Acts

Constitution of the Republic of Serbia

II HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Direct implementation of guaranteed rights

Article 18

Human and minority rights guaranteed by the Constitution shall be implemented directly.
The Constitution shall guarantee, and as such, directly implement human and minority rights guaranteed by the generally accepted rules of international law, ratified international treaties and laws. The law may prescribe manner of exercising these rights only if explicitly stipulated in the Constitution or necessary to exercise a specific right owing to its nature, whereby the law may not under any circumstances influence the substance of the relevant guaranteed right.
Provisions on human and minority rights shall be interpreted to the benefit of promoting values of a democratic society, pursuant to valid international standards in human and minority rights, as well as the practice of international institutions which supervise their implementation.

Purpose of constitutional guarantees

Article 19

Guarantees for inalienable human and minority rights in the Constitution have the purpose of preserving human dignity and exercising full freedom and equality of each individual in a just, open, and democratic society based on the principle of the rule of law.

Restriction of human and minority rights

Article 20

Human and minority rights guaranteed by the Constitution may be restricted by the law if the Constitution permits such restriction and for the purpose allowed by the Constitution, to the extent necessary to meet the constitutional purpose of restriction in a democratic society and without encroaching upon the substance of the relevant guaranteed right.
Attained level of human and minority rights may not be lowered.
When restricting human and minority rights, all state bodies, particularly the courts, shall be obliged to consider the substance of the restricted right, pertinence of restriction, nature and extent of restriction, relation of restriction and its purpose and possibility to achieve the purpose of the restriction with less restrictive means.

Prohibition of discrimination

Article 21

All are equal before the Constitution and law.
Everyone shall have the right to equal legal protection, without discrimination.
All direct or indirect discrimination based on any grounds, particularly on race, sex, national origin, social origin, birth, religion, political or other opinion, property status, culture, language, age, mental or physical disability shall be prohibited.
Special measures which the Republic of Serbia may introduce to achieve full equality of individuals or group of individuals in a substantially unequal position compared to other citizens shall not be deemed discrimination.

Protection of human and minority rights and freedoms

Article 22

Everyone shall have the right to judicial protection when any of their human or minority rights guaranteed by the Constitution have been violated or denied, they shall also have the right to elimination of consequences arising from the violation.
The citizens shall have the right to address international institutions in order to protect their freedoms and rights guaranteed by the Constitution.

2. Human Rights and Freedoms

Dignity and free development of individuals

Article 23

Human dignity is inviolable and everyone shall be obliged to respect and protect it.
Everyone shall have the right to free development of his personality if this does not violate the rights of others guaranteed by the Constitution.

Right to life

Article 24

Human life is inviolable.
There shall be no death penalty in the Republic of Serbia.
Cloning of human beings shall be prohibited.

Inviolability of physical and mental integrity

Article 25

Physical and mental integrity is inviolable.
Nobody may be subjected to torture, inhuman or degrading treatment or punishment, nor subjected to medical and other experiments without their free consent.

Prohibition of slavery, servitude and forced labour

Article 26

No person may be kept in slavery or servitude.
All forms of human trafficking are prohibited.
Forced labour is prohibited. Sexual or financial exploitation of person in unfavourable position shall be deemed forced labour.
Labour or service of persons serving sentence of imprisonment if their labour is based on the principle of voluntarity with financial compensation, labour or service of military persons, nor labour or services during war or state of emergency in accordance with measures prescribed on the declaration of war or state of emergency, shall not be considered forced labour.

Right to freedom and security

Article 27

Everyone has the right to personal freedom and security. Depriving of liberty shall be allowed only on the grounds and in a procedure stipulated by the law.
Any person deprived of liberty by a state body shall be informed promptly in a language they understand about the grounds for arrest or detention, charges brought against them, and their rights to inform any person of their choice about their arrest or detention without delay.
Any person deprived of liberty shall have the right to initiate proceedings where the court shall review the lawfulness of arrest or detention and order the release if the arrest or detention was against the law.
Any sentence which includes deprivation of liberty may be proclaimed solely by the court.

Treatment of persons deprived of liberty

Article 28

Persons deprived of liberty must be treated humanely and with respect to dignity of their person.
Any violence towards persons deprived of liberty shall be prohibited.
Extorting a statement shall be prohibited.

Special Rights in Case of Arrest and Detention without Decision of the Court

Article 29

Any person deprived of liberty without decision of the court shall be informed promptly about the right to remain silent and about the right to be questioned only in the presence of a defense counsel they chose or a defense counsel who will provide legal assistance free of charge if they are unable to pay for it.
Any person deprived of liberty without a decision of the court must be brought before the competent court without delay and not later than 48 hours, otherwise they shall be released.

