Journal of the Institute of Criminological and Sociological Research No. 1/2021

THE NEED AND POSSIBILITIES OF LEGAL CONSIDERATION AND TREATMENT OF THE DISAPPEARANCE OF BABIES

Vladan Joldžić

Institute of Criminological and Sociological Research, Belgrade

Received: February 8, 2021

Accepted: May, 11 2021

UDK: 347.172-053.31(497.11)

Pages: 103-132

doi: doi.org/10.47152/ziksi2021016

The subject of the paper, obvious from the title itself, arose from our interest in whether there is an adequate socio-legal reaction to the disappearance of babies from the maternity hospital, especially at domestic terrain. It is a phenomenon that is claimed to have been present for decades not only in Serbia but in practically all countries. In Serbia, for many years, parents who claim that their baby was stolen from the maternity hospital were asked to pass a law that would treat it appropriately. The same requires a decision of the European Court of Human Rights in the case of Zorica Jovanovic v. Serbia. Therefore, it is not surprising that it has been worked on in Serbia since 2014. When it was passed, it immediately caused controversy, and so did our suspicions. Hence our desire to analyze it, and in this way to point out the possible ways, means and elements necessary for the correction of its shortcomings, if we notice them.

KEY WORDS: international law, Constitution, laws, institutions, protection of rights

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