In this paper the author provides a critical analysis of the statutory solutions of the the Serbi... more In this paper the author provides a critical analysis of the statutory solutions of the the Serbian Family Law 2005 and the Preliminary Draft of the Civil Code regarding the legal capacity of the child. The first part of the paper is devoted to the Childhood and the concept of the evolving capacities of the child in lights of the UN Convention on the Rights of the Child. In the second part of the paper the author critically analyzed the regulations which define the limits of the legal capacity of the child in Serbian legislation in the context of modern trends in the field of the rights of the child.
Disseminating information and expressing opinions that encourage discrimination, hatred and viole... more Disseminating information and expressing opinions that encourage discrimination, hatred and violence against individuals or groups on the grounds of their distinctive features or affiliation endangers the safety of every democratic, open and pluralistic society. Media play an important role in counteracting hate speech; generally, media activities contribute to developing a culture of understanding and tolerance between different national, ethnic, religious, cultural and other social groups. However, they are also channels for propagating, disseminating and inciting hate speech, which is particularly dangerous considering the fact that the media influence on the general public opinion is much more substantial than the impact of any other form of expression. Apart from incriminating and sanctioning hate speech in criminal law, experience has proved it necessary to institute efficient protection instruments for combating hate speech in civil law. In this paper, the author critically a...
cally conditioned anomalies and rare diseases reduces the scope and level of protection against g... more cally conditioned anomalies and rare diseases reduces the scope and level of protection against genetic discrimination in relation to the protection, given by the General Antidiscrimination Law. The legal definition of the genetic discrimination notion is not comprehensive, clear or precise, either, so it causes confusions, which, additionally , make the application of anti-discrimination regulations more difficult. Having in mind the harmful effects caused by the genetic discrimination, there is a need to eliminate the observed normative failures in due time and enable people to enjoy the benefits, provided by genetic investigations, without the fear from discrimination. In order to prevent the genetic discrimination, it is necessary to work on both information providing and raising awareness about the genetic privacy and the genetic discrimination problem, but also on promotion of the social justice and development of sensibility for bioethical challenges brought by the new age.
The paper discusses international standards on the provision of legal assistance to children in c... more The paper discusses international standards on the provision of legal assistance to children in civil and administrative proceedings in the context of the contemporary concept of child-friendly justice. The author critically analyzes the national legal provisions on legal assistance to children, which provide for the implementation of constitutional norms on the right to access to justice and the right to a fair trial. As children are fully entitled to these rights, the author underscores the need to establish an effective and sustainable national system of child-friendly legal aid.
U radu je analiziran problem prinacenja tužbe u parnicama za novcanu naknadu nematerijalne stete ... more U radu je analiziran problem prinacenja tužbe u parnicama za novcanu naknadu nematerijalne stete u ponovnom postupku koji se pred prvostepenim sudom vodi posle ukidanja presude. Razmotreno je da li je, s aspekta pravila 'ne bis in idem' i principa zabrane 'rcformatio in peius', dopusteno da tužilac u ponovnom postupku pred prvostepenim sudom u celosti preinaci svoju tužbu i kad protiv presude kojom je njegovzahtev delimicno odbijen nije izjavio žalbu. Na osnovu rezultata izrvsene analize, zakljuceno je da je tužilac, koji žalbom nije pobijao odbijajuci deo presude, ovlascen da u ponovnom postupku pred prvostepenim sudom preinaci svoju tužbu, ali samo u odnosu na deo tužbenog zahteva koji je prvostepeni sud uvojio.
In the past few decades, Austrian Family Law has encountered a complete transformation. The chang... more In the past few decades, Austrian Family Law has encountered a complete transformation. The change has ensued from the altered perception of childhood, parenthood and other social factors, from the need to implement the international standards on human rights and the rights of the child, as well as from the obligation to transpose the EU law into the national legislation and to keep up with the contemporary developments in the European Family Law. In the past decades, Austria has significantly augmented the provisions on parental custody and improved the legal position of the child. Within the latest legal intervention in 2013, Austria has abolished almost all differences between legitimate and illegitimate children, and joint custody has become the predominant form of parental custody. Furthermore, the legislator has instituted special mechanisms aimed at providing for proper court intervention in cases of crisis and/or conflict for the purpose of protecting the family members'...
