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II FREEDOMS, RIGHTS AND DUTIES OF MEN AND CITIZEN

Article 11

     The freedoms and rights of man and citizen are restricted only by equal freedoms and rights enjoyed by others. and when so provided by the Constitution.

Article 12

     Freedoms and rights shall be exercised and duties fulfilled on the ground of the Constitution, unless the Constitution provides that the conditions of exercising specific freedoms and rights shall be spelled out by law.

     The manner of exercising specific freedoms and rights may be determined by law if this is necessary for their exercise.

     Abuse of the freedoms and rights of man and citizen is unconstitutional and shall be punished in the manner prescribed by law.

     Judicial protection of the freedoms and rights guaranteed and recognized by the Constitution is ensured.

Article 13

     Citizens are equal in their rights and duties and have equal protection before the State and other authorities, irrespective of their race, sex. birth, language, nationality, religion, political or other belief, level of education, social origin, property status, or any other personal attribute

Article 14

     Human life is inviolable.

     The capital punishment may be spelled out by law only exceptionally and pronounced only for the most serious criminal offences.

Article 15

     Man's liberty is inviolable.

     No one may be deprived of his liberty, except on such grounds and in accordance with such procedure as established by law.

Article 16

     A person reasonably suspected of having committed a criminal offence may be detained and held in confinement on the ground of a decision of a competent court of law only when this is indispensable for the conduct of criminal proceedings or for reasons of public safety.

     The length of detention must be kept to the shortest possible time.

     The detention ordered by the first instance court may not exceed three months from the day of the arrest. The Supreme Court may extend by its decision this time limit for another three months. If upon the expiry of these time limits no charge sheet has been filed, the accused shall be released.

Article 17

     Citizens are guaranteed freedom of movement and residence and the right to leave and return to the Republic of Serbia.

     Freedom of movement and residence may be restricted by law if this is necessary for the conduct of criminal proceedings, prevention of contagious diseases, or when so required by the defense of the Republic of Serbia.

Article 18

     Human dignity and the right to a private life are inviolable.

Article 19

     Privacy of mail and other means of communication is inviolable.

     Provisions to depart from the principle of inviolability of privacy of mail and other means of communication, pursuant to an order of the court, may only be made by the law if this is indispensable for the conduct of criminal proceedings, or for the defense of the Republic of Serbia:

Article 20

     Protection of secrecy of data concerning a person shall be guaranteed.

     The collection, processing, and use of data concerning a person shall be regulated by law.

Article 21

     The home shall be inviolable.

     The law may prescribe that a person in an official capacity, on the ground of a court warrant, may enter a dwelling or other premises against the will of their tenant, and may search them. The search shall be carried out in the presence of two witnesses.

     Subject to conditions spelled out by law, a person in an official capacity may enter a dwelling or other premises without a court warrant and carry out a search. if this is indispensable for the purpose of immediate apprehending the perpetrator, or in order to save human lives and property.

Article 22

     Everyone is entitled to equal protection of his rights in the proceedings before a court of law, a State agency or any other agency or organisation.

     Every individual is guaranteed the right to appeal or to apply other legal remedy against a decision concerning his right or interest founded on law.

Article 23

     No one shall be punished for an act which prior to its commission was not provided as a punishable offence by the law or statutory instruments based on law, nor be subject to pronouncing a punishment which has not been established for such an act by the law.

     Criminal offences and penalties for the offenders may be established only by law.

     No one may be considered guilty of a criminal offence until so proven by a final judgment of a court of law.

     A person who has been unjustifiably convicted for a criminal offence or wrongfully deprived of liberty shall be entitled to compensation of damage from public funds, as well as to other rights established by law.

Article 24

     Every person is guaranteed the right to defend himself and to engage a defense attorney, to represent him before the court of law or other agency competent for conducting the proceedings.

     No one accessible to the court or another agency authorized to conduct proceedings may be punished without being afforded an opportunity to be interrogated and to defend himself

     Every person is entitled to have a defense attorney of his choice present at his hearing.