Detention

Article 30

Any person under reasonable doubt of committing a crime may be remanded to detention only upon the decision of the court, should detention be necessary to conduct criminal proceedings.
If the detainee has not been questioned when making a decision on detention or if the decision on holding in detention has not been carried out immediately after the pronouncement, the detainee must be brought before the competent court within 48 hours from the time of sending to detention which shall reconsider the decision on detention.
A written decision of the court with explanation for reasons of detention shall be delivered to the detainee not later than 12 hours after pronouncing. The court shall decide on the appeal to decision detention and deliver it to the detainee within 48 hours.

Duration of detention

Article 31

The court shall reduce the duration of detention to the shortest period possible, keeping in mind the grounds for detention. Sentencing to detention under a decision of the court of first instance shall not exceed three months during investigation, whereas higher court may extend it for another three months, in accordance with the law. If the indictment is not raised by the expiration of the said period, the detainee shall be released.
The court shall reduce the duration of detention after the bringing of charges to the shortest possible period, in accordance with the law.
Detainee shall be allowed pre-trial release as soon as grounds for remanding to detention cease to exist.

Right to a fair trial

Article 32

Everyone shall have the right to a public hearing before an independent and impartial tribunal established by the law within reasonable time which shall pronounce judgement on their rights and obligations, grounds for suspicion resulting in initiated procedure and accusations brought against them.
Everyone shall be guaranteed the right to free assistance of an interpreter if the person does not speak or understand the language officially used in the court and the right to free assistance of an interpreter if the person is blind, deaf, or dumb.
The press and public may be excluded from all or part of the court procedure only in the interest of protecting national security, public order and morals in a democratic society, interests of juveniles or the protection of private life of the parties, in accordance with the law.

Special rights of persons charged with criminal offense

Article 33

Any person charged with criminal offense shall have the right to be informed promptly, in accordance with the law, in the language which this person understands and in detail about the nature and cause of the accusation against him, as well as the evidence against him.
Any person charged with criminal offense shall have the right to defend himself personally or through legal counsel of his own choosing, to contact his legal counsel freely and to be allowed adequate time and facilities for preparing his defense.
Any person charged with criminal offense without sufficient means to pay for legal counsel shall have the right to a free legal counsel when the interests of justice so require and in compliance with the law.
Any person charged with criminal offense available to the court shall have the right to a trial in his presence and may not be sentenced unless he has been given the opportunity to a hearing and defense.
Any person prosecuted for criminal offense shall have the right to present evidence in his favour by himself or through his legal counsel, to examine witnesses against him and demand that witnesses on his behalf be examined under the same conditions as the witnesses against him and in his presence.
Any person prosecuted for criminal offense shall have the right to a trial without undue delay.
Any person charged or prosecuted for criminal offense shall not be obligated to provide self-incriminating evidence or evidence to the prejudice of persons related to him, nor shall he be obliged to confess guilt.
Any other natural person prosecuted for other offences punishable by law shall have all the rights of a person charged with criminal offense pursuant to the law and in accordance with it.

Legal certainty in criminal law

Article 34

No person may be held guilty for any act which did not constitute a criminal offence under law or any other regulation based on the law at the time when it was committed, nor shall a penalty be imposed which was not prescribed for this act .
The penalties shall be determined pursuant to a regulation in force at the time when the act was committed, save when subsequent regulation is more lenient for the perpetrator. Criminal offences and penalties shall be laid down by the law.
Everyone shall be presumed innocent for a criminal offence until convicted by a final judgement of the court.
No person may be prosecuted or sentenced for a criminal offence for which he has been acquitted or convicted by a final judgement, for which the charges have been rejected or criminal proceedings dismissed by final judgement, nor may court ruling be altered to the detriment of a person charged with criminal offence by extraordinary legal remedy. The same prohibitions shall be applicable to all other proceedings conducted for any other act punishable by law.
In special cases, reopening of proceedings shall be allowed in accordance with criminal legislation if evidence is presented about new facts which could have influenced significantly the outcome of proceedings had they been disclosed at the time of the trial, or if serious miscarriage of justice occurred in the previous proceedings which might have influenced its outcome.
Criminal prosecution or execution of punishment for a war crime, genocide, or crime against humanity shall not be subject to statute of limitation.

