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The Network of Committees for Human rights in Serbia CHRIS is the only network of non-governmental organisations which provides
free legal aid to citizens in the Republic of Serbia in cases when
protection and achievement of their human rights have been denied since
2000.
In the first half of 2010 according to the data compiled from the
CHRIS Network five offices, 349 clients of ten different
nationalities addressed the CHRIS Network that might be considered a
balanced number of clients compared to the last four-year statistics. On
daily basis, the paralegals during interviews collect some basic data
on clients, such as: gender, education, employment status, nationality,
etc. In comparison to the previous year, this year we have had some more
female clients, unemployed, and with a secondary school degree; in
regard to the clients’ employment status, there have been no
significant changes; and as per the clients’ national structure,
the CHRIS Network has been mostly addressed by citizens of Serbian,
Bosniak, and Roma ethnicity
Current cases
The CHRIS Network Valjevo filed charges for discriminatory conduct and
violation of the right to access the court on behalf of a person with
disabilities. In this case, the provisions of two laws were breached:
the Law on Prevention of Discrimination against Persons with
Disabilities and the Law on the Protection of Discrimination in relation
to procedures before the public authorities organs and use of buildings
and surfaces.
In this year, a case started in April 2007 in Vranje by the CHRIS
Network lawyers was finally ended with a first instance decision where
the court sentenced the accused to five year imprisonment. The charges
had been filed for violating the right to physical integrity (sexual
harrassment and harrassment) and breaches of articles 19, 34, 35 and 36
of the UN Convention of the Rights of the Child.
As expected, by the end of 2010, the European Court for Human Rights
will decide upon one application filed by the CHRIS Network on behalf of
its client for violation of Article 3 of the European Convention on
Human Rights that prohibits torture, and "inhuman or degrading treatment
or punishment".
Increased violations of labour law rights
The mid-term period records an increase in the number of cases of
violation of rights related to labour law, which reflects volatile and
impaired situation in the Serbian labour area caused by domestic
economic hardships and international financial crisis. For a substantial
number of workers, it has been impossible to reach a minimum level of
social and economic rights. Their employment status provides them with
no regular salary and healthcare or pension insurances, in fact, it
prevents them to benefit from social aid available to unemployed,
socially vulnerable population. Furthermore, many are forced to work
with minimum wages and without contributions paid in the private sector.
Their rights are flagrantly violated and the state organs responsible
to keep legal order and safeguard the rights of workers are ineffectual
and non-functioning. Those workers are kept submissive and their
unstable working and economic status has been abused by employers who do
not get punished, just richer.
Increased cases of torture
Another legal qualification is more present compared to the same period
last year, i.e. there has been increase in cases of torture. What might
seem a low number (5) should not be neglected as these cases pose a
social threat to the right to live and to physical integrity that is the
first of all human rights.
The rights to one’s possessions
There has been a tendency of increased number of cases of violation of
the rights to one’s possessions. Although the rights under this category
vary from personal income to the rights to real estate, violation of
one of the basic and sacrosanct rights to peaceful enjoyment of one’s
possessions further contributes to legal insecurity of citizens.
Citizens rights before administrative organs
A massive administrative apparatus, inadequate level of investment in
human resources professionalisation, non-depolitisation of the state
administration, and non-accountability of one's performance are the main
obstacles for establishing an efficient and good administration.
Consequently, a high number of clients address the CHRIS Offices in
relation to violation of their rights before administrative organs.
Besides the efforts made in this area by the Republic Ombudsman, we
believe it is necessary to have a local ombudsman at local level that
would assure easier access to persons responsible for the protection of
the rights of citizens.
The right to fair trial
The first effects of the reformed judiciary and decrease in number of
judges has not positively reflected on judiciary efficacy, so the issue
of safeguarding the right to fair trial, i.e. a trial within a
reasonable time pursuant to article 6 of the European Convention on
Human Rights, is still very actual.
Notwithstanding Serbia’s continuous efforts since 2000 to reform the
performance of the state organs and judiciary through more efficient and
timely functioning of all segments of the government, it is evident
that the European laws do not mean European practice in Serbia. The
effects of the European Court for Human Rights' decisions are not
sufficient and it is necessary to establish a system of monitoring and
accountability for one’s deeds and acts that violate the rights
guaranteed by the European Convention on Human Rights.
Statistics since January 1, 2004:
- The CHRIS Network’s legal teams have provided free legal aid in 5635 cases.
- The Network’s lawyers have filed 75 cases on behalf of the citizens whose rights had been violated.
- 19 cases were resolved in favour of the citizens.
- Out of 8 applications filed before the European Court for Human
Rights (ECHR), 2 cases were completed in favour of the victims with
damages paid by the Republic of Serbia amounted to €3,500 and €10,000.
- One application was rejected and five applications have been processed by the ECHR.
The CHRIS Network legal teams implement several forms of legal aid:
provision of legal information and legal advice, writing applications,
and processing cases of human rights breaches before national and
international courts. The largest number of services provided to the
clients is in the domain of primary legal aid. Additionally, the CHRIS
Office paralegals continually provide information educating about
fundamental human rights and the existing protection mechanisms to
clients and citizens visiting the offices.
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