Freedom of decision on the birth of a child in the draft civil code of the Republic of Serbia

• Main Author: Pejović Dragana
• Format: Article
• Language: English
• Published: Bar Association of Vojvodina, Novi Sad 2016-01-01
• Series: Glasnik Advokatske komore Vojvodine
• Subjects: freedom to decide on the birth of a child; stereotypes; international documents; family law; woman
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2016/0017-09331605216P.pdf

Having the man deciding on the destiny and life of the woman represents a remaining stereotype in the Serbian patriarchal society which still reflects itself strongly onto the day-to-day life of women. Confirmation of stability and strength of these stereotypes is well demonstrated in the proposal in the draft Civil Code of the Republic of Serbia, which would guarantee man, in addition to woman, to make decision about giving a birth of a child. While the amendment of the existing law is supported and justified as the need for harmonization of family law legislation with ratified international conventions, the present article shall prove the contrary through the analysis of selected international conventions and other international documents that guarantee women's rights. In case the Draft is adopted, the man - as head of family in Serbia - will be vested with the legitimate right to decide on the body, life and future of the woman due to the wrong interpretation of international documents.