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Freedoms, Rights, and Duties of Man and the Citizen
Section II Freedoms, Rights, and Duties of Man and the Citizen
Article 19
The freedoms, rights and duties of man and the citizen which ensure the equality of people and citizens in the Republic of Yugoslavia shall be laid down by the present Constitution.
Article 20
- Citizens shall be equal irrespective of their nationality, race, sex, language, faith, political or other beliefs, education, social origin, property, or other personal status.
- Everyone shall be equal before the law.
- Each person shall be duty bound to respect the rights and freedoms of others and shall be held responsible for it.
Article 21
- Human life shall be inviolable.
- Criminal offenses prescribed by federal legislation may not carry the death penalty.
Article 22
- The inviolability of the physical and psychological integrity of the individual, his privacy and personal rights shall be guaranteed.
- The personal dignity and security of individuals shall be guaranteed.
Article 23
- Every individual shall have the right of personal freedom.
- No one may be deprived of his liberty except in cases and according to the procedure laid down by federal law.
- Every person taken into custody must be informed immediately in his mother tongue or in a language which he understands of the reasons for his arrest, and he shall be entitled to demand that the authorities inform his next of kin of his detention.
- The detained person must promptly be informed of his right to remain silent.
- The detained person shall be entitled to choose his own defense counsel.
- Illegal arrests shall be a punishable offense.
Article 24
- A person suspected of having committed a criminal offense may be taken into custody and detained by order of a competent court only when it is necessary for the conduct of criminal proceedings.
- The detained person must be given an explanation for his arrest of arrest. The suspect shall have the right of appeal, which must be decided on by the court within 48 hours.
- The length of detention must be of the shortest possible duration.
- The detention ordered by a first instance court may not exceed three months from the day of arrest. This time limit may be extended for a further three months by order of a higher court. If by the end of this period charges have not been brought, the suspect shall be released.
Article 25
- Respect for the human personality and dignity in criminal and all other proceeding in the event of detention or restriction of freedom, as well as during the serving of a prison sentence, shall be guaranteed.
- The use of force against a suspect who has been detained or whose freedom has been restricted, as well as any forcible extraction of confessions or statements, shall be prohibited and punishable.
- No one may be subjected to torture, or to degrading treatment or punishment.
- Medical and other scientific experimentation may not be carried out on an individual without his consent.
Article 26
- Every person shall be entitled to equal protection of his rights in a legally prescribed procedure.
- Everyone shall be guaranteed the right of appeal or resort to other legal remedies against a decision which infringes a right or legally founded interest.
Article 27
- No one may be punished for an act which did not constitute a penal offense under law or by-law at the time it was committed, nor may punishment be inflicted which was not envisaged for the offense in question.
- Criminal offenses and criminal sanctions shall be determined by statute.
- Everyone charged with a criminal offense shall have the right to be presumed innocent until proved guilty under a valid decision of the court.
- A wrongfully convicted or wrongfully detained person shall be entitled to rehabilitation and to compensation for damages from the state, and to other rights as envisaged by federal law.
Article 28
No one may be tried or punished a second time for an offense for which the proceedings against him had been legally suspended or the charges rejected or for which he had been convicted or acquitted by a court decision.
Article 29
- Every person shall be guaranteed the right to defend himself and the right to engage a defense counsel before the court of other body authorized to conduct proceedings.
- No one being tried before a court or other body authorized to conduct proceedings may be punished without being granted a hearing and allowed to defend himself, in accordance with federal statute.
- Every person shall be entitled to have a defense counsel of his choice present at his hearing.
- The cases when a suspect must be given legal assistance shall be spelled out by federal law.
Article 30
- Citizen shall be guaranteed freedom of movement and residence and the right to leave and return to the Federal Republic of Yugoslavia.
- The freedom of movement and residence and the right to leave the Federal Republic of Yugoslavia may be restricted by federal statute, if so required for criminal proceedings, to prevent the spread of contagious diseases, or for the defense of the Federal Republic of Yugoslavia.
Article 31
- The home shall be inviolable.
- Federal statute may prescribe that a person acting in an official capacity. and possessed of a court warrant, may enter a dwelling or other premises against the will of their tenants and carry out a search.
- The search must be held in the presence of two witnesses.
- In the manner laid down by federal law, an authorized official may enter a dwelling or other premises without a court warrant and carry out a search without the presence of witnesses if so required to apprehend the perpetrator of a criminal offense or to save human lives and property.
