ISUFI v. SERBIA DECISION
to be entered into the birth register. In any event, the Serbian legal framework
provided for effective remedies in a situation such as the one faced by the
applicant.
16. The applicant contested the Government’s objections and maintained
her complaints as outlined above. The ultimate registration of the applicant’s
birth could not be considered timely. The applicant also remained a victim
within the meaning of the Convention, no acknowledgment of a violation or
comprehensive redress having been provided by the Government. In any
event, according to the applicant, there was no national legal framework
which would have made it possible for children to be registered immediately
after birth, and the applicant thus had to effectively use her mother’s surname
until this registration eventually happened.
17. The Court notes that Vranje Hospital submitted a birth registration
request with the relevant municipal authorities on 4 March 2022 – that is,
only one day following the applicant’s birth in that institution (see
paragraphs 2 and 3 above).
18. On 21 September 2022 the Bujanovac Social Care Centre formally
provided the applicant with a name and a surname, her parents having failed
to do so earlier (see paragraph 4 above).
19. On 24 May 2023, some eight months later, the applicant was provided
with a personal identification number (JMBG), which constituted the last key
requirement for the registration of her birth (see paragraph 8 above; see also
Article 45 of the Public Registers Act). Both parties agreed that the birth
registration procedure had been completed at that point – that is, somewhat
less than 15 months after the applicant’s birth.
20. The birth certificate of 22 January 2024 confirmed the applicant’s
relevant personal details, including that she was a Serbian national (see
paragraph 9 above).
21. Furthermore, throughout this time the applicant and her mother had
been entitled to Serbian public health insurance (see paragraph 11 above).
The applicant certainly offered no evidence in the proceedings before the
Court to the effect that they had ever faced any practical difficulties in that
regard. In addition to that, on 25 May 2023 the Bujanovac Hospital had
opened an official “health record” (zdravstveni karton) in the applicant’s own
name and, before that, the Vranje Hospital had provided the applicant’s
mother with medical care in connection with her pregnancy and delivery (see
paragraph 2 above).
22. Importantly, on 20 February 2024 the municipal authorities confirmed
that the applicant’s mother had indeed been retroactively paid the child
support allowance due to her in accordance with the applicable Serbian
legislation (see paragraph 10 above).
23. Furthermore, the Court considers that the circumstances of the present
case are clearly distinguishable from the very specific circumstances in
G.T.B. v. Spain (no. 3041/19, 16 November 2023). In particular, in that case
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