Right to rehabilitation and compensation

Article 35

Any person deprived of liberty, detained or convicted for a criminal offence without grounds or unlawfully shall have the right to rehabilitation and compensation of damage by the Republic of Serbia, as well as other rights stipulated by the law.
Everyone shall have the right to compensation of material or non-material damage inflicted on him by unlawful or irregular work of a state body, entities exercising public powers, bodies of the autonomous province or local self-government.
The law shall stipulate conditions under which the injured party may demand compensation for damage directly from the person that inflicted the damage.

Right to equal protection of rights and legal remedy

Article 36

Equal protection of rights before courts and other state bodies, entities exercising public powers and bodies of the autonomous province or local self-government shall be guaranteed.
Everyone shall have the right to an appeal or other legal remedy against any decision on his rights, obligations or lawful interests.

Right to legal person

Article 37

Everyone shall have legal capacity.
Upon becoming of age all persons shall become capable of deciding independently about their rights and obligations. A person becomes of age after turning 18.
A person may choose and use personal name and name of their children freely.

Right to citizenship

Article 38

Acquiring and terminating citizenship of the Republic of Serbia shall be regulated by the law.
A citizen of the Republic of Serbia may not be expelled or deprived of citizenship or the right to change it.
Any child born in the Republic of Serbia shall have the right to citizenship of the Republic of Serbia unless conditions have been met to acquire citizenship of some other country.

Freedom of movement

Article 39

Everyone shall have the right to free movement and residence in the Republic of Serbia, as well as the right to leave and return.
Freedom of movement and residence, as well as the right to leave the Republic of Serbia may be restricted by the law if necessary for the purpose of conducting criminal proceedings, protection of public order, prevention of spreading contagious diseases or defense of the Republic of Serbia.
Entry and stay of foreign nationals in the Republic of Serbia shall be regulated by the law. A foreign national may be expelled only under decision of the competent body, in a procedure stipulated by the law and if time to appeal has been provided for him and only when there is no threat of persecution based on his race, sex, religion, national origin, citizenship, association with a social group, political opinions, or when there is no threat of serious violation of rights guaranteed by this Constitution.

Inviolability of home

Article 40

A person's home shall be inviolable.
No one may enter a person's home or other premises against the will of their tenant nor conduct a search in them. The tenant of the home or other premises shall have the right to be present during the search in person or through his legal representative together with two other witnesses who may not be under age.
Entering a person's home or other premises, and in special cases conducting search without witnesses, shall be allowed without a court order if necessary for the purpose of immediate arrest and detention of a perpetrator of a criminal offence or to eliminate direct and grave danger for people or property in a manner stipulated by the law.

Confidentiality of letters and other means of communication

Article 41

Confidentiality of letters and other means of communication shall be inviolable.
Derogation shall be allowed only for a specified period of time and based on decision of the court if necessary to conduct criminal proceedings or protect the safety of the Republic of Serbia, in a manner stipulated by the law.

Protection of personal data

Article 42

Protection of personal data shall be guaranteed.
Collecting, keeping, processing and using of personal data shall be regulated by the law.
Use of personal data for any the purpose other the one were collected for shall be prohibited and punishable in accordance with the law, unless this is necessary to conduct criminal proceedings or protect safety of the Republic of Serbia, in a manner stipulated by the law.
Everyone shall have the right to be informed about personal data collected about him, in accordance with the law, and the right to court protection in case of their abuse.

Freedom of thought, conscience and religion

Article 43

Freedom of thought, conscience, beliefs and religion shall be guaranteed, as well as the right to stand by one's belief or religion or change them by choice.

No person shall have the obligation to declare his religious or other beliefs.
Everyone shall have the freedom to manifest their religion or religious beliefs in worship, observance, practice and teaching, individually or in community with others, and to manifest religious beliefs in private or public.
Freedom of manifesting religion or beliefs may be restricted by law only if that is necessary in a democratic society to protect lives and health of people, morals of democratic society, freedoms and rights guaranteed by the Constitution, public safety and order, or to prevent inciting of religious, national, and racial hatred.
Parents and legal guardians shall have the right to ensure religious and moral education of their children in conformity with their own convictions.

Churches and religious communities

Article 44

Churches and religious communities are equal and separated from the state.
Churches and religious communities shall be equal and free to organize independently their internal structure, religious matters, to perform religious rites in public, to establish and manage religious schools, social and charity institutions, in accordance with the law.
Constitutional Court may ban a religious community only if its activities infringe the right to life, right to mental and physical health, the rights of child, right to personal and family integrity, public safety and order, or if it incites religious, national or racial intolerance.

Conscientious objection

Article 45

No person shall be obliged to perform military or any other service involving the use of weapons if this opposes his religion or beliefs.
Any person pleading conscientious objection may be called upon to fulfill military duty without the obligation to carry weapons, in accordance with the law.

