THE CONSTITUTIONAL PROTECTION OF HUMAN RIGHTS IN SERBIA: CHALLENGES AND PERSPECTIVES

Abstract

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.