Failure to provide information as to the fate of new-born babies, violation of art. 8 ECHR

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Zorica Jovanovic v Serbia (Appl. No 21794/08)

Briefed on: 5 March 2018

This case concerns failure to provide information as to the fate of new-born babies alleged to have died in maternity wards. In its judgment, the ECtHR held that there had been a violation of Article 8 of the Convention – respect for family life. The Court also ordered remedial measures. Given the significant number of potential applicants, Serbian authorities had to take appropriate measures to establish a mechanism to provide individual redress to all parents in a similar situation, within one year of the judgment becoming final, on 9 September 2013.

In her presentation, Ms Jankovic-Jovanovic, Legal Adviser at the Lawyers' Committee for Human Rights (Belgrade), pointed out that the Republic of Serbia had not yet enacted the special law, lex specialis, which should establish a mechanism capable of investigating the “missing babies” cases upon parents’ complaints (applications). She also underlined the weaknesses of the Draft Law proposed by State Authorities – and currently withdrawn from the parliamentary procedure – which would not allow for investigations of “missing babies” cases and underlined the need to establish a “proper investigative mechanism”.