Article 32
1. Privacy of the mail and of other means of communication shall be inviolable.
2. Federal statute may prescribe that, under a court decision, the principle of inviolability of privacy of the mail and other means of communication may be put in abeyance if so required for the purposes of criminal proceedings, or for the defense of the Federal Republic of Yugoslavia.
Article 33
- Protection of the secrecy of personal data shall be guaranteed.
- The use of personal data for purposes other than those for which they were compiled shall be prohibited.
- Everyone shall have the right of access to personal data concerning himself as well as the right of court protection in the event of their abuse.
- The collection, processing, utilization and protection of personal data shall be regulated by federal statute.
Article 34
A Yugoslav citizen who has reached the age of 18 shall be entitled to vote and to be elected to public office.
Article 35
Freedom of confession, conscience, thought and public expression of opinion shall be guaranteed.
Article 36
- Freedom of the press and other forms of public information shall be guaranteed.
- Citizens shall have the right to express and publish their opinions in the mass media.
- The publication of newspapers and public dissemination of information by other media shall be accessible to all, without prior approval, after registration with the competent authorities.
- Radio and television stations shall be set up in accordance with the law.
Article 37
- The right to have published false information which violates someone's rights or interests corrected shall be guaranteed. Entitlement to compensation for damages arising therefrom, shall be guaranteed.
- The right of reply in the public media shall be guaranteed.
Article 38
- Censorship of the press and of other forms of public information shall be prohibited.
- No one may prevent the distribution of the press or dissemination of other publications, unless it has been determined by a court decision that they call for the violent overthrow of the constitutional order or violation of the territorial integrity of the Federal Republic of Yugoslavia, violate the guaranteed rights and liberties of man and the citizen, or foment national, racial or religious intolerance and hatred.
Article 39
Freedom of speech and public appearance shall be guaranteed.
Article 40
- Citizens shall be guaranteed the freedom of assembly and other peaceful gathering, without the requirement of a permit, subject to prior notification of the authorities.
- Freedom of assembly and other peaceful gathering of citizen may be provisionally restricted by a decision of the competent authorities, in order to obviate a threat to public health or morals or for the protection of the safety of human lives and property.
Article 41
- The freedom of political, trade-union and other association and activities shall be guaranteed, without the requirement of a permit, subject to registration with the competent authorities.
- Sources of revenue of political parties shall be open to public scrutiny.
- Trade unions shall be set up to protect the rights and promote the professional and economic interests of their members.
Article 42
- Activities of political, trade-union, and other organizations aimed at the violent overthrow of the constitutional order, violation of the territorial integrity of the Federal Republic of Yugoslavia, violation of the guaranteed rights and liberties of man and the citizen, or the incitement of national, racial, religious or other intolerance and hatred shall be prohibited.
- The founding of secret societies and paramilitary groups shall be prohibited.
- Professional members of the armed forces and police force of the Federal Republic of Yugoslavia may not organize in trade unions.
- Justices of the Federal Constitutional Court and the Federal Court, the Federal Public Prosecutor, professional members of the armed forces and police force of the Federal Republic of Yugoslavia may not belong to political parties.
Article 43
- Freedom of religion, public or private profession of religion, and performance of religious rites shall be guaranteed.
- No one shall be obliged to reveal his religious beliefs.
Article 44
- Citizens shall have the right publicly to criticize the work of government and other agencies and organizations and officials, to submit representations, petitions and proposals and to receive an answer if so requested.
- Citizens may not be called to account or bear any other consequences for opinions expressed in the course of public criticism or in a submitted representation, petition or proposal, unless they have thereby committed a criminal offense.
Article 45
- Freedom of the expression of national sentiments and culture and the use of one's mother tongue and script shall be guaranteed.
- No one shall be obliged to declare his nationality.
Article 46
- Members of national minorities shall have the right to education in their own language, in conformity with the law.
- Members of national minorities shall have the right to information media in their own language.
Article 47
Member of national minorities shall have the right to establish educational and cultural organizations or associations, in conformity with the law, which are financed on the principle of voluntary contributions, and may also receive assistance from the state.
Article 48
Members of national minorities shall be guaranteed the right to establish and foster unhindered relations with co-nationals within the Republic of Yugoslavia and outside its borders with co-nationals in other states, and to take part in international non-governmental organizations, provided these relations are not detrimental to the Federal Republic of Yugoslavia or to a member republic.