     The law shall determine the cases when an accused must have a defense attorney.

Article 25

     Every person is entitled to compensation of property and non-property damage inflicted on him through unlawful or irregular work of an official or a State agency or organisation exercising public powers, in accordance with law.

     The damages shall be paid by the Republic of Serbia or the organisation exercising public powers.

Article 26

     Respect for the human being and his dignity shall be guaranteed in criminal and any other proceedings, in the event of deprivation or restriction of liberty, as well as during imprisonment.

     No one shall be subject to torture, humiliating punishment or treatment.

     It is prohibited to use a man, without his consent, as on object in medical and other scientific experiments.

Article 27

     It is a human right to decide freely on family planning.

Article 28

     The mother and child shall enjoy special protection. Special protection shall be extended to minors deprived of parental care, as well as to persons unable to take care of themselves and to protect their rights and interests.

Article 29

     The family shall enjoy special protection. Marriage and matrimonial and family relations shall be regulated by law.

     Parents shall have the right and duty to care for the raising and upbringing of their children. Children shall be bound to care for their parents in need of assistance.

     Children born out of wedlock shall have the same rights and duties as those born in wedlock.

Article 30

     Every person is entitled to health care.

     Children, pregnant women and elder people have the right to health care financed from public funds, if such right is not realized on some other ground, while other persons enjoy such care under the conditions provided by law.

Article 31

     Man shall have the right to a healthy environment. Every person is bound, in accordance with law, to protect and enhance the human environment.

Article 32

     Education shall be accessible to everyone under equal conditions.

     Primary education shall be obligatory.

     Citizens do not pay tuition for regular education financed from public funds.

     Members of other nations and national minorities have the right to education in their own language in accordance with law.

Article 33.

     The freedom of creativity and of publishing scientific and artistic works, scientific discoveries and technical inventions shall be guaranteed, which guaranty applies to moral and property rights of their creators, too.

     The manner of exercise and the protection of rights of creators relating to their works shall be regulated by law.

Article 34

     The right to own property is guaranteed in accordance with the Constitution, as well as the freedom of enterpreneurship.

     The right to inheritance is guaranteed, in accordance with law.

     Everyone may set up a foundation.

Article 35

     Every person shall have the right to work.

     The freedom of work, the free choice of profession and employment, and participation in management shall be guaranteed. Everyone shall have equal access to jobs and functions.

     Employed persons may be dismissed against their will under conditions and in the manner established by the law and the collective agreement.

     Forced labour shall be prohibited.

Article 36

     Employed persons are entitled to fair remuneration. The right to relief during temporary unemployment shall be guaranteed subject to conditions established by law.

Article 37

     Employed persons shall have the right to strike, in accordance with law.

Article 38

     Employed persons are entitled to limited working hours, to a daily and weekly rest period, and to a paid holiday and leave of absence, in accordance with the law and/or collective agreement.

     Employed persons are entitled to job safety, in accordance with law.

     Young people, women and disabled persons shall enjoy special on-the-job protection, in accordance with law.

Article 39

     Citizens who are partially disabled shall be guaranteed the training for a suitable job, and shall be provided conditions for their employment, in accordance with law.

     The State shall provide social security assistance to those citizens who are unable to work and have no means of subsistance.

Article 40

     Under an obligatory insurance scheme, in accordance with the law, the employed shall secure for themselves the right to health care and other rights in the event of sickness, the rights in the event of pregnancy, childbirth, impairment or loss of work ability, unemployment and old age, and rights to other forms of social security, and for the members of their families - the right to health protection, the right to a family pension, and other social security rights.

     Social security rights for those citizens who are not covered by the obligatory social insurance scheme shall be regulated by law.

Article 41

     Freedom of religion, which includes the freedom of belief, confession of faith and performance of religious rites, shall be guaranteed.

     Religious communities shall be separated from the State and shall be free in the conduct of religious affairs and performance of religious rites.

     A religious community may establish religious schools and charitable organisations.

