LJUDSKA PRAVA U USTAVU REPUBLIKE SRBIJE IZ 2006. GODINE
HUMAN RIGHTS IN THE CONSTITUTION OF THE REPUBLIC OF SERBIA IN 2006

Summary/Abstract: The process of adoption of the new constitution of Serbia in 2006 failed to include any public debate on numerous controversies, which seriously challenges the legitimacy of the whole process. Moreover, certain solutions related to human rights raise serious issues regarding their adequacy. The status of international documents, including those related to human rights, is now weaker than according to the previous relevant constitutional text. The right to privacy, present in the previous constitution, is excluded from the current constitution, whereas some other rights are formulated in a way that leaves the possibility for their additional restrictions. The system of human rights protection is also weakened by the restrictive and unclear definition of the autonomous province, which is according to the constitution responsible for the protection of human and minority rights - but no adequate means and authorities are provided for the fulfillment of those duties. Generally, the previously achieved level of human rights’ protection was decreased in some respects by the new constitution, and those issues need to be included into the debate on the constitutional revision which seems inevitable in the near future.

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