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Charter of Human and Minority Rights and Civil
Liberties
I General Provisions
Human Dignity and Free Development of Individuals
Article 1
Human dignity shall be inviolable. Everyone shall
have the obligation to protect it.
Everyone shall have the right to free development
of his/her personality provided that he/she does not violate the
rights of others guaranteed by this Charter.
Respect for Human and Minority Rights
Article 2
Everyone shall have the obligation to respect human
and minority rights of others.
Human and minority rights guaranteed by this
Charter shall be enjoyed directly in accordance with the
Constitutional Charter of the State Union of Serbia and Montenegro.
Human and minority rights guaranteed by this
Charter shall be directly regulated, ensured and protected by the
Constitutions, laws and policies of the Member States.
Prohibition of Discrimination
Article 3
All shall be equal before the law.
Everyone shall have the right to equal legal
protection, without discrimination.
Any direct or indirect discrimination based on any
grounds, particularly on race, colour, sex, nationality, social
origin, birth or other status, religion, political or other opinion,
property status, culture, language, age or mental or physical
handicap, shall be prohibited.
Temporary introduction of special measures required
for the realisation of equality, necessary protection and progress
of persons or groups of persons who are in an unequal position shall
be allowed for the purpose of enabling them full enjoyment of human
and minority rights under equal terms.
The special measures referred to in paragraph 4 of
this Article may be applied only until the objectives pursued have
been achieved.
Prohibition of Abrogation or Limitation of Human
and Minority Rights
Provided for By This Charter
Article 4
No provision of this Charter may be interpreted in
such a way as implying the right of the State Union, its Member
States, a group or an individual to undertake action directed at
abrogation of the rights enshrined in this Charter or their
limitation exceeding the statutory degree provided by the
Constitutional Charter of the State Union of Serbia and Montenegro,
the present Charter and by the Constitutions of the Member States.
Limitation of Human and Minority Rights
Article 5
Guaranteed human and minority rights may be limited
only on the basis of limitations provided in the Constitutional
Charter of the State Union of Serbia and Montenegro, the present
Charter and the Constitutions of the Member States, by the law of
general application which contains a specific reference to the
provision allowing limitation.
Guaranteed human and minority rights may be limited
only to the extent necessary to achieve, in an open and democratic
society, the purpose for which limitation is allowed.
Limitations may not be introduced for purposes
other than those for which they were prescribed.
When limiting human and minority rights and
interpreting these limitations, all state bodies, in particular the
courts, shall take into account the substance of the right under
limitation, the importance of the purpose of limitation, the nature
and extent of limitation, the relationship between limitation and
its purpose, and whether there is a possibility of achieving the
purpose with less restrictive means.
Under no circumstances may the substance of a
guaranteed right be affected by limitation.
Derogation from Human and Minority Rights
Article 6
Derogation from human and minority rights
guaranteed by this Charter shall be allowed following the
proclamation of a state of war or a state of emergency, if the
existence of the State Union or of a Member State is threatened, but
only to the extent necessary under the given circumstances.
Measures of derogation may not entail
discrimination based on race, colour, sex, language, religion,
national or social origin.
Measures of derogation from human and minority
rights that are within the competence of the institutions of the
State Union may only be introduced by general legal acts passed by
the Assembly of the State Union of Serbia and Montenegro or by the
Council of Ministers if the Assembly of Serbia and Montenegro cannot
convene. A decision on derogation from human and minority rights in
case of the proclamation of a state of war shall be passed with the
prior agreement of the competent bodies of the Member States.
Measures of derogation from human and minority
rights in the spheres within the competence of the Members States
shall be governed by their Constitutions and laws, in accordance
with the present Charter.
Derogation measures passed by the Assembly of
Serbia and Montenegro or by the Council of Ministers shall remain in
force up to 90 days and, upon the expiry of this period, may be
prolonged for further periods of up to 90 days.
The Council of Ministers shall submit the acts
prescribing derogation from human and minority rights to the
Assembly of Serbia and Montenegro for approval as soon as the
Assembly is able to convene. Otherwise, derogation measures shall
cease to be effective following the conclusion of the first session
of the Assembly of Serbia and Montenegro held after the proclamation
of the state war.
