Serbia

Serbia

Right	Section	Contents
Freedom of Association	History	Serbia became independent in 2006 from the state union of Serbia and Montenegro. The 2006 constitution covers freedom of association under article 55 of the Constitution of the Republic of Serbia. However, The 1931 Constitution of the Kingdom of Yugoslavia covers freedom of association in Chapter II, Article 13. International Labour Organization. Constitution of the Republic of Serbia. 2006. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/74694/119555/F838981147/SRB74694%20Eng.pdf Constitution of the Kingdom of Yugoslavia. 1931. https://royalfamily.org/wp-content/uploads/2014/01/constitution.pdf
Freedom of Expression	History	Article 46 of the 2006 Serbian Constitution is the first assertion of freedom of expression in the Republic of Serbia as it is known today. That said, the right has been protected in other historical documents that governed the land prior to the present-day regime; these include the Constitution of the Principality of Serbia (1869) and the Constitution of the Federal Republic of Yugoslavia (1992). “Constitution de la Principauté de Serbie.” World Constitutions Illustrated, Heinonline. Accessed July 11, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzcs0005&i=1 “Constitution of the Federal Republic of Yugoslavia.” Refworld. Accessed July 11, 2023. https://www.refworld.org/docid/3ae6b54e10.html “Serbia’s Constitution of 2006.” Constitute. Accessed July 11, 2023. https://www.constituteproject.org/constitution/Serbia_2006.pdf?lang=en
Freedom of Religion	History	The Constitution of the Republic of Serbia was ratified November 8, 2006. Article 5, 21, 39, 43, 44, 45, 48, 49, 57, 79, and 81 grant extensive religious freedom, equality, and prohibit religious discrimination. Article 11 declares Serbia a secular state and creates a separation of church and state. The National Assembly of the Republic of Serbia. “CALLING A REPUBLIC REFERENDUM TO ENDORSE THE NEW CONSTITUTION OF THE REPUBLIC OF SERBIA.” Government of the Republic of Serbia . Last modified 2006. Accessed June 28, 2022. http://www.parlament.gov.rs/upload/documents/Constitution_%20of_Serbia_pdf.pdf.
Freedom of the Press	History	The 1935 Serbian Constitution protected freedom of the press, and King Milan IV of Serbia discussed freedom of the press as early as 1875: “Although nominated but a few days ago, the Ministers whom I have assembled around me in these grave circumstances, will submit to you nevertheless some projects of laws tending to improve our national institutions, to wit, a law destined to increase the securities for personal safety, a law for the extension of the liberty of the press, and a law for the extension of communal self-government” (Hertslet 1875, p. 34). Today, Article 46 of Serbia’s 2006 Constitution protects press freedom: “The freedom of thought and expression shall be guaranteed, as well as the freedom to seek, receive and impart information and ideas through speech, writing, art or in some other manner” (International Labour Organization, “Constitution of The Republic of Serbia”).
Privacy Rights	History	The Serbian Constitution does not include an explicit overall right to privacy. Privacy is referred to throughout the document, such as when it allows the press and public to be excluded from court proceedings due to the protection of private life of the parties, and in the assertion that citizens have the freedom of religion both in private and public (Constitution of the Republic of Serbia). The Serbian Constitution does guarantee the confidentiality of communications and the protection of personal data in Articles 41 and 42 (Constitution of the Republic of Serbia). References: Constitution of Serbia. “Section 2: Human RIghts and Freedoms.” HeinOnline, 2006. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zzcs0021&collection=cow.
Voting Rights and Suffrage	History	Under article 52 of Serbia’s Constitution all individuals of the proper age (18 years old) and working status are entitled to universal, free, and direct voting by secret ballot. (Constitute Project, “Serbia’s Constitution of 2006” ).