Freedom of thought and expression

Article 46

The freedom of thought and expression shall be guaranteed, as well as the freedom to seek, receive and impart information and ideas through speech, writing, art or in some other manner.
Freedom of expression may be restricted by the law if necessary to protect rights and reputation of others, to uphold the authority and objectivity of the court and to protect public health, morals of a democratic society and national security of the Republic of Serbia.

Freedom of expressing national affiliation

Article 47

National affiliation may be expressed freely.
No person shall be obliged to declare his national affiliation.

Promotion of respect for diversity

Article 48

The Republic of Serbia shall promote understanding, recognition and respect of diversity arising from specific ethnic, cultural, linguistic or religious identity of its citizens through measures applied in education, culture and public information.

Prohibition of inciting racial, ethnic and religious hatred

Article 49

Any inciting of racial, ethnic, religious or other inequality or hatred shall be prohibited and punishable.

Freedom of the media

Article 50

Everyone shall have the freedom to establish newspapers and other forms of public information without prior permission and in a manner laid down by the law.
Television and radio stations shall be established in accordance with the law.
Censorship shall not be applied in the Republic of Serbia. Competent court may prevent the dissemination of information through means of public informing only when this is necessary in a democratic society to prevent inciting to violent overthrow of the system established by the Constitution or to prevent violation of territorial integrity of the Republic of Serbia, to prevent propagation of war or instigation to direct violence, or to prevent advocacy of racial, ethnic or religious hatred enticing discrimination, hostility or violence.
The law shall regulate the exercise of right to correct false, incomplete or inaccurately imparted information resulting in violation of rights or interests of any person, and the right to react to communicated information.

Right to information

Article 51

Everyone shall have the right to be informed accurately, fully and timely about issues of public importance. The media shall have the obligation to respect this right.
Everyone shall have the right to access information kept by state bodies and organizations with delegated public powers, in accordance with the law.

Electoral right

Article 52

Every citizen of age and working ability of the Republic of Serbia shall have the right to vote and be elected.
Suffrage shall be universal and equal for all, the elections shall be free and direct and voting is carried out by secret ballot in person.
Election right shall be protected by the law and in accordance with the law.

Right to participate in management of public affairs

Article 53

Citizens shall have the right to take part in the management of public affairs and to assume public service and functions under equal conditions.

Freedom of assembly

Article 54

Citizens may assemble freely.
Assembly held indoors shall not be subjected to permission or registering.
Gathering, demonstrations and other forms of assembly held outdoors shall be reported to the state body, in accordance with the law.
Freedom of assembly may be restricted by the law only if necessary to protect public health, morals, rights of others or the security of the Republic of Serbia.

Freedom of association

Article 55

Freedom of political, union and any other form of association shall be guaranteed, as well as the right to stay out of any association.
Associations shall be formed without prior approval and entered in the register kept by a state body, in accordance with the law.
Secret and paramilitary associations shall be prohibited.
Constitutional Court may ban only such associations the activity of which is aimed at violent overthrow of constitutional order, violation of guaranteed human or minority rights, or inciting of racial, national and religious hatred.
Judges of Constitutional Court, judges, public prosecutors, Defender of Citizens, members of police force and military persons may not be members of political parties.

Right to petition

Article 56

Everyone shall have the right to put forward petitions and other proposals alone or together with others, to state bodies, entities exercising public powers, bodies of the autonomous province and local self-government units and to receive reply from them if they so request.
No person may suffer detrimental consequences for putting forward a petition or proposal.
No person may suffer detrimental consequences for opinions stated in the petition or proposal unless they constitute a criminal offense.

Right to asylum

Article 57

Any foreign national with reasonable fear of prosecution based on his race, gender, language, religion, national origin or association with some other group, political opinions, shall have the right to asylum in the Republic of Serbia.
The procedure for granting asylum shall be regulated by the law.

Right to property

Article 58

Peaceful tenure of a person's own property and other property rights acquired by the law shall be guaranteed.
Right of property may be revoked or restricted only in public interest established by the law and with compensation which can not be less than market value.
The law may restrict the manner of using the property.
Seizure or restriction of property to collect taxes and other levies or fines shall be permitted only in accordance with the law.

Right to inheritance

Article 59

Right to inheritance shall be guaranteed in accordance with the law.
Right to inheritance may not be denied or restricted for failing to observe public duties.

