Carta 04 febbraio 2003
Charter of Human and Minority Rights and Civil Liberties
Serbia e Montenegro, 4 febbraio 2003:
“Charter of Human and Minority Rights and Civil Liberties”.
All shall be equal before the law.
Everyone shall have the right to equal legal protection, without discrimination.
Any direct or indirect discrimination based on any grounds, particularly on race, colour, sex, nationality, social origin, birth or other status, religion, political or other opinion, property status, culture, language, age or mental or physical handicap, shall be prohibited.
Derogation from human and minority rights guaranteed by this Charter shall be allowed following the proclamation of a state of war or a state of emergency, if the existence of the State Union or of a Member State is threatened, but only to the extent necessary under the given circumstances.
Measures of derogation may not entail discrimination based on race, colour, sex, language, religion, national or social origin.
Everyone shall have the right to freedom of thought, conscience, belief or religion, including freedom to stand by his/her belief or religion or to change them.
No one shall be obliged to state his/her religious and other beliefs.
Everyone shall be free to profess, alone or in community with others, in private or in public, his religion or belief by worship, performance of religious rites, attendance of religious service and education.
Freedom to profess religion or other belief may be restricted by the law if that is necessary to protect public security, public health, morality or the rights of other persons.
Parents and guardians shall have the right to ensure religious and moral education of their children in conformity with their own beliefs.
All religious communities shall be equal and separate from the state.
Religious communities shall be free to independently determine their internal organisations, to conduct religious affairs and to perform religious rites.
Religious communities shall have the right to found religious schools and charities, in accordance with the law.
Conscientious objection shall be recognised in the State Union of Serbia and Montenegro.
No one shall be obliged to do military service or to fulfil other obligation that requires the use of arms, against his/her religion or belief. Such person may be called upon to perform a corresponding civilian service, in accordance with the law.
No one may prevent the distribution of the press or the dissemination of information and ideas by other means of public information, unless it is established by a court order that this is necessary to do so for the purpose of preventing war propaganda, incitement to direct violence, or advocacy of racial, national or religious hatred that constitutes incitement to discrimination, hostility or violence.
Organisations whose activities are aimed at violent overthrow of the constitutional order, abolishment of guaranteed human rights or incitement to racial, national or religious hatred may be prohibited by the decision of the competent court.
The entry and stay of foreign nationals in the territory of Serbia and Montenegro shall be regulated by the law. A foreign national may be expelled from the territory of Serbia and Montenegro on the basis of the decision of the competent body and procedure prescribed by the law.
The expelled person shall not be sent to a place where he/she may face persecution on the grounds of race, religion, citizenship, belonging to a social group or political opinion or a serious violation of the right guaranteed by this Charter.
Any foreign national justifiably fearing persecution on the grounds of race, colour, sex, language, religion, national origin, belonging to a national group or political opinion shall have the right to asylum in Serbia and Montenegro. The procedure for granting asylum shall be determined by the law.
The protection of the rights of members of national minorities shall be ensured in accordance with international-legal protection of human and minority rights.
Members of national minorities shall have individual and collective rights which shall be exercised individually or in community with others, in accordance with the law and international standards.
Collective rights shall include participation of the members of national minorities directly or through elected representatives in the process of decision-making concerning issues related to their culture, education, information and the use of language and script, in accordance with the law.
Any advocacy and promotion of national, racial, religious or other inequality as well as any incitement to and fomenting of national, racial, religious and other hatred shall be prohibited and punishable.
Members of national minorities shall have the right to:
– express, uphold, cherish, promote and manifest in public their national and ethnic, cultural and religious characteristics,
– display their symbols in public places,
– establish private educational institutions at all levels,
– a certain number of mandates in the Assembly of the respective Member State and the Assembly of Serbia and Montenegro, proceeding from the principle of direct representation, in accordance with the laws of the Member State,
– to adequate representation in public services, state and local self-government bodies,
– establish their own media of public information.
The manner of exercising these rights shall be determined by the law.
In the spheres of education, culture and information, the State Union of Serbia and Montenegro and its Member States shall encourage the spirit of tolerance and intercultural dialogue and take effective measures to promote mutual respect, understanding and cooperation among all persons living in their territory regardless of their ethnic, cultural, linguistic or religious identity.