THE CONSTITUTIONAL PROTECTION OF HUMAN RIGHTS IN SERBIA: CHALLENGES AND PERSPECTIVES
Taking into consideration that the protection of human rights is a basic
principle of modern constitutions, the purpose of the paper is to address
to the constitutional protection of human rights in Serbia. The focus will
be on the constitutional law framework, how it deals with the human
rights and mechanisms adopted for the implementation and enforcement
of these rights.
The Constitution of Serbia devotes considerable attention to the matter of
human rights. The fundamental principles which are recognized in the
Constitution in this area are the direct implementation of human rights,
the purpose of constitutional guarantees, limitation on human and
minority rights, prohibition of discrimination, protection of human and
minority rights and freedoms.
The protection of human rights in the Serbian Constitution is set up on
two pillars: one, national and, the other, international. This article aims at
defining the role of the courts and the constitutional courts in protecting
the fundamental rights. The core of the national system of human rights
protection constitute the courts. This is very important because one of the
vital ways to keep human rights safe is by preserving the prevailing role
of the judiciary.
This article also aims at defining the role of the constitutional courts in
protecting the fundamental rights of individuals by relating the
importance of constitutional review and constitutional appeal.