Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006and Youth Initiative for Human Rights sent an open letter to the MPs onNovember 9 th , 2006. In this letter, they warned that decreasing the right tofree access of information in inadmissible: 106“Do not even think about introducing the new legal provisions in orderto reduce the Commissioner’s work to “the monitoring of the right ofcitizens to be informed”. The Commissioner’s work is clearly stipulated bythe Law and consists, primarily, of providing legal aid to those who havebeen denied access to the information possessed by a state institution. Thisis the European and world standard from which MPs must not deviate,because any deviation would be conducive to a breach against the rule whichprohibits the attained level of human rights protection to be subsequentlyabased (Article 20, Count 2, new Constitution of Serbia)”. 107Right to Enter into Marriage and Equality ofSpousesArticle 62Everyone shall have the right to decide freely on entering or dissolving a marriage.Marriage shall be entered into based on the free consent of man and woman before the statebody.Contracting, duration or dissolution of marriage shall be based on the equality of man andwoman.Marriage, marital and family relations shall be regulated by the law.Extramarital community shall be equal with marriage, in accordance with the law.In this Article the achieved level of human rights had also been reduced. Thesmall Charter contained a regulation in which it was stated that a marriagecan be concluded on the basis of free consent of the future spouses 108 .Contrary to that, the Constitution defines the sex of the future spouses, sothat they have to be a man and a woman. By this restriction the strugglerecognition of marriage between persons of the same sexual orientation,which has already been recognized, is limited 109 . In Serbia, such aspirations106 The letter is available at the web site: http://www.yihr.org/english/PressReleases/2006/2006HTML/DO%20NOT%20TOUCH%20THE%20LAW%20ON%20FREE%20ACCESS%20TO%20INFORMATION.php,visited on November 25 th 2006107 Ibid108 Article 25, Paragraph 1 of the Small Charter, see above under 36109 Holland, Belgium, Spain, Sweden...30
Implementation of Transitional Laws in Serbia 2006will automatically be stopped by this kind of constitutional solution, whichhad not been banned in the previous Charter.Freedom to ProcreateArticle 63Everyone shall have the freedom to decide whether they shall procreate or not.The Republic of Serbia shall encourage the parents to decide to have children and assist themin this matter.Regulations on the freedom to procreate have unnecessarily been changed,which has created confusion about who can make a decision on childbirth.The logical and natural solution, until now undisputed in the Serbianlegislature, was that the mother decides whether to give birth or not. In theEuropean system of human rights this is also a right of privacy, which hasnot been regulated by the Constitution. Instead of the right of a motherto decide on childbirth, the new Constitution regulates that anyone candecide on childbirth. Such a formulation, besides being nonsensical (whatdoes everyone mean? — father, state, party, church...), also gives rise to thequestion of the intentions of the framers of the Constitution concerningthe right to abortion. A conservative attitude of a future ConstitutionalCourt of Serbia could easily interpret this regulation in a way that wouldendanger the achieved level of human rights, and even ban abortion.Right to Legal AssistanceArticle 67Everyone shall be guaranteed right to legal assistance under conditions stipulated by the law.Legal assistance shall be provided by legal professionals, as an independent and autonomousservice, and legal assistance offices established in the units of local self-government in accordancewith the law.The law shall stipulate conditions for providing free legal assistance.Legal assistance is regulated in the Constitution in a way which does notleave space for the public discussion which is now in progress in Serbia, onwhat legal assistance is and who has the right to give it. The Constitution31
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Implementation of Transitional Laws in Serbia 2006

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