     The State may grant financial assistance to religious communities

Article 42

     A citizen who has reached the age of eighteen shall have the right to vote and to be elected to the National Assembly and to other agencies and bodies.

     Elections shall be direct, by universal and equal suffrage, and shall be held by, secret ballot.

     A candidate for representative of the National Assembly and of other agencies and bodies may be nominated by a political party, other political organisation, or a group of citizens.

Article 43

     Citizens are guaranteed the freedom of assembly and other kinds of gathering without seeking permission, subject to a previous notification of the competent agency.

     The freedom of assembly and other gathering of citizens may be restricted by a decision of the competent agency, for the purpose of preventing the obstruction of traffic, threat to public health; public morals or safety of persons and property.

Article 44

     The freedom of political, trade-union and other forms of organisation and action without seeking permission, subject to registration with the competent agency shall be guaranteed.

     Any activity aiming at a forcible changing of the order established by the Constitution, violation of the territorial integrity and .independence of the Republic of Serbia, violation of freedoms and rights of man and citizen guaranteed by the Constitution, and the provocation and fomenting of national, racial, and religious intolerance and hatred, shall be prohibited.

Article 45

     The freedom of conscience, thought and public expression of opinion shall be guaranteed.

Article 46

     The freedom of press and other public information media shall be guaranteed.

     Citizens shall have 1he right to express and make public their opinions in the public information media

     Publication of newspapers and dissemination of information by other means shall be accessible to everyone without seeking permission, subject to registration with the competent agency.

     Radio and television broadcasting organisations shall be established in accordance with law.

     The right to correction of published incorrect information which violates someone's right or interest, as well as the right to compensation for any moral and property damage arising therefrom, shall be guaranteed.

     The censorship of press and other public information media shall be prohibited. No one may obstruct the distribution of the press and dissemination of other information, except when the competent court of law finds by its decision that they call for the forcible overthrow of the order established by the Constitution, violation of 1he territorial integrity and independence of the Republic of Serbia, violation of guaranteed freedoms and rights of man and citizen, or incite and foment national, racial or religious intolerance and hatred.

     The public information media which are financed from public funds shall be bound to provide the general public with timely and impartial information.

Article 47

     A citizen of the Republic of Serbia shall have the citizenship of the Republic of Serbia.

     A citizen of the Republic of Serbia may not be deprived of his citizenship, exiled or extradited.

     The citizenship shall be acquired and terminated in the manner established by law.

     A citizen of the Republic of Serbia who has another citizenship may have the citizenship of the Republic of Serbia revoked only if he refuses to perform the constitutional duties of the citizen.

Article 48

     A citizen has the right to publicly criticize the work of State and other agencies and organisations, as well as of the high-ranking officials, to submit requests, petitions and proposals, and to receive an answer to these should he so desire.

     A citizen may not be indicted nor suffer any other ill effects for his opinions presented in public criticism or in a submitted request, petition or proposal, except when thereby committing a criminal offence.

Article 49

     A citizen shall be guaranteed the freedom to express his national affiliation and culture, and freedom to use his language and alphabet.

     A citizen is not bound to declare his national affiliation.

Article 50

     An alien in the Republic of Serbia shall have the freedoms and rights specified by the Constitution, and other rights and duties as established by law.

     The right to asylum shall be guaranteed to a foreign citizen and stateless person who is being persecuted for supporting democratic views and participating in movements for social and national emancipation, for human rights and freedoms, or for the freedom of scientific or artistic creativeness.

Article 51

     The defense of the Republic of Serbia is the right and a duty of every citizen.

     No one has the right to acknowledge or sign an act of capitulation, or accept or recognize the occupation of the Republic of Serbia, or any part thereof.

     Treason against the Republic of Serbia is a crime against the people and shall be punished as a serious criminal offence.

Article 52

     Everyone shall be bound to pay taxes and other levies established by law.

Article 53

     Everyone shall be hound to abide by the Constitution and the law.

     Everyone shall be bound to perform his public function conscientiously and responsibly.

Article 54

     Everyone has the duty to render aid to another person in need, and to participate in eliminating a general danger.

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