes to other techniques of selection, Article 5 (a) of the Convention on the Elimination of All Forms of Discrimination against Women might be helpful to some extent. The issue of non-medical sex selection was in the focus of interest of the United Nations, Council of Europe and European Union to some extent, however insufficiently. [ABSTRACT FROM AUTHOR]

The Ombudsman Institution, originally founded in Sweden in 1809, during the time received a planetary character. At the same time, its competencies increased: from a classical controller of public administration, the Ombudsman grew into a national institution of human rights protection. The Constitution of Serbia (2006) recognized the Protector of Citizens as an independent state body that should protect citizens' rights and monitor the work of public administration bodies. The activity of the Protector of Citizens in the sphere of human rights-protection was viewed from the general perspective. The role of the Protector of Citizens has been recognized in creating the appropriate legislative environment, then as an NHRI and as a national mechanism for the prevention of torture. Thus, the Protector of Citizens is positioned as a significant institution for the protection of human rights, but the scope of its work is largely determined by the personal capacity of its holder and the willingness of the Assembly and the Government to act following its recommendations and initiatives. [ABSTRACT FROM AUTHOR]

In Hungary, the right to health is implied in the Fundamental Law of 2011. The legal history of the constitutional right to health in Hungary dates hack to 1949, although this was preceded by an earlier assumption of social human rights. The Hungarian constitutional right to health implies the most important notional elements of the human right to health. One can see that the communist type of constitutional right to health largely differs from the right to health under a democratic rule of law. The Hungarian Constitution of1949 and the Constitution of the Democratic People’s Republic of Korea currently in force reflect a 19th-century social human rights conception. In present-day Hungary, there is no room for a similar understanding. Hungary’s present constitutional health law is shaped according to the needs of a society within a free market economy. [ABSTRACT FROM AUTHOR]

The foundations of the contemporary, democratic society which are based on the principle ofjustice protection of the fundamental societal values and the rule of law, designate free and unhindered implementation of the proclaimed human rights and freedoms as the postulation of its order. Howewer, in certain cases, in order to acomplish the criminal law protection of the societal values, it is necessary to digress from the rights andfreedoms that are guaranteed both on the national and internatonal level, whenever this is justified of course. Within the constitutions of modern countries, such limitations are mostly being brought down only to certain “exceptional” cases in strongly standardized conditions. Therby we face an exception from the proclaimed right to personal freedom, where such limitation is allowed to certain extent and purpose without interfering in the essence of the guaranteed rights, during the proceedings and in cases that are determined by the law. Limitation of the freedom of movement of a suspect is being designated by a resolution in written form established by the responsible judicial authority, primarily in order to conduct criminal proceedings. Nevertheless, in order to achieve the efficiency of a criminal proceedings and to support the. decisive fight against the criminality, the right to limit the freedom of movement in a form of arrest and keeping in custody has been granted to the other State Authorities as well. [ABSTRACT FROM AUTHOR]

The Taşkın case manifests mutual supportiveness of the Aarhus Convention and the European Convention on Human Rights as well as of the general international environmental and the right to private and family life. Interactions between the protection of the environment and human rights are complex and involve economic and political factors. Legal concepts of sustainable development, mutual supportiveness and balance of interests bring new principles governing the complex interactions. They are reflected in Taşkın. [ABSTRACT FROM AUTHOR]

Despite the prevailing view to the contrary, the Police Act of 2016 cannot be said to be a completely new law in the material sense. The manner in which it regulates the major concepts and institutions suggests that it is an amended and supplemented version of the Police Act of 2005. The actual reasons for the enactment of the ‘new' law concern the legal employment status of employees of the Ministry of Interior, as well as the reduction of the internal affairs staff. The greatest expectations from the Act are in the part relating to the police staff management, monitoring of employees' career development, through performance assessment, professional development and other trainings. Although with nomotechnic and editorial shortages, the Police Act, basically, represents an effective legal framework for the performance of, primarily, policing and other related duties. [ABSTRACT FROM AUTHOR]