The Commissioner for Protection of Equality is an autonomous and independent state authority esta... more The Commissioner for Protection of Equality is an autonomous and independent state authority established on the basis of the Law on the Prohibition of Discrimination (2009), as a central national institution for protection from and suppression of discrimination. The article analyses the legal profile and position of the institution within the legal system, the role and scope of its authority in preventing and reacting to discrimination. In addition, the Commissioner?s acting upon complaints has been considered, as well as so-called strategic litigation, its potentials, and the indicators used for identifying strategically important cases of discrimination, and the requirements for initiating strategic litigation.
This paper is aimed at analyzing the procedure of involuntary hospitalization of persons with men... more This paper is aimed at analyzing the procedure of involuntary hospitalization of persons with mental disorder. Considering the fact that enforced hospitalization interferes with the fundamental human rights and individual freedoms, the rules of involuntary hospitalization procedure have to provide for the legality of decisions, prevent possible abuses and enable the exercise of legitimate rights and interests of persons with mental disorder confined to treatment in psychiatric institutions. Bearing in mind the significance of the involuntary hospitalization procedure, the author of this paper provides a critical analysis of the national regulation on involuntary hospitalization. The aim of this analysis is to observe whether the rules of involuntary hospitalization procedure comply with the generally recognized international and European standards on the human rights protection of persons with mental disorder, and to identify the shortcomings of the existing mechanism of involuntary...
This paper is dedicated to recognizing police work and intervention in the cases of domestic viol... more This paper is dedicated to recognizing police work and intervention in the cases of domestic violence. Keeping in mind the relationship between the offender and the victim in the cases of domestic violence, seriousness of the consequences, as well as the fact that, during the intervention, police is the first state agency which ?disturbs? the sphere of family privacy, it is very important to study the way police is reacting, establish the degree of its efficiency and explore the factors that determine the efficiency of police intervention. The paper points out the policy of police response to domestic violence in some foreign systems (Great Britain, USA, Australia). Particular attention is paid to consideration of activities police is dealing with while collecting the data on the violence, victim and the offender, the way police is reacting in order to prevent new violence, as well as the responsibility and aims police has during the intervention.
In this paper authors analyze seven cases of domestic violence in Nis area during one year of imp... more In this paper authors analyze seven cases of domestic violence in Nis area during one year of implementation of the new criminal offence domestic violence. Using the method of indirect observation and interviews, authors give us an overview of police's, prosecutors and court's intervention in domestic violence cases. In spite of small number of registered and processed domestic violence cases, some negative phenomenons are observed. Those phenomenons unable efficient and accurate preventive and repressive actions toward abuser. Majority of these observed facts are noted and explained, with underlining the consequences and a way for overcoming them. In order to reach valid and scientifically based conclusion about implementation of laws regarding domestic violence, it is essential to undertake extensive research in Serbia, including a research of a practice of the police, prosecutors and courts. Results of such research would allow qualitative theoretical overview of law enfo...
Disputes in the sphere of law are solved by applying diverse court and non-court methods and tech... more Disputes in the sphere of law are solved by applying diverse court and non-court methods and techniques. Apart from traditional methods of solving disputes by sentencing, many national legal systems have also developed different alternative mechanisms for the peaceful dispute resolution (so called ADR techniques - Alternative Dispute Resolution), among which the process of mediation has a special significance. The application of mediation exists in Serbian law as well, but this method is not being used regularly. The most important reason for this is that we still haven?t obtained all the necessary organizational, functional and other conditions that would enable a practical verification of mediation?s advantages and potentials. It is not easy to predict the pace and intensity of the future work on the enhancement and affirmation of mediation in Serbian society. However, it is evident that the time of mediation is inevitably coming.
In this paper, the authors discuss models of integrating gender issues, gender perspective and so... more In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Nis has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.
Gender Studies (Gender Studies, Women’s Studies, Gender Studies / Women’s Studies) by multi / int... more Gender Studies (Gender Studies, Women’s Studies, Gender Studies / Women’s Studies) by multi / interdisciplinary approach to various topics in the field of social sciences, humanities, arts, sciences, and thus significantly affect the modernization of university programs. The paper deals with the introduction of gender mainstreaming women’s/gender studies in university education in European countries and in Serbia. Experience shows that gender studies are the most important resource in the production and transmission of knowledge about gender relations as successfully deconstruct patriarchal culture and encourage the development of gender sensitive and critical awareness of the social relations, processes and policies, thus preparing young people for effective and active citizenship and a new gender partnership of private and public life.
