Marija Draskic | University of Belgrade (original) (raw)

Papers by Marija Draskic

Anali Pravnog fakulteta u Beogradu, 2013

Anali Pravnog fakulteta u Beogradu, 1992

... deteta koje je rođeno u braku, isto kao i utvrđivanje očinstva u sudskom postupku za dete koj... more ... deteta koje je rođeno u braku, isto kao i utvrđivanje očinstva u sudskom postupku za dete koje je rođeno van braka, ne treba da bude dopušteno, budući da se na taj način obezbeđuje u ... 287.Metters, JS (1986) Artificial reproduction techniques in use and likely to be developed. ...

Anali Pravnog fakulteta u Beogradu - Časopis za pravne i društvene nauke, Oct 26, 2018

In recent years in Serbia – but also in recent decades in many other countries in the world – an ... more In recent years in Serbia – but also in recent decades in many other countries in the world – an intensive campaign of various social (most often Internet) groups against compulsory vaccination of children has taken place. Except for the pseudo-scientific study of Andrew Wakefield (1998), which has since been contested several times in serious scientific researches, as well as a few medical doctors in Serbia who referred to it, the whole of expert stakeholders, and epidemiologists in particular, has fiercely opposed the dangerous trend of parents renouncing compulsory vaccination of their children. This article aims to show that the consent to compulsory vaccination of children is not a matter of the right to autonomy in the field of medicine – which implies the freedom of every human being to decide on one’s own life and body – but instead a matter of public health, which inevitably means of public interest as well, a matter which should be decided by competent professionals.

Anali Pravnog fakulteta u Beogradu, 2008

Anali Pravnog fakulteta u Beogradu, Dec 29, 2022

The article highlights the severe deterioration of marital relations as laid down for the first t... more The article highlights the severe deterioration of marital relations as laid down for the first time in the Yugoslav Basic Law on Marriage in 1946 thanks to Professor Mihailo Konstantinović. Over time, different interpretations of some controversial issues related to the application of this provision have appeared in legal literature and judicial practice; in the first place, whether the spouse who is responsible for the disruption has the right to initiate divorce proceedings, as well as how the exclusive responsibility for severe deterioration can be determined. On the other hand, the insufficiently precise provision on the consensual request for divorce opened the way for discussions about whether the Basic Law recognized consensual petition, which was resolved by judicial practice by interpreting that the joint petition was recognized and given the significance of divorce on the basis of an agreement between the husband and the wife.

Anali Pravnog fakulteta u Beogradu - Časopis za pravne i društvene nauke, May 11, 2017

The author comments on the decision of the Constitutional Court in the Case of G. R. and draws at... more The author comments on the decision of the Constitutional Court in the Case of G. R. and draws attention on the fact that although the allegations and claims of the applicant in this case are substantially similar to the assessments of the European Court of Human Rights in the Case of Zorica Jovanovic v. Sebia , the facts and circumstances established by the Constitutional Court in the constitutional appeal Case of G. R . are significantly different from the facts established by the European Court in the Case of Zorica Jovanovic v. Serbia . Therefore, the first and most important consequence of the Constitutional Court decision reviewed in this article is to learn that all so-called “missing babies” cases – both before the domestic public authorities as well as before the European Court of Human Rights – are not the same. Contrary to the findings of facts by the European Court of Human Rights in the judgment Zorica Jovanovic v. Serbia (it is noted that the body of the applicant’s son was never released to the applicant or her family, the cause of death was never determined, the applicant was never provided with an autopsy report or informed of when and where her son had allegedly been buried, and his death was never officially recorded) from the documentation that has been filed with the Constitutional Court follows that the constitutional complainant could not have had any doubts regarding the report on the death of his children or uncertainty about the “crucial factual or legal issues” i.e. credible information as to what really happened to his children. The Constitutional Court also found that all the neatly guided medical protocols with data on the health status of twins, undertaken diagnostic and therapeutic procedures, anamnesis and discharge lists were delivered to the complainant. Unfortunately, despite all the efforts of doctors to save two premature infants, who were born with serious deficits in their basic functions, a fatal outcome was inevitable. The Constitutional Court also found that the facts of birth and death of both children were properly recorded in the Birth and Death Registers, that the parents did not respond to the call of the medical institution to bury their children, and that there is a credible evidence that funeral was carried out in the organization and at the expense of the Institute for neonatology, where children were treated and where a lethal outcome was performed. Therefore, the foregoing considerations were sufficient to enable the Constitutional Court to conclude that allegations of the complainant that he had no credible information about what happened to his children were unfounded in regard to allegations of violation of the right to respect for family life under Art. 8 of the European Convention on Human Rights.