The work is an attempt of the author to, in a relatively systematic way, presents the norms of Economic and Social Rights in the Constitution of Serbia from 2006. Before that, in the introduction the author refers to the commonplace with regard to human rights and their institutionalization, constitutionalization and internationalization. The process of institutionalization of human rights was started in England by adoption of the Great Charter of Freedoms (Magna Carta Libertatum) in 1215. Constitutionalization of human rights begins with the adoption of the first ten amendments to the US Constitution in 1791. French writers of the Constitution unlike the American in Declaration of the Rights of Man and the Citizen proclaimed certain new rights such as freedom of movement, freedom of assembly, the right to free expression of thought, right to petition or freedom of culture. At first human rights were an asset to limit state power, but with new theories by which the state can not be seen only as a political organization, but as a community that has a socio-economic content, the state must guarantee to the citizens a certain corpus of economic and social rights by Constitution. Economic, social and cultural rights are classified as second generation of rights. Economic and social rights are directed to the fact that individuals are brought to the position that they can enjoy their civil and political rights. These rights, known as social welfare, are rights based on the principles of equality and solidarity, and their purpose is, inter alia, to help to the socially vulnerable members of the community. Constitutional act, which is important for the world - the constitutional recognition of these rights is the Weimar Constitution from 1919. which predicted legislative measures to implement these rights.For the internationalization of these rights very important is Universal Declaration of Human Rights from 1948 and the International Covenant on Economic, Social and Cultural Rights from 1966. The Constitution of the Republic of Serbia from 2006 regulates economic rights as human rights that contribute to the economic stability of man in society. Serbian Constitution provides: The right of ownership; right to inheritance; right to work; the right to strike and freedom of entrepreneurship as economic rights. The Constitution of Serbia predicts the following social rights (such as rights whose purpose is to provide social security in society and economic life worthy of man): the right to health care; the right to social protection; the right to a healthy environment; special protection of family, mother as a single parent and child. It also provides an overview of a Constitutional Court decision which is the subject of protection of the right to health insurance. Finally the author concludes that there is no possibility of achieving the full realization of civil and political rights, if the majority of members of a society do not have the basic existential conditions for the development of their physical and mental potential. An individual who leads the battle for bare physical survival, cares little for the rights such as the right to freedom of thought or electoral law. The state can not ,of course , sacrifice political rights to economic and social, but physical existence and personal development are precondition for the enjoyment of political rights. [ABSTRACT FROM AUTHOR]

The war between Yugoslavia and NATO, which lasted since 24. March until 10. June 1999, completed with Serbian forces withdrawal from Kosovo-Metohija. With the arrival of peacekeeping forces of KFOR and the United Nations Interim Administration Mission in Kosovo (UNMIK) new resurrection of Serbian community in Kosovo-Metohija has begun. Thousands crimes have been committed against the members the community. Responsible for the crimes mostly remains unidentified and unpunished. KFOR, UNMIK, EULEX along with institutions of Kosovo deny and violate human rights of the Serbian community since 1999 until nowadays. Case of Bogdan Djokic shows denial and violation of right to life, tenure right, right for fair trial and legal remedy. [ABSTRACT FROM AUTHOR]

this work deals with the right to life from the specific ecological view. Actually, it is analysing the relationship between two human rights defined by the Constitution: the right to life and the right to healthy environment. Their relationship is very close and, specifically said, it is: obvious, conditional, permanent and growing. This could not bet concluded if the time of occurrence (Constitutional regulation) of these rights is considered. The right to life is the oldest human right while the right to healthy environment belongs to new generation of human rights. However, if the contents of the right to life and the right to healthy environment are compared, it becomes clear that those two human rights are interwoven with each other. Development of states and change of life conditions of citizens will also change the content of right to life, by following ecological standards. This means that the interdependence of those two rights will be larger and more complex. [ABSTRACT FROM AUTHOR]