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Tuesday, 20 December 2016 00:00

The High Price of Free Legal Aid - NUNS

Vuk Raičević, Praxis Legal Advisor, gave an interview to NUNS and talked about free legal aid and legally invisible persons.

The text is available on the NUNS website

The Council of Europe, in co-operation with EuroChild and ChildPact, held a seminar on 15 and 16 December 2016 in Strasbourg on social rights, protection of children from violence, effective advocacy at the national level, and the available instruments offered by the Council of Europe to protect children’s rights. The meeting gathered 46 participants from national, regional and European networks and coalitions, international organizations, CSOs and the Council of Europe. The Network of Organizations for Children of Serbia - MODS was represented by Jasmina Mikovic from Praxis, a member of the Steering Committee of MODS.

Regina Jensdottir, CoE Head of the Children’s Division, presented general overview and working methods of the Council of Europe, including the Strategy for the Rights of the Child (2016-2021). The Strategy sets the following five priority areas to guarantee the rights of the child: equal opportunities for all children, participation of all children, a life free from violence for all children, child-friendly justice for all children and rights of the child in the digital environment. Children in Council of Europe member States are entitled to enjoy the full range of human rights safe-guarded by the European Convention on Human Rights, the UN Convention on the Rights of the Child and other international human rights instruments. These include civil, political, economic, social and cultural rights. This Strategy seeks to encompass all these categories of human rights and sets out the CoE’s and its member States’ commitment to make these rights a reality for all children.

In addition, the Council of Europe’s instruments in relation to combating violence against children were one of the topics. It is worth mentioning that highly significant documents in combating violence against children are the Convention on the Protection of Children from Sexual Exploitation and Sexual Abuse (Lanzarote Convention), the Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) and the Convention on Action against Trafficking in Human Beings.

Furthermore, it was pointed out why the European Social Charter is relevant for children’s rights and how it works. Also, the Registry of the European Court of Human Rights presented why the ECHR is relevant for children’s rights and what the most recent case law is.

The participants were encouraged to use CoE instruments, such as legal instruments, resolutions, reports and recommendations in order to hold their governments accountable. The representatives of the CoE emphasized that it is of great importance to encourage and facilitate the sustained provision of information to the CoE and to amplify the voice of the CSOs as to positively impact the work and the efficiency of the monitoring bodies of the CoE and enhance the implementation of the CoE standards.

Koordinatorka Praxisovog programa za migracije, Marijana Luković, u razgovoru za Oradio govorila je o teškim uslovima u kojima se nalazi sve veći broj izbeglica u Beogradu i Srbiji, kao i o preprekama sa kojima se susreću pokušavajući da dospeju do zemalja Evropske unije. 

Tekst možete pročitati na portalu Oradio.

Over the past few months, Praxis has been addressed by an increasing number of citizens facing the problems when trying to obtain ID card, due to the lack of the Serbian citizenship. Specifically, those people were born in one of the countries of the region and possessed permanent ID cards and were not aware that they were not registered in the citizenship registries. They now have to obtain new ID cards, biometric ID cards, until 2016.  In addition to people from Croatia, BiH, Macedonia, Montenegro and Slovenia, a few persons born in Bulgaria and Romania also addressed Praxis.

Those are mainly old people born in twenties and thirties of the last century, who have no one in their place of birth who could help them obtain documents that would be used as evidence in the procedure for admission into citizenship of Serbia which they are forced to initiate. These persons are often helpless, ill, bed-ridden, blind or alone, and it is almost impossible for them to go to the court to have their power of attorney verified or to go the police station to submit the request for admission into citizenship. 

Even though the officials of Police Departments which Praxis cooperates with go out in the field in order to take a request for the admission into citizenship from the most vulnerable persons, it is very difficult to deal with the current situation, according to them. Specifically, the problems these people mostly face are the inability to verify the power of attorney and the lack of finance needed for the payment of fee for the admission into citizenship (almost 18,000 RSD). In that regard, it often happens that some Police Departments address Praxis in order to help socially most vulnerable citizens to obtain necessary documents. However, it is evident that a lot of people are in this situation and do not know who to address for assistance, or they do not know that they have to obtain new ID cards and think that they are permanent and still valid. 

Also, it often happens that documents obtained by Praxis through other countries contain mistakes such as the lack of the note on the conclusion of marriage and change of surname, error in the date of birth compared to the one registered in the valid ID card, error in regard to the name and surname, or place of birth. Then, unless necessary corrections are made, these persons have no possibility to initiate the procedure for the admission into citizenship. On the other hand, the correction procedure in some countries, such as Macedonia, is very complicated, almost impossible, as the competent bodies require a large number of additional documents and various certificates, even though these persons often do not possess any old document. 

Given the length of the correction procedure and the procedure fo admission into the citizenship (from 6-12 months), it is certain that these persons will not possess valid ID card for a longer period of time. Without a valid identification document, they will not be able to exercise many of their basic rights, such as health protection. Also, there is a risk that cash social assistance will be abolished, as well as the possibility to receive pension they previously exercised the right to.

