At the present stage of the process of globalization, national economies cannot remain only passive observers of its movement, but must actively participate and become an equal subject in the market game. Regardless of its own, both innate and acquired defects, the market cannot be omitted from the process of globalization. Therefore, the role of national states must concentrate on creating a favorable macroeconomic environment for intensifying the growth of the domestic economy on one, apropos, to the strengthening of its foreign positions, on the other side. In this context, national states should retain their legislative, organizational and control powers, not with the aim of eliminating the market, but vice versa, to direct it in the desired directions. National states have small, or almost no, options for their choice. Establishing a global free market is a political project in the interest of the wealthy developed capitalist countries. The main conclusion of this study should be a mandatory task, especially for the small and undeveloped economies to develop its own strategy of economic and social development. The starting premises would be: the pace of economic growth, the degree of openness of the economy, the real possibility to engage in global processes, etc., and only then, the concept for their integration into the world economy can be built. The synthesis of the economic and social component can further conceive the strategy of liberalization, that is, competitiveness. At the same time, it could be possible to work on the formation of regional integration units for better protection of the national economic interests in general, or protecting domestic enterprises in competition with the TNC, in particular. Regional integration unities, as stronger than national ones, can more successfully fight for more equal treatment at the international level. Therefore, the process of globalization that is realized by linking special societies that are organized as states (most often national ones) should not be carried out by abolition, but by state cooperation. The abolition of national states would present a basis for destroying the culture of peoples and nations, erasing their traditions, and in that context limiting the possibility of expressing the special features and integrity of their citizens. The vision of the globalized world should seek a new balance of forces and influences that will be based on an open and fruitful dialogue and full respect for the dignity of others, or in other words respecting the cultural specifics of each nation.
{"title":"OSNOVNI MEHANIZMI NACIONALNE EKONOMSKE POLITIKE U SLUŽBI PODSTICAJA KONKURENTNOSTI INDUSTRIJE ZEMALjA U RAZVOJU","authors":"N. Dugalić","doi":"10.46793/gp.1001.091d","DOIUrl":"https://doi.org/10.46793/gp.1001.091d","url":null,"abstract":"At the present stage of the process of globalization, national economies cannot remain only passive observers of its movement, but must actively participate and become an equal subject in the market game. Regardless of its own, both innate and acquired defects, the market cannot be omitted from the process of globalization. Therefore, the role of national states must concentrate on creating a favorable macroeconomic environment for intensifying the growth of the domestic economy on one, apropos, to the strengthening of its foreign positions, on the other side. In this context, national states should retain their legislative, organizational and control powers, not with the aim of eliminating the market, but vice versa, to direct it in the desired directions. National states have small, or almost no, options for their choice. Establishing a global free market is a political project in the interest of the wealthy developed capitalist countries. The main conclusion of this study should be a mandatory task, especially for the small and undeveloped economies to develop its own strategy of economic and social development. The starting premises would be: the pace of economic growth, the degree of openness of the economy, the real possibility to engage in global processes, etc., and only then, the concept for their integration into the world economy can be built. The synthesis of the economic and social component can further conceive the strategy of liberalization, that is, competitiveness. At the same time, it could be possible to work on the formation of regional integration units for better protection of the national economic interests in general, or protecting domestic enterprises in competition with the TNC, in particular. Regional integration unities, as stronger than national ones, can more successfully fight for more equal treatment at the international level. Therefore, the process of globalization that is realized by linking special societies that are organized as states (most often national ones) should not be carried out by abolition, but by state cooperation. The abolition of national states would present a basis for destroying the culture of peoples and nations, erasing their traditions, and in that context limiting the possibility of expressing the special features and integrity of their citizens. The vision of the globalized world should seek a new balance of forces and influences that will be based on an open and fruitful dialogue and full respect for the dignity of others, or in other words respecting the cultural specifics of each nation.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"07 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114095175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the draft of the Republic of Serbia Civil Code the legislator regulates the matter of a gift in prospect of death in the section entitled Gift. The complexity of this institute is reflected in the dilemma - is it exclusively characterized by its contractual nature, or it contains the elements of inheritance law as well. If one of its characteristics is that the gift donor has the right to unilaterally terminate the gift agreement at any time, as much as a testator may withdraw his legacy from the will, than a gift in prospect of death undoubtedly represents a legal action which contains the elements of inheritance law. The other dilemma refers to the subjects whom a gift donor may terminate the rights from the gift agreement made in prospect of death – is it just the donee who the donor may deprive of the gift or his heirs as well in case the donor survives the donee. Having analyzed the proposed provisions regulating the issue of the gift in the prospect of death in the draft of the Republic of Serbia Civil Code, the author presents his views on issues and dilemma related to this concept, as well as to its characteristics and legal nature.
