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The Scars of the Erasure_web

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<strong>Erasure</strong>_4a 10.1.11 20:29 Page 140140 THE SCARS OF THE ERASURE<strong>the</strong> violation <strong>of</strong> constitutional principles (e.g. <strong>the</strong> protection <strong>of</strong> <strong>the</strong> principle <strong>of</strong>trust in law). <strong>The</strong> right to refuge was not violated, since many erased personswho registered as refugees found protection in Slovenia, in o<strong>the</strong>r countries <strong>of</strong>ex-Yugoslavia or in Western Europe, where <strong>the</strong>y were recognized as refugeesfrom <strong>the</strong> war in <strong>the</strong> former Yugoslavia. <strong>The</strong> right to association was not violatedei<strong>the</strong>r. <strong>The</strong> erased people established two associations through which <strong>the</strong>ystrive to achieve reinstatement <strong>of</strong> <strong>the</strong>ir rights, although <strong>the</strong> right to associationwas not respected in full, since certain events <strong>the</strong>y organized or wished to organizewere disallowed.Our study provides a broad picture <strong>of</strong> <strong>the</strong> state <strong>of</strong> respect for human rights,while also attempting to establish, using concrete examples, when <strong>the</strong>se wereor were not violated. Naturally, it cannot replace court rulings, which are <strong>the</strong>only qualified final decisions on <strong>the</strong> potential violation <strong>of</strong> human rights, but itcan <strong>of</strong>fer insight into <strong>the</strong> situation through a detailed analysis <strong>of</strong> typical examples.<strong>The</strong> findings <strong>of</strong> our study confirm that <strong>the</strong> erasure interfered with virtuallyall <strong>the</strong> spheres <strong>of</strong> social life <strong>of</strong> its victims, since it is possible to comment onevery right protected by international conventions in <strong>the</strong> context <strong>of</strong> <strong>the</strong> erasure.Our findings also show that, if we ignore for <strong>the</strong> moment <strong>the</strong> most seriouscrimes under international law, such as genocide, war crimes and crimesagainst humanity, it is difficult to imagine ano<strong>the</strong>r measure that could have implicationsso wide and consequences so severe. For this reason, such measuresshould be accorded special attention, since countries that refrain from committinggenocide or crimes against humanity, may easily resort to a measure suchas <strong>the</strong> erasure was.

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