On 10 December 2014, the Ministry for Labour, Employment, Veteran and Social Affairs adopted the instruction for acting of social welfare centres (SWCs) in procedures for determining the personal name.

Even though the right to personal name and registration in the birth registry book is the right guaranteed by the Constitution of the Republic of Serbia and Convention of the Rights of the Child, there is still a significant number of children in Serbia, and even those of age, who do not have their personal name determined. Consequently, they cannot obtain birth and citizenship certificates with their personal name being written. The possession of these documents is the precondition for enjoyment of a great number of basic human rights such as the right to health care and social protection or the right to employment.

The adopted instruction should eliminate the greatest number of problems, which Praxis identified by representing a great number of persons without personal name determined, and at which it pointed to the Ministry.

The Ministry’s instruction, inter alia, has envisaged the following:

• only SWCs are competent for determination of personal names of children whose parents have not determined their names within the deadline of 30 days upon birth
• only SWCs, upon the registrar’s initiative, are obliged ex officio to initiate the procedure for determining the personal name
• SWC is obliged to appoint a temporary guardian to children without parental care during the procedure
• Undocumented parents must be allowed to participate in the procedure for determining the name of their children
• SWCs are obliged to determine personal names to persons of age who do not have their personal names determined
• Territorial jurisdiction is established in the place where the reason for procedure arouse if the party has no permanent or temporary residence registered.

The application of this instruction is expected to lead to complied, efficient and legal acting of social welfare centres.