The Universal Protection of Human Rights and Eastern Europe: Serbia

Tubić, Bojan (2025) The Universal Protection of Human Rights and Eastern Europe: Serbia. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 6 (2). pp. 367-396. ISSN 2732-0707

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Abstract

The Republic of Serbia is a state party to almost all major international treaties on human rights protection—both universal and regional—including UN human rights conventions and covenants. It has incorporated all of these documents into its Constitution and relevant national legislation. For example, Serbia has aligned its asylum system with relevant international standards. It has also carried out constitutional reform to further strengthen the independence of the judiciary, amended the Law on the Prohibition of Discrimination, and adopted numerous laws, strategies, and action plans related to the prevention of discrimination. Serbia regularly submits reports on the implementation of the relevant human rights treaties, as required by those treaties. It has also accepted the jurisdiction of committees established by international treaties to hear individual complaints. There are only four cases against Serbia before the Human Rights Committee, and it may be concluded that Serbia respects the human rights guaranteed by this instrument, although individuals often seek protection from the European Court of Human Rights instead of the Committee. Complaints have also been brought against Serbia before the Committee against Torture, concerning the treatment of complainants during detention, which was characterised as severe pain or suffering intentionally inflicted by public officials. Serbia has strong institutions for human rights protection, including the Constitutional Court and the Ombudsman. It can be said that the country remains determined to make further progress in democratisation, fulfil its international obligations, and achieve the highest standards of human rights.

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