Pregledni rad
https://doi.org/10.3935/zpfz.76.4.4
The Phenomenon of Missing Newborns – Challenges for the Legal System
Anica Čulo Margaletić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
In its judgment in the case of Petrović and Others v. Croatia, the European Court of Human Rights has found a violation of the right to respect for family life due to the State’s failure to fulfill its positive obligation under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms in relation to the applicants’ claims that their newborn children had been abducted from a maternity hospital and given up for illegal adoption. Based on this judgment, the State is obliged, within one year from the finality of the judgment, to take all appropriate measures to establish a mechanism aimed at providing individual legal protection to all parents in situations similar to those of the applicants. In this regard, this paper will analyze the aforementioned judgment and present a comparative solution – a special regulation adopted in Serbia which constitutes an element of the execution of the judgment in the very similar case of Zorica Jovanović v. Serbia, to reflect on possible guidelines regarding the challenges of the execution of the judgment in Petrović and Others v. Croatia, i.e. the fulfilment of the obligation imposed by the judgment, starting from the importance of protecting one of the fundamental human rights of parents and their children, and the continuing positive obligation of the State arising from the Convention for the Protection of Human Rights and Fundamental Freedoms, in particular the procedural aspect of that obligation.
Ključne riječi
missing newborns; right to respect for family life; European Court of Human Rights
Hrčak ID:
351662
URI
Datum izdavanja:
30.9.2026.
Posjeta: 0 *