The Constitutional Design and Practical Implementation of Human Rights in North Macedonia

Karakamisheva-Jovanovska, Tanja and Spasenovski, Aleksandar (2026) The Constitutional Design and Practical Implementation of Human Rights in North Macedonia. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 7 (1). pp. 139-156. ISSN 2732-0707

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Abstract

The paper examines the constitutional design and practical implementation of human rights in the Republic of North Macedonia, with a particular focus on the normative framework established by the Constitution of 1991 and its interaction with international human rights law. The Constitution enshrines the protection of human rights and fundamental freedoms as one of the core principles of the constitutional order, reflecting the democratic and liberal foundations of the state. Human rights are positioned at the center of the constitutional framework and are conceived as an essential element of the country’s legal and political identity. Moreover, the Constitution guarantees a broad spectrum of civil, political, economic, social, and cultural rights, while simultaneously affirming the principles of equality and non-discrimination and establishing specific safeguards for the protection of minority rights.Beyond the normative recognition of rights, the study also analyses the constitutional guarantees and mechanisms established for their effective protection in the country, including access to judicial remedies and constitutional review. These mechanisms aim to ensure that human rights are not merely declaratory but practically enforceable within the domestic legal order.Furthermore, the study explores the relationship between constitutional norms and international human rights instruments. Article 118 of the Constitution provides that generally accepted principles of international law and ratified international treaties form an integral part of the domestic legal system and are directly applicable by national institutions and courts. While international human rights treaties enjoy a privileged legal status, the Constitution retains its position as the supreme legal authority, prevailing in the event of a normative conflict. This constitutional model reflects a deliberate balance between openness to international human rights standards and the preservation of constitutional sovereignty. Overall, the paper argues that the 1991 Constitution represents a coherent framework that integrates international human rights norms within a constitutionally anchored system of democratic governance and the rule of law.

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