{"title":"POKLON ZA SLUČAJ SMRTI U NACRTU GRAĐANSKOG ZAKONIKA REPUBLIKE SRBIJE","authors":"Slobodan Daković","doi":"10.46793/gp.1001.019d","DOIUrl":"https://doi.org/10.46793/gp.1001.019d","url":null,"abstract":"In the draft of the Republic of Serbia Civil Code the legislator regulates the matter of a gift in prospect of death in the section entitled Gift. The complexity of this institute is reflected in the dilemma - is it exclusively characterized by its contractual nature, or it contains the elements of inheritance law as well. If one of its characteristics is that the gift donor has the right to unilaterally terminate the gift agreement at any time, as much as a testator may withdraw his legacy from the will, than a gift in prospect of death undoubtedly represents a legal action which contains the elements of inheritance law. The other dilemma refers to the subjects whom a gift donor may terminate the rights from the gift agreement made in prospect of death – is it just the donee who the donor may deprive of the gift or his heirs as well in case the donor survives the donee. Having analyzed the proposed provisions regulating the issue of the gift in the prospect of death in the draft of the Republic of Serbia Civil Code, the author presents his views on issues and dilemma related to this concept, as well as to its characteristics and legal nature.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115355982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Interest in solving the problem of changed circumstances in contractual relationships is shown not only by lawyers, but also by economic entities and their associations. Due to the very narrow application of international and national sources in the court and arbitration practice, the parties, in order to eliminate the uncertainty about whether or not, when and in what direction the changed circumstances affect the legal effect of the contract, most often explicitly allocate the risk of their occurrence. In order to free the routine approach that leads to blind stimulation and rewriting, i.e. entering into the contract of the usual safeguard clauses, without a complete understanding of their importance, it is necessary to become familiar with the types, content and effect of these clauses. By examining these issues in advance and contracting provisions appropriate to the circumstances and needs of specific transactions can be avoided many damages and deficiencies that may arise post factum in business practice.
{"title":"HARDSHIP KLAUZULA","authors":"Jovan Vujičić","doi":"10.46793/gp.0902.087v","DOIUrl":"https://doi.org/10.46793/gp.0902.087v","url":null,"abstract":"Interest in solving the problem of changed circumstances in contractual relationships is shown not only by lawyers, but also by economic entities and their associations. Due to the very narrow application of international and national sources in the court and arbitration practice, the parties, in order to eliminate the uncertainty about whether or not, when and in what direction the changed circumstances affect the legal effect of the contract, most often explicitly allocate the risk of their occurrence. In order to free the routine approach that leads to blind stimulation and rewriting, i.e. entering into the contract of the usual safeguard clauses, without a complete understanding of their importance, it is necessary to become familiar with the types, content and effect of these clauses. By examining these issues in advance and contracting provisions appropriate to the circumstances and needs of specific transactions can be avoided many damages and deficiencies that may arise post factum in business practice.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130061862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this paper, we displayed the analysis of the existing constitutional state in Republic of Serbia and we gave the perception of upcoming phase of constitutional development. Widely announced and expected constitutional revision in Serbia would probably affect various segments of constitutional matter, and the authors especially distinguish and point out the attractiveness of potential changes of constitutional solution of institution of president of Republic. This question belongs to the circle of challenging subjects, which would be put on the table of discussions about constitutional changes. The potential change of the manner for election the chief of state would leave the constitutional consequences on the existing relation within the institutions of executive power and also on the whole system of government. The methodological framework ranges from dogmatic-normative analysis of existing constitutional solutions, along with the use of historical method when it comes to the previous period of constitutional development of Serbia. The use of political approach during conducted research is in the function of highlighting additional argumentation, which would be used for justifying attitudes and suggestions.
