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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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