Measures of derogation from human and minority
rights shall cease to have effect following the end of the state of
war or the state of emergency.
During the state of war, the Court of Serbia and
Montenegro shall continue its work. The status and powers of the
Court of Serbia and Montenegro and its judges shall remain
unchanged.
No derogation shall be permitted under any
circumstances from the rights guaranteed by Articles 1, 11, 12, 13,
14, 17, 19, 20, 21, 25, 26, 35, 50 and 51 of this Charter.
Human and Minority Rights Guaranteed by
International Law
Article 7
Human and minority rights guaranteed by generally
accepted rules of international law as well as by international
treaties in force in the State Union shall be guaranteed by this
Charter and exercised directly.
Prohibition of Limitation of Human and Minority
Rights on the
Pretext that they are not Guaranteed by this
Charter
Article 8
There shall be no limitation upon human and
minority rights guaranteed by generally accepted rules of
international law, international treaties in effect in the State
Union and laws and other legislation in force, on the pretext that
they are not guaranteed by this Charter or are guaranteed to a
lesser extent.
Judicial Protection and Elimination of
Consequences
of Human and Minority Rights Violations
Article 9
Everyone shall have the right to effective judicial
protection if any of his/her human or minority rights guaranteed by
this Charter has been violated or denied, and the right to have the
consequences of such violation eliminated.
Everyone claiming that any of his/her rights
guaranteed by this Charter has been violated or denied by an act of
an institution of the State Union and/or by a government body of a
Member State or by an organisation exercising public powers shall be
entitled to file a complaint with the Court of Serbia and Montenegro
if no other legal protection has been ensured by the respective
Member State, in accordance with the Constitutional Charter.
Decisions of international bodies shall be executed
and the incurred costs borne by the State Union and/or by its Member
States, depending on whether a right guaranteed by an international
treaty in force in the territory of Serbia and Montenegro has been
violated or denied by an institution of the State Union and/or by a
government body of a Member State, or by an organisation exercising
public powers.
Interpretation of Human and Minority Rights
Article 10
Human and minority rights guaranteed by this
Charter shall be interpreted in such a way as to promote the values
of open and democratic society, in accordane with international
human and minority rights guarantees in force and with the practice
of international bodies overviewing their implementation.
II Human Rights
The Right to Life
Article 11
Human life is inviolate. There shall be no death
penalty in the State Union of Serbia. and Montenegro.
Cloning of human beings shall be prohibited.
Inviolability of Physical and Mental Integrity
Article 12
Everyone shall have the right to inviolability of
physical and mental integrity.
No one shall be subjected to torture, inhuman or
degrading treatment or punishment.
No one shall be subjected to medical or scientific
experiment without his/her consent.
Prohibition of Slavery, Servitude and Forced
Labour
Article 13
No one shall be kept in slavery or servitude. Any
form of human trafficking shall be prohibited.
Forced labour shall be prohibited. Sexual or
economic exploitation of persons in a disadvantageous position shall
also be considered forced labour.
Work or service imposed on persons effectively
convicted, persons in military service or in case of emergency
situations threatening the life of the community shall not be
considered forced labour.
The Right to Liberty and Security
Article 14
Everyone shall have the right to personal liberty
and security.
No one shall be arbitrarily deprived of liberty.
Depriving of liberty shall be allowed only in cases and in the
manner specified by the law of the State Union or by the laws of its
Member States.
No one shall be deprived of liberty solely on the
grounds of failing to meet a contractual obligation.
Everyone deprived of liberty shall be informed
promptly, in a language that he/she understands, of the reasons of
his/her arrest or the charges against him/her as well as of his/her
rights.
Everyone deprived of liberty shall be entitled to
promptly inform a person of his/her choice of such fact.
Everyone deprivred of liberty shall be entitled to
initiate proceedings in which the court shall promptly examine the
lawfulness of the deprivation of liberty and order release if the
deprivation of liberty was unlawful.
