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The Government of the Republic of Serbia

In the service of citizens

Human rights to become guideline in judiciary, state organs

Belgrade, 25 September 2008

Serbian Minister of Human and Minority Rights Svetozar Ciplic opened today in Belgrade a two-day seminar themed "Implementing Article 8 of the European Convention on Human Rights“ particularly in the context of verdicts which the European Court of Human Rights made against Serbia.

Author: Tanjug

Ciplic said that representatives of the Serbian judiciary and state organs are not familiar enough with the European Convention on Human Rights when it comes to rights pertaining to family life.

Considering the previous experience in the implementation of the convention and problems which arose while executing the verdicts related with the violation of the rights to family life, we cannot be satisfied with our knowledge of the convention, said the Minister.

According to him, family rights and the rights of the child are very delicate areas and while executing verdicts related with the violation of these rights there are certain problems, which is why broader action of all state organs is necessary.

He noted that human rights envisaged in the convention and the practice of the European Court of Human Rights must be the basis and the guideline in the work of the judiciary, as well as other state organs.

When the court in Strasbourg determines that a right envisaged in the convention has been violated, the state must execute the verdict, that is, pay the fine established by the court, as well as correct the injustice as much as it can, he explained.

Minister of Justice Snezana Malovic said that rights guaranteed by the convention have the priority in relation to domestic legislature, adding that special attention must be paid to cases related with the private and family lives.

Future relations between parents and children must be determined and regulated in order to protect the interest of the child, specified Malovic and recalled that Serbia has introduced obligatory specialised training for judges in this respect.

President of the Serbian Supreme Court Vida Petrovic-Skero stated that Serbia must provide efficient and quality legal protection, determine and remove all causes of law violation and fulfil its obligations stemming from the European Convention on the Human Rights.

Petrovic-Skero said that first verdicts which the European Court of Human Rights made against Serbia were related with the violation of the right to family life and the right to fair trial within a reasonable timeframe, and added that there will be more such verdicts unless efficient legal remedies are found.

According to her, in order to protect the rights, the state must ensure not only efficient, but also expert work of courts, which must be guided by the court proceedings, be efficient and implement laws with a targeted interpretation.

She explained that by properly implementing the amended provisions of the Family law and the Law on court proceedings, better efficiency will be attainable, and added that social centres also have an important role in human rights protection.

The European Court of Human Rights in Strasbourg made 16 verdicts against Serbia from March 2004 until January 2008, most of which were related with the violation of the right to the fair trial within a reasonable timeframe and three referred to family relations.

The seminar was organised by the Ministry for Human and Minority Rights in cooperation with the Council of Europe’s General Directorate on Human Rights.