Violations of human rights and fundamental freedoms during the state of emergency - To whom to turn to?

19 / april / 2020.

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Derogation from certain rights and freedoms may be justified by a public danger that endangers the survival of the state or of its citizens. 
However, this in no way implies that the line between the justified derogation and the abuse / misuse of rights, may be crossed. 
Under current circumstances, cases of discrimination, violations of freedom of expression, violations of the right to privacy, violations of the freedom of movement, cases of police torture, and many other, may take place.
Also, under pressure and in mandatory isolation. the number of cases of domestic and / or partner violence may increase.  
Our goal is to provide readers with brief overview of the options available if such violations take place. Read the full text (in Serbian) written by our team here.

Initiatives were filed to the Constitutional Court - How could the reasoning of the Court look like?

17 / april / 2020.

Tri tacke Soon, Serbia shall enter the sixth week of living under the state of emergency. The state of emergency was introduced on 15 March and certain human rights and fundamental freedoms were derogated. One month later, several initiatives were filed to the Serbian Constitutional Court asking the Court to examine the constitutionality and legality of certain regulations, among other of the infamous Decision on the Declaration of the State of Emergency
As the Court shall examine these initiatives in the near future, attorney at law Uros Siljanovic took a look into the European Court of Human Rights case law and has singled out few examples that could be of significance in the upcoming decisions making process. Read the full text (in Serbian) here.

Labor rights during the state of emergency in Serbia - What do the legal practitioners say?

30 / march / 2020.

Tri tacke On 15 March 2020, the authorities declared the state of emergency. In practice, such turn of events had a  significant affect on labor rights. Extraordinary circumstances raised concerns among citizens, as the regulations in force lack norms that would cover the new situation appropriately. Questions regarding employment, contracts, annexes to contracts, as well as on rights violations, have emerged almost immediately. In order to make the situation more clear and less uncertain, legal practitioners explain rights and obligations of workers, public servants and entrepreneurs. Read the full text (in Serbian) written by Law Scanner team here.

A Short Guide to the State of Emergency and Restrictions of Human Rights

16 / march / 2020.

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The state of emergency and the emergency situation - what is the difference? What rights must not be derogated even in a state of emergency (non-derogable rights)? The European Convention on Human Rights has been incorporated into legal order of the Republic Serbia, so is the declaration of the state of emergency to prevent the spread of a deadly virus (COVID 19) in accordance with the Convention? How long may the derogation of rights last?   

Click here and read the answers in A Short Guide to the State of Emergency and Restrictions of Human Rights, written by Prof. Violeta Besirevic of the Union University Law School in Belgrade (in Serbian).

About the Blog Section

01 / january / 2014.

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Welcome to the section dedicated to informal, short written forms on how and why the current state of human rights and fundamental freedoms could be and should be improved. 
We are handing out paper and pen to experts, activists, undergraduates, to postgraduates and scholars, with purpose to collect punctual yet brief analyses of relevant policies, examinations of observed malpractices, on suggestions for improvement, comparative overviews and/or guidelines on how to exercise human rights and fundamental freedoms we are entitled to. 
 
From now on, this corner of the online universe will serve as an observatory of current issues and affairs from the human rights perspective. It shall give voice to human rights advocates, but also it will serve as a platform that will bring this subject and its significance closer to each and every individual living in societies where illiberal, repressive, undemocratic practices have either survived or have only just started to take place.
 
If human rights are your cup of tea, if you study human rights or if you are a human rights lawyer (practitioner),send us your writings in Serbian or in English and we will consider posting them. E-mail us your suggestions, topics that you consider important, as well as your questions, criticisms, initiatives - our address is info@tritacke.org