In this paper the author provides a critical analysis of the statutory solutions of the the Serbi... more In this paper the author provides a critical analysis of the statutory solutions of the the Serbian Family Law 2005 and the Preliminary Draft of the Civil Code regarding the legal capacity of the child. The first part of the paper is devoted to the Childhood and the concept of the evolving capacities of the child in lights of the UN Convention on the Rights of the Child. In the second part of the paper the author critically analyzed the regulations which define the limits of the legal capacity of the child in Serbian legislation in the context of modern trends in the field of the rights of the child.
Disseminating information and expressing opinions that encourage discrimination, hatred and viole... more Disseminating information and expressing opinions that encourage discrimination, hatred and violence against individuals or groups on the grounds of their distinctive features or affiliation endangers the safety of every democratic, open and pluralistic society. Media play an important role in counteracting hate speech; generally, media activities contribute to developing a culture of understanding and tolerance between different national, ethnic, religious, cultural and other social groups. However, they are also channels for propagating, disseminating and inciting hate speech, which is particularly dangerous considering the fact that the media influence on the general public opinion is much more substantial than the impact of any other form of expression. Apart from incriminating and sanctioning hate speech in criminal law, experience has proved it necessary to institute efficient protection instruments for combating hate speech in civil law. In this paper, the author critically a...
cally conditioned anomalies and rare diseases reduces the scope and level of protection against g... more cally conditioned anomalies and rare diseases reduces the scope and level of protection against genetic discrimination in relation to the protection, given by the General Antidiscrimination Law. The legal definition of the genetic discrimination notion is not comprehensive, clear or precise, either, so it causes confusions, which, additionally , make the application of anti-discrimination regulations more difficult. Having in mind the harmful effects caused by the genetic discrimination, there is a need to eliminate the observed normative failures in due time and enable people to enjoy the benefits, provided by genetic investigations, without the fear from discrimination. In order to prevent the genetic discrimination, it is necessary to work on both information providing and raising awareness about the genetic privacy and the genetic discrimination problem, but also on promotion of the social justice and development of sensibility for bioethical challenges brought by the new age.
The paper discusses international standards on the provision of legal assistance to children in c... more The paper discusses international standards on the provision of legal assistance to children in civil and administrative proceedings in the context of the contemporary concept of child-friendly justice. The author critically analyzes the national legal provisions on legal assistance to children, which provide for the implementation of constitutional norms on the right to access to justice and the right to a fair trial. As children are fully entitled to these rights, the author underscores the need to establish an effective and sustainable national system of child-friendly legal aid.
U radu je analiziran problem prinacenja tužbe u parnicama za novcanu naknadu nematerijalne stete ... more U radu je analiziran problem prinacenja tužbe u parnicama za novcanu naknadu nematerijalne stete u ponovnom postupku koji se pred prvostepenim sudom vodi posle ukidanja presude. Razmotreno je da li je, s aspekta pravila 'ne bis in idem' i principa zabrane 'rcformatio in peius', dopusteno da tužilac u ponovnom postupku pred prvostepenim sudom u celosti preinaci svoju tužbu i kad protiv presude kojom je njegovzahtev delimicno odbijen nije izjavio žalbu. Na osnovu rezultata izrvsene analize, zakljuceno je da je tužilac, koji žalbom nije pobijao odbijajuci deo presude, ovlascen da u ponovnom postupku pred prvostepenim sudom preinaci svoju tužbu, ali samo u odnosu na deo tužbenog zahteva koji je prvostepeni sud uvojio.
In the past few decades, Austrian Family Law has encountered a complete transformation. The chang... more In the past few decades, Austrian Family Law has encountered a complete transformation. The change has ensued from the altered perception of childhood, parenthood and other social factors, from the need to implement the international standards on human rights and the rights of the child, as well as from the obligation to transpose the EU law into the national legislation and to keep up with the contemporary developments in the European Family Law. In the past decades, Austria has significantly augmented the provisions on parental custody and improved the legal position of the child. Within the latest legal intervention in 2013, Austria has abolished almost all differences between legitimate and illegitimate children, and joint custody has become the predominant form of parental custody. Furthermore, the legislator has instituted special mechanisms aimed at providing for proper court intervention in cases of crisis and/or conflict for the purpose of protecting the family members'...