{"title":"USTAVNA REVIZIJA INSTITUCIJE PREDSEDNIKA SRBIJE","authors":"Jelena P. Vučković","doi":"10.46793/gp.0901.03v","DOIUrl":"https://doi.org/10.46793/gp.0901.03v","url":null,"abstract":"In this paper, we displayed the analysis of the existing constitutional state in Republic of Serbia and we gave the perception of upcoming phase of constitutional development. Widely announced and expected constitutional revision in Serbia would probably affect various segments of constitutional matter, and the authors especially distinguish and point out the attractiveness of potential changes of constitutional solution of institution of president of Republic. This question belongs to the circle of challenging subjects, which would be put on the table of discussions about constitutional changes. The potential change of the manner for election the chief of state would leave the constitutional consequences on the existing relation within the institutions of executive power and also on the whole system of government. The methodological framework ranges from dogmatic-normative analysis of existing constitutional solutions, along with the use of historical method when it comes to the previous period of constitutional development of Serbia. The use of political approach during conducted research is in the function of highlighting additional argumentation, which would be used for justifying attitudes and suggestions.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130681682","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Amendments and supplements of the Serbian Company Law from June 2018 have significantly influenced the duty to report businesses and acts in which exists personal interest, which represents one of the five special duties towards company, according to the Serbian company law. The basic novelties in this area are inspired by the changes of the EU Directive on shareholders’ rights from May 2017. The subject of this paper is analysis of the mentioned changes and their relationship with the law which has not been changed, as well as its compliance with above mentioned Directive, through the overview of the procedure of application of the duty to report businesses and acts in which exists personal interest. The author in the paper analyses each phase of this procedure, while he particularly emphasizes the novelties which he considers as inadequate. Finally, the author gives concrete recommendations to the Serbian legislator, aimed at improvement of current legal regime of duty to report businesses and acts in which exists personal interest.
{"title":"PROMENE U PRAVNOM REGULISANjU DUŽNOSTI PRIJAVLjIVANjA POSLOVA I RADNjI U KOJIMA POSTOJI LIČNI INTERES","authors":"B. Mihajlović","doi":"10.46793/gp.0902.053m","DOIUrl":"https://doi.org/10.46793/gp.0902.053m","url":null,"abstract":"Amendments and supplements of the Serbian Company Law from June 2018 have significantly influenced the duty to report businesses and acts in which exists personal interest, which represents one of the five special duties towards company, according to the Serbian company law. The basic novelties in this area are inspired by the changes of the EU Directive on shareholders’ rights from May 2017. The subject of this paper is analysis of the mentioned changes and their relationship with the law which has not been changed, as well as its compliance with above mentioned Directive, through the overview of the procedure of application of the duty to report businesses and acts in which exists personal interest. The author in the paper analyses each phase of this procedure, while he particularly emphasizes the novelties which he considers as inadequate. Finally, the author gives concrete recommendations to the Serbian legislator, aimed at improvement of current legal regime of duty to report businesses and acts in which exists personal interest.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121319195","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The author presents the historical genesis of the institute of construction law, with the purpose of presenting the reasons for its introduction in the first place, starting from Roman law to the first civil codifications that can be called modern. In this regard, this paper presents Roman long-term land leases first (emphyteusis and superficies). Superficies are considered the forerunner of modern construction law, because, among other similarities, it had almost the same purpose that is achieved today by construction law: to enable cheaper construction of buildings on someone else's land. Part of this paper is dedicated to the reasons for the revival of the institute of construction rights in the first civil codifications from the end of the 19th and the beginning of the 20th century (Austrian law, German law, French law). This part of the paper will also reflect the forms of this right (construction rights and superficiary rights) which occurred when the Roman law was accepted in the countries of the Germanic and Roman legal circles. In the same period in Serbian law, there was an institute of permanent right to use construction land in social or state ownership, which was in accordance with the, now abandoned, collectivist concept of property rights and which in some way satisfied the interests of individuals and society as a whole. Today, construction right is regulated by most of the legal systems in the region, but also by the countries of continental Europe. In Serbia, this legal institute has never been regulated in the form we find in comparative law, but its introduction was proposed by the preliminary draft of the Civil Code of Serbia, which, if accepted, will, in our opinion, be fully applied in domestic social relations.
