ISUFI v. SERBIA DECISION
her mother, who had herself been born in Kosovo1, had no Serbian identity
document to provide in support of the relevant request and that such a
document was an explicit legal requirement for registering a birth.
2. The applicant is of Romani origin and was born on 3 March 2022 in
Vranje Hospital, a State-run medical facility. The applicant lodged her
application with the Court through her mother, who retained legal
representation on her behalf.
3. On 4 March 2022 Vranje Hospital submitted an electronic birth
registration request with the relevant municipal authorities, in accordance
with Article 47 § 1 of the Public Registers Act.
4. On 21 September 2022, in accordance with Article 344 § 4 and
Article 345 § 3 of the Family Act, the Bujanovac Social Care Centre provided
the applicant with a name and a surname, her parents having failed to do so
earlier.
5. By 1 February 2023, on the basis of the Non-Contentious Proceedings
Act, a court of law ordered that the applicant’s mother’s birth be entered into
the birth register. Previously, as part of a separate set of proceedings
concerning the same matter, the court had refused to do so on evidentiary
grounds.
6. On 15 May 2023 the applicant’s mother was provided with a Serbian
identity card.
7. On 22 May 2023 the applicant’s father acknowledged his paternity.
That declaration was affirmed by the applicant’s mother.
8. On 24 May 2023 the municipal authorities informed the applicant of
her personal identification number (JMBG).
9. On 22 January 2024 the applicant was provided with a birth certificate
containing all of her relevant personal information. The certificate also stated,
inter alia, that she was a national of the Republic of Serbia.
10. On 20 February 2024 the municipal authorities confirmed that the
applicant’s mother had retroactively been paid the child support allowance
that she had accrued. She was paid, in Serbian dinars, an amount equivalent
to approximately 2,601 euros.
11. Article 16 of the Health Insurance Act provided, inter alia, that
children up to the age of 18, regardless of their circumstances, would have
the status of an insured person and as such be entitled to the healthcare
guaranteed to all other insured persons. The same applied to all women during
pregnancy, delivery and maternity for a period of 12 month after delivery.
12. The Court notes that the AIRE Centre and the European Network on
Statelessness, as third-party intervenors, submitted observations on, inter
alia, the States’ obligations under Articles 8 and 14 of the Convention
regarding birth registration, identity documents, and nationality. They
1 All reference to Kosovo, whether to the territory, institutions or population, in this text shall
be understood in full compliance with United Nations Security Council Resolution 1244 and
without prejudice to the status of Kosovo.
2