Article 49
Everyone shall be guaranteed the right to use his own language in proceedings before a tribunal or other authority or organization which in the performance of their public powers decide on his rights and duties and in the course of these proceedings to be informed of the facts in hi own language.
Article 50
Any incitement or encouragement of national, racial, religious or other inequality as well as the incitement and fomenting of national, racial, religious or other hatred and intolerance shall be unconstitutional and punishable.
Article 51
The right to own property and the right of inheritance shall be guaranteed, in conformity with the Constitution and law.
Article 52
- Man shall be entitled to a healthy environment and timely information about its condition.
- It is everyone's duty to protect the human environment and make use of it in a rational manner.
- The state shall be charged with maintaining a healthy human environment and to this end shall prescribe the conditions and manner of the performance of economic and other activities.
Article 53
- Freedom of creativity and publication of scholarly and artistic works, scientific discoveries and technical inventions shall be guaranteed, and their authors shall be guaranteed the intellectual property and material rights arising therefrom.
- The manner of exercising and protecting intellectual property rights and the rights of the organizations under whose sponsorship these works were produced shall be regulated by federal statute.
Article 54
- Free choice of occupation and employment shall be guaranteed.
- Employed persons may have their labor contracts terminated against their will, under conditions and in the manner stipulated by law and collective agreements.
- Forced labor shall be prohibited.
Article 55
- Employed persons shall be entitled to commensurate remuneration.
- The right to unemployment insurance benefits during temporary unemployment shall be guaranteed, in conformity with federal law.
Article 56
- Employed persons shall be entitled to limited working hours, to a daily and weekly rest period, and to paid holidays and leave of absence, in conformity with the law and/or collective agreement.
- Employees shall have the right to job safety protection, in accordance with the law.
- Young persons, women, and disabled persons shall have special protection on the job, in accordance with the law.
Article 57
- Employed persons shall have the right to strike in order to protect their professional and economic interests, in conformity with federal law.
- The right of industrial action may be restricted by federal statute if so required by the nature of the activity concerned or the public interest.
- Civil servants and professional members of the armed forces and police force shall not have the right to strike.
Article 58
- Under a compulsory insurance scheme, employed persons and their family members shall benefit from all types of social security in conformity with the law.
- The state shall provide social welfare for citizens unable to work and without a livelihood, as well as for citizens without the means of subsistence, in conformity with the law.
Article 59
Disabled persons shall be guaranteed special protection, in conformity with the law.
Article 60
- Everyone shall be entitled to health care, in accordance with the law.
- Children, expectant mothers and the elderly shall be entitled to publicly financed health care, if they are not covered by another insurance program, while other persons shall receive such care under the conditions stipulated by law.
Article 61
- The family, mothers and children shall enjoy special protection.
- Children born out of wedlock shall have the same rights and duties as children born in wedlock.
Article 62
- Education shall be accessible to all, under equal conditions.
- Primary education shall be free and compulsory, in conformity with the law.
Article 63
Defense of the Federal Republic of Yugoslavia shall be the right and duty of every citizen.
Article 64
Everyone shall be obliged to pay taxes and other levies as established by law.
Article 65
- Everyone shall be obliged to observe the Constitution and law and other regulations and general enactments.
- Everyone shall be obliged to perform public office in an honorable and responsible manner.
Article 66
- Aliens in the Federal Republic of Yugoslavia shall enjoy the freedoms and the rights and duties laid down in the Constitution, federal law, and international treaties.
- An alien may be extradited to another state only in cases provided for under international treaties which are binding on the Federal Republic of Yugoslavia.
- The right of asylum shall be guaranteed to foreign citizens and stateless persons who are being persecuted for their advocacy of democratic views of for participation in movements for social or national liberation, for the freedom and rights of the human personality, or for scientific or artistic freedom.
Article 67
- The rights and freedoms of man and the citizen shall be exercised and duties fulfilled in conformity with the Constitution.
- The manner in which various rights and freedoms of man and the citizen are to be exercised may be prescribed by law when so provided for by the Constitution or when necessary for their implementation.
- Abuse of the rights and freedoms of man and the citizen shall be unconstitutional and punishable.
- The rights and freedoms recognized and guaranteed by the present Constitution shall enjoy the protection of the courts.
Article 68
Citizens and artificial persons shall be provided with legal assistance by attorneys at law as an autonomous and independent activity, in conformity with the law. |
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