A person in detention shall be treated humanely and
with respect for his/her dignity. Any violence directed against a
person deprived of liberty or extortion of statements shall in
particular be prohibited.
Anyone unlawfully deprived of liberty shall have
the right to a compensation for the damage.
Additional Guarantees in Case of Deprivation of
Liberty
for Criminal Offence or Misdemeanor
Article 15
A person under arrest shall be immediately informed
of his/her right to remain silent and the right to have an attorney
of his/her choice present during questioning.
A person under arrest shall be promptly, and not
later than within 48 hours, brought before the court. Otherwise,
such person shall be released.
A person reasonably suspected of having committed a
criminal offence may be detained only by decision of the competent
court, if this is necessary for the conduct of criminal proceedings.
Detention shall be limited to the shortest period
necessary, in accordance with the law, and the court shall see to it
that the law is complied with.
Special Guarantees
Article 16
Everyone shall have the right to be informed within
the shortest time and in detail in a language he/she understands of
the nature and cause of charges against him/her, and to be tried
without undue delay.
Everyone shall have the right to defence, including
the right to a defence counsel of his/her choice before a court or
other body competent to conduct proceedings; to communicate with the
defence counsel without hindrance, and to have sufficient time and
facilities for the preparation of his defence.
Cases where interests of justice require that the
defendant be assigned a defence counsel if he/she does not have
sufficient means to pay for the counsel's services shall be
specified by the law.
The defendant shall have the right to assistance of
an interpreter if he/she cannot understand or speak the language
used in the court proceedings.
Everyone who is available to a court or other body
competent to hold a trial shall not be punished if precluded from
being heard or from defending himself.
The Right to a Fair Trial
Article 17
Everyone shall be guaranteed equal protection of
rights in court proceedings, before other state authorities and
entities exercising public powers.
Everyone shall be entitled to have his/her rights
and obligations and any charges against him/her determined without
delay by an independent and impartial court established by the law.
Rendering of judgements shall be public; trials
shall be public unless otherwise provided for by the law.
The Right to Legal Remedy
Article 18
Everyone shall have the right to an appeal or other
legal remedy against a decision on his/her rights, obligations or
lawful interest.
Presumption of Innocence
Article 19
Everyone shall be innocent until his/her guilt for
a criminal offence is established by an effective court decision.
Ban on Retroactivity, Punishment only According
to Law
Article 20
No one may be presumed guilty or punished for an
act that did not constitute a punishable offence under the law at
the time it was committed.
Penalties shall be imposed according to the law
applicable at the time the offence was committed unless a subsequent
law is more advantageous for the offender.
Ne bis in idem
Article 21
No one may be tried twice for the same offence.
The Right to Rehabilitation and Compensation for
Miscarriage
of Justice in Criminal Proceedings
Article 22
A person convicted of a punishable offence without
grounds shall have the right to rehabilitation and compensation by
the state.
The Right to Property
Article 23
The right of ownership and the right of inheritance
shall be guaranteed.
No one may be deprived of property except in public
interest determined by the law, including a compensation that may
not be lower than the market value, or in order to ensure the
payment of tax, other dues or penalties.
Disputes regarding the amount of compensation shall
be decided by the competent court.
The Right to Privacy and Family Life
Article 24
Everyone shall have the right to respect for
his/her privacy and family life, home and secrecy of correspondence.
No one may enter another's home or premises or
search them against the will of the tenant except by an order of the
court. Entry into another's home or premises or search thereof
without a court order shall be permitted only if that is necessary
for immediate arest of the perpetrator of a criminal offence or to
prevent imminent and grave danger to people and property, in the
manner prescribed by the law.
Secrecy of mail and other means of communication
shall be inviolable. Derogation shall be permissible only for a
specified period of time under court order if that is necessary for
the conduct of criminal proceedings or for reasons of national
defence, in the manner prescribed by the law.
Protection of personal data shall be guaranteed.
Their gathering, recording and use shall be regulated by the law.