The Commissioner for Protection of Equality is an autonomous and independent state authority esta... more The Commissioner for Protection of Equality is an autonomous and independent state authority established on the basis of the Law on the Prohibition of Discrimination (2009), as a central national institution for protection from and suppression of discrimination. The article analyses the legal profile and position of the institution within the legal system, the role and scope of its authority in preventing and reacting to discrimination. In addition, the Commissioner?s acting upon complaints has been considered, as well as so-called strategic litigation, its potentials, and the indicators used for identifying strategically important cases of discrimination, and the requirements for initiating strategic litigation.
This paper is aimed at analyzing the procedure of involuntary hospitalization of persons with men... more This paper is aimed at analyzing the procedure of involuntary hospitalization of persons with mental disorder. Considering the fact that enforced hospitalization interferes with the fundamental human rights and individual freedoms, the rules of involuntary hospitalization procedure have to provide for the legality of decisions, prevent possible abuses and enable the exercise of legitimate rights and interests of persons with mental disorder confined to treatment in psychiatric institutions. Bearing in mind the significance of the involuntary hospitalization procedure, the author of this paper provides a critical analysis of the national regulation on involuntary hospitalization. The aim of this analysis is to observe whether the rules of involuntary hospitalization procedure comply with the generally recognized international and European standards on the human rights protection of persons with mental disorder, and to identify the shortcomings of the existing mechanism of involuntary...
This paper is dedicated to recognizing police work and intervention in the cases of domestic viol... more This paper is dedicated to recognizing police work and intervention in the cases of domestic violence. Keeping in mind the relationship between the offender and the victim in the cases of domestic violence, seriousness of the consequences, as well as the fact that, during the intervention, police is the first state agency which ?disturbs? the sphere of family privacy, it is very important to study the way police is reacting, establish the degree of its efficiency and explore the factors that determine the efficiency of police intervention. The paper points out the policy of police response to domestic violence in some foreign systems (Great Britain, USA, Australia). Particular attention is paid to consideration of activities police is dealing with while collecting the data on the violence, victim and the offender, the way police is reacting in order to prevent new violence, as well as the responsibility and aims police has during the intervention.
In this paper authors analyze seven cases of domestic violence in Nis area during one year of imp... more In this paper authors analyze seven cases of domestic violence in Nis area during one year of implementation of the new criminal offence domestic violence. Using the method of indirect observation and interviews, authors give us an overview of police's, prosecutors and court's intervention in domestic violence cases. In spite of small number of registered and processed domestic violence cases, some negative phenomenons are observed. Those phenomenons unable efficient and accurate preventive and repressive actions toward abuser. Majority of these observed facts are noted and explained, with underlining the consequences and a way for overcoming them. In order to reach valid and scientifically based conclusion about implementation of laws regarding domestic violence, it is essential to undertake extensive research in Serbia, including a research of a practice of the police, prosecutors and courts. Results of such research would allow qualitative theoretical overview of law enfo...
Disputes in the sphere of law are solved by applying diverse court and non-court methods and tech... more Disputes in the sphere of law are solved by applying diverse court and non-court methods and techniques. Apart from traditional methods of solving disputes by sentencing, many national legal systems have also developed different alternative mechanisms for the peaceful dispute resolution (so called ADR techniques - Alternative Dispute Resolution), among which the process of mediation has a special significance. The application of mediation exists in Serbian law as well, but this method is not being used regularly. The most important reason for this is that we still haven?t obtained all the necessary organizational, functional and other conditions that would enable a practical verification of mediation?s advantages and potentials. It is not easy to predict the pace and intensity of the future work on the enhancement and affirmation of mediation in Serbian society. However, it is evident that the time of mediation is inevitably coming.
In this paper, the authors discuss models of integrating gender issues, gender perspective and so... more In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Nis has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.
Gender Studies (Gender Studies, Women’s Studies, Gender Studies / Women’s Studies) by multi / int... more Gender Studies (Gender Studies, Women’s Studies, Gender Studies / Women’s Studies) by multi / interdisciplinary approach to various topics in the field of social sciences, humanities, arts, sciences, and thus significantly affect the modernization of university programs. The paper deals with the introduction of gender mainstreaming women’s/gender studies in university education in European countries and in Serbia. Experience shows that gender studies are the most important resource in the production and transmission of knowledge about gender relations as successfully deconstruct patriarchal culture and encourage the development of gender sensitive and critical awareness of the social relations, processes and policies, thus preparing young people for effective and active citizenship and a new gender partnership of private and public life.
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