Right to work

Article 60

Right to work shall be guaranteed in accordance with the law.
Everyone shall have the right to choose his occupation freely.
All work places shall be available to everyone under equal conditions.
Everyone shall have the right to respect of his person at work, safe and healthy working conditions, necessary protection at work, limited working hours, daily and weekly interval for rest, paid annual holiday, fair remuneration for work done and legal protection in case of termination of working relations. No person may forgo these rights.
Women, young and disabled persons shall be provided with special protection at work and special work conditions in accordance with the law.

Right to strike

Article 61

The employed shall have the right to strike in accordance with the law and collective agreement.
The right to strike may be restricted only by the law in accordance with nature or type of business activity.

Right to enter into marriage and equality of spouses
Article 62

Everyone shall have the right to decide freely on entering or dissolving a marriage.
Marriage shall be entered into based on the free consent of man and woman before the state body.
Contracting, duration or dissolution of marriage shall be based on the equality of man and woman.
Marriage, marital and family relations shall be regulated by the law.

Extramarital community shall be equal with marriage, in accordance with the law.

Freedom to procreate

Article 63

Everyone shall have the freedom to decide whether they shall procreate or not.
The Republic of Serbia shall encourage the parents to decide to have children and assist them in this matter.

Rights of the child

Article 64

A child shall enjoy human rights suitable to their age and mental maturity.
Every child shall have the right to personal name, entry in the registry of births, the right to learn about its ancestry, and the right to preserve his own identity.
A child shall be protected from psychological, physical, economic and any other form of exploitation or abuse.
A child born out of wedlock shall have the same rights as a child born in wedlock.
Rights of the child and their protection shall be regulated by the law.

Rights and duties of parents

Article 65

Parents shall have the right and duty to support, provide upbringing and education to their children in which they shall be equal.
All or individual rights may be revoked from one or both parents only by the ruling of the court if this is in the best interests of the child, in accordance with the law.

Special protection of the family, mother, single parent and child

Article 66

Families, mothers, single parents and any child in the Republic of Serbia shall enjoy special protection in the Republic of Serbia in accordance with the law.
Mothers shall be given special support and protection before and after childbirth.
Special protection shall be provided for children without parental care and mentally or physically handicapped children.
Children under 15 years of age may not be employed, nor may children under 18 years of age be employed at jobs detrimental to their health or morals.

Right to legal assistance

Article 67

Everyone shall be guaranteed right to legal assistance under conditions stipulated by the law.
Legal assistance shall be provided by legal professionals, as an independent and autonomous service, and legal assistance offices established in the units of local self-government in accordance with the law.
The law shall stipulate conditions for providing free legal assistance.

Health care

Article 68

Everyone shall have the right to protection of their mental and physical health.
Health care for children, pregnant women, mothers on maternity leave, single parents with children under seven years of age and elderly persons shall be provided from public revenues unless it is provided in some other manner in accordance with the law.
Health insurance, health care and establishing of health care funds shall be regulated by the law.
The Republic of Serbia shall assist development of health and physical culture.

Social protection

Article 69

Citizens and families that require welfare for the purpose of overcoming social and existential difficulties and creating conditions to provide subsistence, shall have the right to social protection the provision of which is based on social justice, humanity and respect of human dignity.
Rights of the employees and their families to social protection and insurance shall be regulated by the law.
The employees shall have the right to salary compensation in case of temporary inability to work, as well as the right to temporary unemployment benefit in accordance with the law.
Disabled people, war veterans and victims of war shall be provided special protection in accordance with the law.
Social insurance funds shall be established in accordance with the law.

Pension insurance

Article 70

Pension insurance shall be regulated by the law.
The Republic of Serbia shall see to economic security of the pensioners.

Right to education

Article 71

Everyone shall have the right to education.
Primary education is mandatory and free, whereas secondary education is free.
All citizens shall have access under equal conditions to higher education. The Republic of Serbia shall provide for free tertiary education to successful and talented students of lower property status in accordance with the law.
Establishment of schools and universities shall be regulated by the law.

Autonomy of university

Article 72

Autonomy of universities, faculties and scientific institutions shall be guaranteed.
Universities, faculties and scientific institutions shall decide freely on their organization and work in accordance with the law.

Freedom of scientific and artistic creativity

Article 73

Scientific and artistic creativity shall be unrestricted.
Authors of scientific and artistic works shall be guaranteed moral and material rights in accordance with the law.
The Republic of Serbia shall assist and promote development of science, culture and art.

Healthy environment

Article 74

Everyone shall have the right to healthy environment and the right to timely and full information about the state of environment.
Everyone, especially the Republic of Serbia and autonomous provinces, shall be accountable for the protection of environment.
Everyone shall be obliged to preserve and improve the environment.