Any use of personal data for the purpose other than that for which
they have been compiled shall be prohibited and punishable. Everyone
shall have the right to be informed of the data gathered about his
person, in accordance with the law.
The Right to Marriage
Article 25
The right to marriage shall be guaranteed, based on
free consent of prospective spouses. The contracting, duration and
dissolution of marriage shall be based on the equality of spouses
Children born out of wedlock shall have the same
rights as children born in wedlock.
Freedom of Thought, Conscience and Religion
Article 26
Everyone shall have the right to freedom of
thought, conscience, belief or religion, including freedom to stand
by his/her belief or religion or to change them.
No one shall be obliged to state his/her religious
and other beliefs.
Everyone shall be free to profess, alone or in
community with others, in private or in public,
his religion or belief by worship, performance of
religious rites, attendance of religious service and education.
Freedom to profess religion or other belief may be
restricted by the law if that is necessary to protect public
security, public health, morality or the rights of other persons.
Parents and guardians shall have the right to
ensure religious and moral education of their children in conformity
with their own beliefs.
Religious Communities
Article 27
All religious communities shall be equal and
separate from the state.
Religious communities shall be free to
independently determine their internal organisations, to conduct
religious affairs and to perform religious rites.
Religious communities shall have the right to found
religious schools and charities, in accordance with the law.
Conscientious Objection
Article 28
Conscientious objection shall be recognised in the
State Union of Serbia and Montenegro.
No one shall be obliged to do military service or
to fulfil other obligation that requires the use of arms, against
his/her religion or belief. Such person may be called upon to
perform a corresponding civilian service, in accordance with the
law.
Freedom of Thought and Expression
Article 29
Everyone shall have the right to freedom of thought
and expression. This right shall include freedom to request, receive
and impart information and ideas verbally, in writing, by the use of
visual images or any other means.
Everyone shall have the right of access to data in
the possession of state bodies, in accordance with the law.
The right to freedom of expression may be
restricted by the law if that is necessary for the protection of the
rights and reputation of others, protection of the authority and
impartiality of the court, national security, public health and
morality or public safety.
Freedom of the Media
Article 30
Everyone may publish newspapers and establish other
media of public information without obtaining permission to do so.
Television and radio stations shall be established in accordance
with the laws of the Member States.
There shall be no censorship in the State Union of
Serbia and Montenegro.
Everyone shall have the right to correct published
untrue, incomplete or incorrectly reported information violating
his/her right or interest, in accordance with the law.
Everyone shall have the right of reply to
information published in the media, in accordance with the law.
No one may prevent the distribution of the press or
the dissemination of information and ideas by other means of public
information, unless it is established by a court order that this is
necessary to do so for the purpose of preventing war propaganda,
incitement to direct violence, or advocacy of racial, national or
religious hatred that constitutes incitement to discrimination,
hostility or violence.
Freedom of Assembly
Article 31
Freedom of peaceful assembly shall be guaranteed.
Prior permission for or notification of assembly in
closed spaces shall not be necessary.
In case of rallies or demonstrations held in the
open, the obligation of prior notification of the competent body
about the assembly may be prescribed by the laws of the Member
States.
Freedom of assembly may be restricted by the laws
of the Member States if that is necessary for the protection of
public safety, public health or morals, national security or the
protection of the rights of others.
Freedom of Association
Article 32
Everyone shall have the right to freedom of
association, including the right not to be a member of an
organisation.
Political, trade union and other organisations may
be established without prior permission, by entry into the register
of the competent body.
The right to freedom of association may be
restricted by the laws of the Member States if that is necessary for
the protection of public safety, public health and morals, national
security or the protection of the rights of others.
Organisations whose activities are aimed at violent
overthrow of the constitutional order, abolishment of guaranteed
human rights or incitement to racial, national or religious hatred
may be prohibited by the decision of the competent court.
The Right to Free Elections
Article 33
The citizens of the State Union of Serbia and
Montenegro shall have the right to take part in decision-making
regarding public affairs, either directly or through representatives
freely elected by secret ballot at general or periodic elections.