Anali Pravnog fakulteta u Beogradu, 2018

Anali Pravnog fakulteta u Beogradu, 2001

California Western international law journal, 2000

I. THE DEFINITION OF TRANSSEXUALITY As children, society as a whole plays a significant role in s... more I. THE DEFINITION OF TRANSSEXUALITY As children, society as a whole plays a significant role in shaping our sense of gender and sexual identity. Born physiologically male, young boys are typically dressed in blue as infants; born physiologically female, young girls are dressed in pink. We visually recognize the differences between little girls and little boys and react accordingly. The medical term "gender dysphoria syndrome" describes the personal conflict between these external societal factors and the internal yearnings and emotions of a child or adult. It results when there is an inconsistency between one's perceived gender identity' and gender role 2 versus the outwardly visible primary and secondary biological sexual characters. 3 The result is an individual who perceives oneself internally as one gender, while outwardly appearing to be the other. Transsexuality (transsexualism) 4 is an extreme form of gender dysphoria characterized by an obsessive desire to be delivered from one's physical Professor, School of Law, University of Belgrade. 1. Gender identity refers to one's basic sense of self as a male or a female. See AMERICAN PSYCHIATRIC ASS'N, DIAGNOSTIC & STATISTICAL MANUAL OF MENTAL DISORDERS 261 (3d ed. 1980) [hereinafter DSM III]. Gender identity and biological sexuality are usually congruent. However, in some cases mild to severe discrepancies exist, causing feelings of gender dysphoria. See Russel Reid, Psychiatric and Psychological Aspects of Transsexualism,

Contemporary science still does not have complete reliable sources of evidences to establish pate... more Contemporary science still does not have complete reliable sources of evidences to establish paternity. That is the lesson why all sources of evidences are allowed in order to establish material truth. The author discusses three sources of evidences that can not be conducted without medical interventions on the body, and at the same time obligatorily include implicitly assent of the person to be submitted to that expert opinion. Those sources are the blood type and corresponding factor examination, examination of hereditary-biological characteristics and examination of DNA marks In comparative law, regarding submission to the medical expert opinion, there are two principles principle of obligatoriness and principle of voluntaries. The principle of voluntaries prevails and is also applied in our law.

Anali Pravnog fakulteta u Beogradu, 2020

Iako se na normativnom, pa i na praktičnom nivou razlika u nadležnostima Ustavnog suda i redovnih... more Iako se na normativnom, pa i na praktičnom nivou razlika u nadležnostima Ustavnog suda i redovnih sudova može dobro videti i objasniti, u Srbiji se vodila usijana rasprava o tome da li Ustavni sud uopšte može da kontroliše sudske odluke, odnosno da poništava sudske odluke, a posebno odluke najvišeg suda. Cilj ovog teksta je da prikaže jednu odluku Ustavnog suda koja dobro ilustruje i opravdava razloge zbog kojih je Ustavni sud dobio ovlašćenje da odlučuje i o ustavnim žalbama i tako uđe u prostor neposredne zaštite ustavom zajemčenih ljudskih prava i sloboda. U slučaju koji će biti predmet ovog komentara Ustavni sud je delovao na ujednačavanju nedosledne sudske prakse povodom spora o tome da li privilegovani rok zastarelosti treba da važi prema svakom odgovornom licu, a ne samo prema štetniku, i time zaštitio pravo na pravično suđenje onih građana koji su takvom praksom bili oštećeni. Ključne reči: Ustavni sud.-Vrhovni (kasacioni) sud.-Ustavna žalba.-Ljudska prava.-Privilegovani rok zastarelosti.

Anali Pravnog Fakulteta U Beogradu, 2005

Glasnik Advokatske komore Vojvodine, 2003

Anali Pravnog fakulteta u Beogradu

This paper is a continuation of the research that the author started several years ago and which ... more This paper is a continuation of the research that the author started several years ago and which was published in the article Compulsory Vaccination of Children: Rights of Patients or Interests of Public Health? The emphasis will be on professional and scientific discussions on whether it is permissible to prescribe mandatory vaccination during the COVID-19 pandemic, as well as whether this is in line with the Constitution and legally allowed for all or only for certain population categories in Serbia. Earlier decisions of the constitutional courts of Serbia, Croatia, and Slovenia, as well as the recent judgment of the ECtHR in the Vavřička case will be reconsidered. All these decisions by the highest national courts, as well as the judgment of the European Court of Human Rights, have unequivocally confirmed that mandatory vaccination is not contrary to some basic human rights regularly invoked by opponents of vaccination.

Although the difference in the competences of the Constitutional Court’s and courts’ of general j... more Although the difference in the competences of the Constitutional Court’s and courts’ of general jurisdiction can be observed and explained on the normative and even on the practical level, a heated debate took place in Serbia on whether the Constitutional Court could control judicial decisions at all. This paper seeks to outline one Constitutional Court decision that illustrates the reasons why the Constitutional Court obtained competence for the adjudication of constitutional appeals and therefore entered the area of direct protection of constitutionally guaranteed human rights. In the case that is the subject of this comment, the Constitutional Court acted to harmonize inconsistent case law in the case of the dispute as to whether the prolonged prescription period—in case of damage caused by a criminal offence—runs solely against a wrongdoer, or also against a person liable for damage caused by the wrongdoer, protecting the complainants’ right to a fair trial.