Заштита права на родну равноправност ; Protection of the right to gender equality

Procedural human rights are individual rights guaranteed by national and international legal documents adopted with the purpose of protection and implementation of the substantive rights and freedoms. For a state to be not only organised by law but also ruled by law, it is necessary to guarantee rights and freedoms in line with historically attained civilised values as well as to enable for their implementation which presupposes that the effective mechanisms of their protection are put at place. Therefore, the old Roman dictum ibi remedium, ubi ius is revived and the Nineteen Century codifiers’ belief in ibi ius, ubi remedium falls into obsolescence. In contemporary democratic societies the principle of equality is considered to be a fundamental moral value and the principle postulate of a legal order, while the right to gender equality and non-discrimination is elevated to the position of a fundamental human right. At the international level, both universal and regional, a number of multilateral human rights conventions have been concluded which stipulate the prohibition of discrimination, while some of them are expressly dedicated to the elimination of certain types of discrimination and establishment of substantive equality of individuals who are in a less favourable position with regards to the rest of the society due to their ascriptive qualities. At the national level, the protection against gender based discrimination is achieved through the Невена Петрушић, Танасије Маринковић103 implementation of the civil law, criminal law, misdemeanour law and constitutional law legal instruments and a right to gender non-discrimination is protected also by the Commissioner for the Protection of Equality, a national public law institution vested with powers to eliminate the discrimination and promote equality. For an effective protection against gender discrimination, the role of universal and regional treaty bodies established by the international human rights instruments with the powers to examine whether the ...