Model Law on the Procedure for Recognition of Persons before the Law was presented at a Press Conference, held in Media Center, Belgrade, on 20th May 2008. The Model Law was drafted by the legal experts from the Centre for Advanced Legal Studies, Belgrade, as part of the Praxis' project funded by the Bureau of Population, Refugees and Migration of the US Department of State, with the support, professional knowledge and experience of UNHCR and Praxis, who are working on a daily basis on solving the problems of persons who are not recognized as persons before the law, as well as the OSCE Mission to Serbia who gave their comments and suggestions during formulating the final version of the Model Law.

United Nations Universal Declaration of Human Rights from 1948 states in Article 6 that "everyone has the right to recognition everywhere as a person before the law." The issue of recognition of persons before the law has also found its place in the Constitution of the Republic of Serbia, which prescribes in Article 37 that "every person has legal capacity".

However, according to some estimates, there are dozens of thousands of persons living in Serbia, mainly Roma, who are not recognized as persons before the law. From the legal standpoint, these persons do not exist, they are not registered into birth registry books, they are unable to enjoy their basic rights, right to health care and social welfare, right to education, they cannot participate in public life, vote, appear before courts, etc.

Experience of UNHCR, Praxis and other non-governmental organizations show that the procedures of subsequent registration into registry books of "legally invisible" persons last long and are complicated, and the outcome itself is uncertain. In most cases, state bodies refuse to recognize these persons before the law, arguing on the grounds of numerous legal regulations. According to the aforementioned, it can be concluded that it is necessary to come up with a systemic solution that would regulate the issue of subsequent registration into registry books of "legally invisible" persons.

The Centre for Advanced Legal Studies first made a comparative legal analysis of the solutions found by other countries that are also facing, or were facing, the same or similar problems, and then drafted the Model Law on the Procedure for Recognition of Persons before the Law. Subject of the Model Law are regulations referring to the procedure for recognition of persons before the law, in particular, the procedure of subsequent registration of the fact of birth into birth registry books on one side and, on the other side, the procedure for issuing a document which confirms the fact of birth before the competent court. The aim of these regulations would be providing recognition of of persons before the law in a simple and efficient procedure, which would not be burdened by numerous formal legal conditions, related to both the fact of birth itself and proving of the same fact.

The offered Model Law is certainly not sufficient to completely regulate legal status of persons who are not recognized before the law. Subsequent registration into birth registry books would only be the first, initial step in the process of full legal integration of these persons into society. In order to complete this process successfully, it is necessary to find a systemic solution in this field, make amendments to a whole set of laws which would regulate issues of permanent and temporary residence, citizen's unique personal number, issuance of ID cards, citizenship, exercising rights to health care and social welfare, etc.

Only when all obstacles that "legally invisible" persons encounter everyday in accessing their rights are removed, will the state be certain that it has fulfilled all its obligations in regards to providing equal enjoyment and protection of rights and freedoms to all persons living under its jurisdiction.

See the news from Media Center web site here.

Download (Serbian only): Model Law of the Procedure for Recognition of Persons before the Law

Download: Bill of the Procedure for Recognition of Persons before the Law