A citizen of the State Union of Serbia and
Montenegro who has turned 18 shall have the right to vote and be
elected to local self-government or state bodies of a Member State
and institutions of the State Union, in accordance with the
Constitutional Charter and the laws of the Member States.
The Right to Petition
Article 34
Eeryone shall have the right to address state
bodies, alone or in community with others, to submit petitions and
other proposals to them, and to get a reply from them if he/she so
demands. No one may suffer harmful consequences for exercising this
right.
Citizenship
Article 35
A child born in the territory of Serbia and
Montenegro shall have the right to citizenship if it has no other
citizenship.
A citizen of the State Union of Serbia and
Montenegro may not be deprived of his/her citizenship, expelled from
the State Union of Serbia and Montenegro or extradited to a place
outside its territory, except in accordance with the international
obligations of the State Union.
Legal Age
Article 36
Majority is reached at the age of 18.
The Right to Freedom of Movement
Article 37
Everyone shall have the right to freedom of
movement and residence in the entire territory of the State Union of
Serbia and Montenegro as well as the right to leave its territory
and to return to it.
Freedom of movement and residence and the right to
leave the territory of the State Union may be restricted by the law
if that is necessary for the purpose of conducting criminal
proceedings, protection of public peace and order, prevention of
spreading of infectious diseases or for reasons of national defence.
The entry and stay of foreign nationals in the
territory of Serbia and Montenegro shall be regulated by the law. A
foreign national may be expelled from the territory of Serbia and
Montenegro on the basis of the decision of the competent body and
procedure prescribed by the law.
The expelled person shall not be sent to a place
where he/she may face persecution on the grounds of race, religion,
citizenship, belonging to a social group or political opinion or a
serious violation of the right guaranteed by this Charter.
The Right to Asylum in the State Union of Serbia
and Montenegro
Article 38
Any foreign national justifiably fearing
persecution on the grounds of race, colour, sex, language, religion,
national origin, belonging to a national group or political opinion
shall have the right to asylum in Serbia and Montenegro. The
procedure for granting asylum shall be determined by the law.
Special Protection of the Family, Mother and
Child
Article 39
The family, mother and child shall enjoy special
protection by society and by the Member States.
The right of a mother to support and protection of
the Member States during a period preceding and following childbirth
determined by the law shall be guaranteed.
The Right to Work
Article 40
The right to work shall be guaranteed in accordance
with the law. The Member States shall create conditions in which
everyone can earn a living by his/her own work.
Everyone shall have the right to free choice of
work.
Everyone shall have the right to fair and adequate
working conditions, and especially to fair remuneration for his/her
work.
The Right to Strike
Article 41
Employees shall have the right to strike, in
accordance with law.
Social Security and Insurance
Article 42
Everyone residing in the State Union of Serbia and
Montenegro shall have the right to social security and insurance, in
accordance with the law.
The Right to Education
Article 43
Everyone shall have the right to education.
Primary education shall be compulsory. The Member
States are obligated to ensure free primary education.
The founding of schools and universities shall be
regulated by the laws of the Member States.
Freedom of Scientific and Artistic Creation
Article 44
Everyone shall have the right to scientific and
artistic creation.
Authors of scientific and artistic works shall be
guaranteed moral and material rights, in accordance with the law.
The Right to Health Care
Article 45
Everyone shall have the right to health care.
The Member States shall ensure health care for
children, pregnant women and old persons if they are not entitled to
this right on another basis.
Healthy Environment
Article 46
Everyone, and in particular the State Union and its
Member States, shall be responsible for environmental protection.
Everyone shall have the right to a healthy
environment and the right to full and timely information on the
condition thereof.
Everyone shall be obliged to preserve and enhance
the environment.
III - The Rights of Members of National
Minorities
The Basis and Framework of the Rights of National
Minorities
Article 47
The protection of the rights of members of national
minorities shall be ensured in accordance with international-legal
protection of human and minority rights.
Members of national minorities shall have
individual and collective rights which shall be exercised
individually or in community with others, in accordance with the law
and international standards.
