The Concept of Human Rights and the Rights of National Minorities in the Serbian Constitution

Abstract

In this paper the authors first discuss the concept of human rights as a set of rights and freedoms which belong to al people. Broader definitions determining this concept may include the terms which refer to inalienability of human rights and freedoms and their origin in natural law. In order to better understand the concept of minority rights, the authors of this paper decided to draw your attention to the classification of human rights and freedoms. Then, the author’s focus changes to general discussion on the rights of national minorities. It is of crucial importance to understand that the concept of national minorities includes only autochthonous population which throughout the history inhabited the country and hold its citizenship. It does not include economic migrants, refugees and asylum seekers which are considered to be temporary residents of the country. The Republic of Serbia Constitution guarantees to national minorities equal rights and freedoms reserved for a l citizens. With the application of the normative-dogmatic method, it is indicated that the Constitution contains special provisions where national minorities are guaranteed special individual and co lective rights. Individual rights are exercised individua ly and co lective rights are exercised in national minority communities in compliance with the Constitution, law and international treaties. At the end of the paper, the authors conclude that human rights and freedoms, including the rights and freedoms of minorities, can be exercised only in a democratic society.