Koordinatorka Praxisovog programa za prava deteta, Jelena Petrović, gostovala je u emisiji TV Kopernikusa “Jutro Online” i govorila o problemu dečjih, ranih i prinudnih brakova. Jelena je objasnila zbog čega dečji, rani i prinudni brakovi nisu privatna stvar porodice, te zašto rešenje ovog problema zahteva sveobuhvatan pristup i dugoročno zalaganje. 

Emisiju možete pogledati na sledećem linku.

 

Representatives of Danas daily were present at the conference held by Praxis after completion of the project "Legal Assistance to Persons at Risk of Statelessness in Serbia" in order to point out to the outstanding problems and challenges faced by the Roma community in accessing status rights, and to present the activities performed in the area of child, early and forced marriages. 

Danas daily reported that "according to the findings of 2014 research conducted by UNICEF, the percentage of Roma girls who married before the age of 18 is 57, compared to 6.8% of non-Roma girls. Praxis representatives state that the actual number is considered to be much bigger. In addition, the statistical data show that about 4 percent of the girls gave birth before the age of 15 and as much as 38 percent of the girls currently in the age group 20-24 gave birth before the age of 18.” 

Read the text at the web portal danas.rs.  

The European Roma Rights Centre (ERRC) and Praxis respectfully submitted their written comments concerning Serbia for consideration by the Committee on the Rights of the Child (CRC) at its Concluding Observations of the 74th Session, which will be held from 16 January to 3 February 2017. The ERRC and Praxis have undertaken regular monitoring of the human rights situation of Roma in Serbia and this report reflects the current priorities in our work in Serbia.

According to current official estimates, Roma in Serbia make up approximately 2.05% of the total population or 147,604 Roma. This makes Roma the second largest minority after Hungarians. However, a verified and accurate count remains elusive. Unofficial sources suggest that the number of Roma in Serbia is significantly higher, ranging between 250,000 to 500,000.

In addition to the autochthonous groups, approximately 4,000 – 50,000 Roma fled during and after the conflict in Kosovo to Serbia; only half of whom registered as internally displaced persons (IDPs). However, it is not known if all of them remained in Serbia or left for destination in Western Europe. Furthermore, thousands of Roma have been returned to Serbia from Western European countries in the last years as failed asylum seekers; including Roma who were originally from Kosovo.

Roma are the youngest ethnic group in Serbia. The average age is 27.5 years, compared to 40.2 years among the general Serbian population. According to UNICEF, the primary school completion rate for non-Roma children is 94.5% and the transition rate to secondary school is 96.5%, while for Roma children the primary school completion rate considerably lower - 63%, while the numbers for secondary school for Roma youngsters is even lower - 55.5%.

Illiteracy rates range between age groups from 13.7% amongst adolescents to 57.2% among the elderly. Romani women are extremely disadvantaged when it comes to education achievements; illiteracy is estimated to reach up to 80%.

The submitted comments can be accessed HERE.

On the occasion of the completion of the project “Legal Assistance to Persons at Risk of Statelessness in Serbia”, funded by UNHCR, Praxis held a conference on 20 December 2016, with an idea to point at problems and challenges faced by the Roma community in access to status rights, and to present the activities carried out in the field of child, early and forced marriages. Praxis presented also the reports “Analysis of the Procedures for Determining the Date and Place of Birth and for the Exercise of the Rights to Citizenship and Registration of Permanent Residence” and “Child, Early and Forced Marriages are Not a Private Family Matter”.

Through the presentation of the report “Analysis of the Procedures for Determining the Date and Place of Birth and for the Exercise of the Rights to Citizenship and Registration of Permanent Residence”, the representatives of Praxis once again drew the attention to the problems that have been impeding the access to the rights to birth registration, citizenship and registration of permanent residence for years. The problems are illustrated by the examples of irregular acting identified in the procedures of provision of free legal aid. At the same time, the progress made in this field over the past few years was highlighted, since the amendments of the applicable and adoption of new regulations provided for the possibility to register in birth registries and register permanent residence for the persons who had not been able to do it before. In addition, as it is stated in the report, the competent ministries issued relevant opinions and instructions to the competent bodies in order to unify the proceeding practice, and training for professionals who conduct procedures have been organized for several years. 

During the presentation of another report “Child, Early and Forced Marriages are Not a Private Family Matter”, the title of which clearly indicates that this phenomenon must not be a private family thing, but it is serious violation of the rights of the child and gender-based discrimination, the problems of child, early and forced marriages were defined and Praxis activities on prevention and elimination of child, early and forced marriages were presented.  Also, the proposed policies aimed at prevention and elimination of child, early and forced marriages were presented. It was also indicated which level of authorities should be responsible, and added that most of the recommendations may be implemented at the level of local self-governance by single acting of professionals in their fields of work.  

The presentation of reports was concluded with the discussion of the participants who emphasized the importance of joint and coordinated acting at all levels, which should include the conclusion of formal agreements on joint acting, with the note that holistic approach to the problems is the guarantee of success, regardless of whether it is the exercise or prevention of the violation of rights. 

Praxis means action
Praxis means action
Praxis means action
Praxis means action