{"title":"ISTORIJSKI RAZVOJ PRAVA GRAĐENjA","authors":"E. Kočan","doi":"10.46793/gp.1101.85k","DOIUrl":"https://doi.org/10.46793/gp.1101.85k","url":null,"abstract":"The author presents the historical genesis of the institute of construction law, with the purpose of presenting the reasons for its introduction in the first place, starting from Roman law to the first civil codifications that can be called modern. In this regard, this paper presents Roman long-term land leases first (emphyteusis and superficies). Superficies are considered the forerunner of modern construction law, because, among other similarities, it had almost the same purpose that is achieved today by construction law: to enable cheaper construction of buildings on someone else's land. Part of this paper is dedicated to the reasons for the revival of the institute of construction rights in the first civil codifications from the end of the 19th and the beginning of the 20th century (Austrian law, German law, French law). This part of the paper will also reflect the forms of this right (construction rights and superficiary rights) which occurred when the Roman law was accepted in the countries of the Germanic and Roman legal circles. In the same period in Serbian law, there was an institute of permanent right to use construction land in social or state ownership, which was in accordance with the, now abandoned, collectivist concept of property rights and which in some way satisfied the interests of individuals and society as a whole. Today, construction right is regulated by most of the legal systems in the region, but also by the countries of continental Europe. In Serbia, this legal institute has never been regulated in the form we find in comparative law, but its introduction was proposed by the preliminary draft of the Civil Code of Serbia, which, if accepted, will, in our opinion, be fully applied in domestic social relations.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114697447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this paper the author deals with the abuses of the proceeding rights to an individual application before European Court of Human Rights. Analysing the Court decisions, the author becomes to a definition of the proceeding abuses in the European Court of Human Rights. In this paper the author detailed studied the criteria of the Court which are constitutive for the abuses in the cases.
{"title":"ZLOUPOTREBA PRAVA NA POJEDINAČNU PREDSTAVKU EVROPSKOM SUDU ZA LjUDSKA PRAVA","authors":"Milan Davidović","doi":"10.46793/gp.1001.041d","DOIUrl":"https://doi.org/10.46793/gp.1001.041d","url":null,"abstract":"In this paper the author deals with the abuses of the proceeding rights to an individual application before European Court of Human Rights. Analysing the Court decisions, the author becomes to a definition of the proceeding abuses in the European Court of Human Rights. In this paper the author detailed studied the criteria of the Court which are constitutive for the abuses in the cases.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124571539","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Originally, fideicommissum represented the wish of the testator related to, for example, the place of burial, or the wish related to concluding marriage, etc. Such wishes in those times were not legally binding, but rather created moral obligation for the persons to whom they were directed to execute them. It was a wish, or a request made by the testator to be fulfilled by the persons who inherited his estate. Later on, it was Augustus who instituted fideicommissum as legally binding by favouring it in particular cases related to property rights. Fideicommissum was very similar to one other institution which also originated from Roman law, the legate. However, this institution exclusively referred to property, which was not the case with fideicommissum. These distinctions were lost in Justinian's Code where they became synonyms. In postclassical law, another institution emerged, called family fideicommissum (fideicommissum familiae relictum), which made family property inalianable. Thus, this fideicommissum ordered that family property be inherited by the eldest son (primogenitura), or the youngest son (ultimogenetura). This institution was fully applied in the Middle Ages becoming the basis of the social order of those times. It was abolished by bourgeois revolution and was not accepted later on in modern legislations. Fideicommissum was the part of Austrian Civil Code, as well as Serbian Civil Code which originated from it.