Collective rights shall include participation of
the members of national minorities directly or through elected
representatives in the process of decision-making concerning issues
related to their culture, education, information and the use of
language and script, in accordance with the law.
In addition to the term "national minorities",
other terms established in the Constitutions and laws of the Member
States may equally be used.
Freedom of Expression of National Identity
Article 48
Freedom of expression of national affiliation shall
be guaranteed.
No one shall be obliged to reveal his/her national
affiliation.
Prohibition of Discrimination
Article 49
Memebrs of national minorities shall be guaranteed
equality before the law and equal legal protection.
Any discrimination on the grounds of belonging to a
national minority shall be prohibited.
The regulations, measures and actions aimed at
providing the rights of national national minorities when in an
unequal position, or order to enable their full exercise of those
rights, shall not constitute discrimination.
Prohibition of Forced Assimilation
Article 50
Forced assimilation of members of national
minorities shall be prohibited.
The Member States and the State Union of Serbia and
Montenegro shall protect members of national minorities against any
action aimed at such assimilation.
Prohibition of Instigation to Racial
National
and Religious Hatred
Article 51
Any advocacy and promotion of national, racial,
religious or other inequality as well as any incitement to and
fomenting of national, racial, religious and other hatred shall be
prohibited and punishable.
Identity Rights
Article 52
Members of national minorities shall have the right
to:
- express, uphold, cherish, promote and manifest in
public their national and ethnic, cultural and religious
characteristics,
- display their symbols in public places,
- use freely their own language and script,
- in communities with significant minority
population, to have the state bodies conduct proceedings also in the
language of the national minority making up a significant part of
the population,
- education in their own language at state
institutions,
- establish private educational institutions at all
levels,
- use their personal and family name in their own
language,
- in communities with significant minority
population, to have traditional local names, names of streets and
settlements and topographic names written also in the language of
the minority,
- a certain number of mandates in the Assembly of
the respective Member State and the Assembly of Serbia and
Montenegro, proceeding from the principle of direct representation,
in accordance with the laws of the Member State,
- to adequate representation in public services,
state and local self-government bodies,
- full and impartial information in their own
language, including the right to express, receive, disseminate and
exchange information and ideas,
- establish their own media of public information.
The manner of exercising these rights shall be
determined by the law.
The Right to Association
Article 53
Members of national minorities shall have the right
to establish educational and cultural organisations and associations
financed on a voluntary basis.
The special role of minority organisations and
associations in the exercise of rights of members of national
minorities shall be recognised.
Relations with Co-nationals in Other States
Article 54
Members of national minorities shall have the right
to maintain relations without hindrance and to cooperate with their
co-nationals outside the territory of the State Union of Serbia and
Montenegro.
Improvement of Living Conditions
Article 55
The Member States shall be obligated, wherever
necessary, to adopt adequate measures to promote the full and
effective equality of persons belonging to national minorities as
well as those belonging to the majority, in all spheres of economic,
social, political and cultural life.
Measures from the previous paragraph shall,
whenever necessary, envisage elimination of manifestly
disadvantageous living conditions that particularly affect members
of a certain national minority.
The State Union of Serbia and Montenegro, within
its competences established by the Constitutional Charter, and the
Member States, shall guarantee the right of national minorities to
take part in the conduct of public affairs under equal conditions
with other citizens, including the right to vote and stand for
public office.
Promotion of Spirit of Tolerance
Article 56
In the spheres of education, culture and
information, the State Union of Serbia and Montenegro and its Member
States shall encourage the spirit of tolerance and intercultural
dialogue and take effective measures to promote mutual respect,
understanding and cooperation among all persons living in their
territory regardless of their ethnic, cultural, linguistic or
religious identity.
Guarantees for Acquired Rights
Article 57
The achieved level of human and minority rights,
both individual and collective, shall not be reduced.
This Charter shall not revoke or change the rights
of members of national minorities acquired under regulations that
were in force before this Charter came into effect or the rights
acquired on the basis of international treaties to which the Federal
Republic of Yugoslavia acceded.
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