CONSTITUTIONALIZATION OF INTERNATIONAL INSTRUMENTS ON HUMAN RIGHTS: LESSONS FROM KOSOVA
CONSTITUTIONALIZATION OF INTERNATIONAL INSTRUMENTS ON HUMAN RIGHTS: LESSONS FROM KOSOVA

Summary/Abstract: This work scrutinizes modalities of the constitutionalization of international human rights instruments in the Republic of Kosova. Most of the newly established democracies or post-communist countries, as Kosova is, have adopted the highest western standards in guaranteeing human rights protection. However, the approach that this country has followed to make these standards part of its constitutional system is rather unique. Indeed, Kosova represents an unprecedented case for the place it has given to international instruments on its constitution. This peculiarity, subject of this study, will be examined through the elucidation of three main issues: First, the constitutional regulation of human rights which is heavily based on international human rights law; Second, the unparalleled approach of directly incorporating international instruments into constitution; and Third, the unique determination of the Article 53 of the Kosova’s Constitution which requires the interpretation of human rights matters of all state authorities to be made according to the jurisprudence of the European Court of Human Rights.

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