最初，fideicommissum代表遗嘱人的愿望，例如，与埋葬地点有关的愿望，或与缔结婚姻有关的愿望等。在那个时代，这样的愿望没有法律约束力，而是为那些被指示执行这些愿望的人创造了道德义务。这是遗嘱人提出的愿望或请求，由继承其遗产的人来履行。后来，奥古斯都在与产权有关的特殊情况下，通过支持这种做法，制定了具有法律约束力的诚信原则。fiddeicommissum与另一种制度非常相似，它也起源于罗马法，即公使。然而，这一制度只涉及财产，而fideicommissum则不是这样。这些区别在查士丁尼法典中消失了，它们成了同义词。在后古典法中，出现了另一种制度，称为家庭财产不可分割(fideicommissum familiae relictum)，它使家庭财产不可分割。因此，这一法律规定家庭财产由长子(primogentura)或小儿子(ultimogentura)继承。这一制度在中世纪得到充分应用，成为当时社会秩序的基础。它在资产阶级革命中被废除，后来在现代立法中没有被接受。诚信是奥地利民法典的一部分，塞尔维亚民法典也起源于此。
{"title":"PORODIČNI FIDEIKOMIS U RIMSKOM PRAVU I NEKIM EVROPSKIM KODIFIKACIJAMA","authors":"Emilija Stanković","doi":"10.46793/gp.0902.109s","DOIUrl":"https://doi.org/10.46793/gp.0902.109s","url":null,"abstract":"Originally, fideicommissum represented the wish of the testator related to, for example, the place of burial, or the wish related to concluding marriage, etc. Such wishes in those times were not legally binding, but rather created moral obligation for the persons to whom they were directed to execute them. It was a wish, or a request made by the testator to be fulfilled by the persons who inherited his estate. Later on, it was Augustus who instituted fideicommissum as legally binding by favouring it in particular cases related to property rights. Fideicommissum was very similar to one other institution which also originated from Roman law, the legate. However, this institution exclusively referred to property, which was not the case with fideicommissum. These distinctions were lost in Justinian's Code where they became synonyms. In postclassical law, another institution emerged, called family fideicommissum (fideicommissum familiae relictum), which made family property inalianable. Thus, this fideicommissum ordered that family property be inherited by the eldest son (primogenitura), or the youngest son (ultimogenetura). This institution was fully applied in the Middle Ages becoming the basis of the social order of those times. It was abolished by bourgeois revolution and was not accepted later on in modern legislations. Fideicommissum was the part of Austrian Civil Code, as well as Serbian Civil Code which originated from it.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"64 S12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132418206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The right of the child to freedom of religion belongs to a group of child's participation rights that is of exceptional importance both in terms of child's development and in the context of the identity of a child. However, this right has less legal and practical scope than other child's participation rights. The basic reason for limited range of the child's right to freedom of religion is that the mentioned right is primarily exercised within the legal space in which parents exercise the right to raise and provide education to a child. Simultaneously, the right of the child to freedom of religion has external limitations set by the rights and interests of third parties, as well as the interests of wider social environment. The child's right to freedom of religion comprises two distinctive elements which may be referred as internal and external element of the right. Thus, the internal element of the right includes freedom to have or to adopt a religion or belief of his/her choice. On the other hand, the external component of this right involves freedom to manifest his/her religion or belief in worship, observance, practice and teaching. The United Nations Convention on the Rights of the Child explicitly recognises only external element of the child's right to freedom of religion. That is why the content of this right should be primarily determined in the line with the European Convention for the Protection of Human Rights and Fundamental Freedoms, Protocol No. 1 to this Convention and International Covenant on Civil and Political Rights that offer more complete approach to the right to freedom of religion. Generally, The UN Committee on the Rights of the Child is more reluctant to suggest stronger application of the child's right to freedom of religion at the expense of parental responsibility comparing to cases when other participation rights of a child are at stake. To be more precisely, the closer determination of this right is left to national legislations. Therefore, three different approaches to the scope of a child's rights to freedom of religion may be distinguished in terms of national laws. The first approach may be designated as paternalistic one since the child's right to freedom of religion is primarily subordinated to parental rights to raise and provide education to a child. Unlike this approach, dogmatic standpoint implies the existence of official and dominant religion where parents are obliged to raise their child in accordance with religious rules. From the child rights-based aspect, the most adequate standpoint is to adopt participatory approach where the child of certain age is empowered to fully exercise the right to freedom of religion. Concerning parental rights to provide religious education to their children, it is important to consider case law of the European Court of Human Rights in respect to state interference with the one's right to manifest his/her religion or belief. It may be concluded that a state does not have
{"title":"PRAVO DETETA NA SLOBODU VEROISPOVESTI U KONTEKSTU RODITELjSKOG PRAVA NA VASPITAVANjE I OBRAZOVANjE DETETA","authors":"Veljko Vlašković","doi":"10.46793/gp.0902.067v","DOIUrl":"https://doi.org/10.46793/gp.0902.067v","url":null,"abstract":"The right of the child to freedom of religion belongs to a group of child's participation rights that is of exceptional importance both in terms of child's development and in the context of the identity of a child. However, this right has less legal and practical scope than other child's participation rights. The basic reason for limited range of the child's right to freedom of religion is that the mentioned right is primarily exercised within the legal space in which parents exercise the right to raise and provide education to a child. Simultaneously, the right of the child to freedom of religion has external limitations set by the rights and interests of third parties, as well as the interests of wider social environment. The child's right to freedom of religion comprises two distinctive elements which may be referred as internal and external element of the right. Thus, the internal element of the right includes freedom to have or to adopt a religion or belief of his/her choice. On the other hand, the external component of this right involves freedom to manifest his/her religion or belief in worship, observance, practice and teaching. The United Nations Convention on the Rights of the Child explicitly recognises only external element of the child's right to freedom of religion. That is why the content of this right should be primarily determined in the line with the European Convention for the Protection of Human Rights and Fundamental Freedoms, Protocol No. 1 to this Convention and International Covenant on Civil and Political Rights that offer more complete approach to the right to freedom of religion. Generally, The UN Committee on the Rights of the Child is more reluctant to suggest stronger application of the child's right to freedom of religion at the expense of parental responsibility comparing to cases when other participation rights of a child are at stake. To be more precisely, the closer determination of this right is left to national legislations. Therefore, three different approaches to the scope of a child's rights to freedom of religion may be distinguished in terms of national laws. The first approach may be designated as paternalistic one since the child's right to freedom of religion is primarily subordinated to parental rights to raise and provide education to a child. Unlike this approach, dogmatic standpoint implies the existence of official and dominant religion where parents are obliged to raise their child in accordance with religious rules. From the child rights-based aspect, the most adequate standpoint is to adopt participatory approach where the child of certain age is empowered to fully exercise the right to freedom of religion. Concerning parental rights to provide religious education to their children, it is important to consider case law of the European Court of Human Rights in respect to state interference with the one's right to manifest his/her religion or belief. It may be concluded that a state does not have","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117228224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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