Legislation

Respect for human rights and fundamental freedoms is a basic condition for the well-functioning of every pore in society. The protection of these rights is the obligation of every state and every individual. In addition to human rights being protected by state acts, they are also protected by numerous international acts, and most of which are directly applied in Kosovo.

Kosovo Contitution

It is the highest legal act in the country which in chapters II and III lists some of the basic rights of each person. In addition to the Constitution, fundamental rights and freedoms are provided for by laws and sub-legal acts in Kosovo and all laws must be in accordance with the Constitution.The Constitution of Kosovo also stipulates that human rights and freedoms guaranteed by international agreements and instruments apply directly in Kosovo and have precedence over provisions and laws and other acts of public institutions, and they are:

Universal Declaration of Human Rights

This Declaration was adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris.

The European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols

This is a document issued by the Council of Europe which entered into force on 3 September 1953.

International Convention on Civil and Political Rights and its Protocols

The document was issued by the United Nations General Assembly on 16 December 1966 and entered into force on 26 March 1976.

Framework Convention for the Protection of National Minorities

The document was issued by the United Nations General Assembly on 16 December 1966 and entered into force on 26 March 1976.

International Convention on the Elimination of All Forms of Racial Discrimination

It is a United Nations Convention that entered into force on January 4, 1969 in New York.

Convention on the Elimination of All Forms of Discrimination against Women

It is an international treaty by the United Nations General Assembly signed on 18 December 1979.

Convention on the Rights of the Child

It is a United Nations convention signed on 20 November 1989 and entered into force on 2 September 1990.

Convention against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment

The Convention was signed in New York and entered into force on June 26, 1987.

Universal Declaration of Human Rights

This Declaration was adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris.

The European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols

This is a document issued by the Council of Europe which entered into force on 3 September 1953.

International Convention on Civil and Political Rights and its Protocols

The document was issued by the United Nations General Assembly on 16 December 1966 and entered into force on 26 March 1976.

Framework Convention for the Protection of National Minorities

The document was issued by the United Nations General Assembly on 16 December 1966 and entered into force on 26 March 1976.

International Convention on the Elimination of All Forms of Racial Discrimination

It is a United Nations Convention that entered into force on January 4, 1969 in New York.

Convention on the Elimination of All Forms of Discrimination against Women

It is an international treaty by the United Nations General Assembly signed on 18 December 1979.

Convention on the Rights of the Child

It is a United Nations convention signed on 20 November 1989 and entered into force on 2 September 1990.

Convention against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment

The Convention was signed in New York and entered into force on June 26, 1987.

Human Rights

The right to Dignity is an inevitable right and as such is the basis for other rights. Dignity essentially means that everyone has the right to be respected for their own values and personality, and this right cannot be avoided in any way. This means that the right to dignity must be preserved even during arrest or even during the retention of the sentence.
Example: You have feet pain and go seek help at the family medicine center in your village. There doctors leave you waiting in a lot of pain and after about two hours they take you for treatment by shouting and saying humiliating words to you. In this case, you have your right to dignity violated. You should be directed to the nearest police station or report the case on 192. As evidence to prove what you claim, it could be cameras or any witnesses to the case.

Equality before the law means that everyone enjoys the equal right to legal protection and before the law every person is the same without any discrimination on the basis of race, color, gender, language, religion, political or other opinions, national or social background, connection to any community, property, economic, social situation, sexual orientation, birth, disability or any other personal status.
Discrimination means any form of restriction, exclusion, distinction or rejection of equal rights.
Example: You are a Kosovo citizen of the Serbian community. You have been denied the right to attend a court hearing because you do not understand the language in which the proceedings are being conducted. As a result, you have been discriminated against on the basis of language and based on the law your right of equality has been violated. If the Basic Court issues a decision, then you have the right to appeal to the Court of Appeal.

The right to life is an absolute human right and no other right would be of value if the right to life were to be violated. In the Republic of Kosovo we say that the right to life is absolute because the death penalty is prohibited, no one has the right to take another’s life.This right is protected even in cases of emergency and cannot be limited, as is the case with freedom of movement.
Example: You and your friend were arguing about an old problem and suddenly the debate between you escalated. Your friend starts insulting you and meanwhile pulls his gun out of his belt and shoots you. You fall to the ground with no sign of life.A random passerby calls the police and within minutes your friend is arrested by the police. Evidence of your murder are fingerprints on the gun, security cameras as well as the testimony of the random passersby. In this case you are denied the right to life.

The right to personal integrity in itself includes the right to make a decision on reproduction, the right to have control over one’s own body, the right not to undergo medical treatment against one’s will, the right not to participate in medical or scientific experiments without his will.Therefore, every person has the right to have their physical and psychological integrity respected.
Example: If a person commits sexual assault against you, he/she, in addition to committing a criminal offence in this case, they also violate your personal integrity.

Torture means any act or no action by which another person is intentionally inflicted severe pain or suffering, physical or mental, in order to obtain from him or her or any third person any information, to plead guilty to any offence or even coerce him or her to do something. In case any statement is taken under the use of torture, it is not valid and cannot be taken as evidence. Torture is prohibited and the state ensures that the offenders are brought to justice.Torture is prohibited and the state ensures that the offenders are brought to justice.
Example:You are accused of murdering your friend. The police escorted you to the police station told you to admit that you committed the murder. Since you didn’t want to admit such a thing, the police locked you in a dark, cold room, proceeding to not give you anything to eat or drink for 24 hours.By not being able to cope with this suffering, you admit that you committed murder without really wanting to accept such a thing. In this case, you have been tortured by police officers and have the right to complain to the Police Inspectorate about the conduct of the police officers.

No one may be held in slavery or in a similar position, no one may be forced to do work against his/her will, but this is not applicable in case of a state of emergency or if otherwise prescribed by law. For example, if a person is imposed a conditional sentence by order to the general benefit of the court, that person is obliged to perform that work as prescribed by law. Any type of human trafficking is prohibited.The Criminal Code of Kosovo also defines trafficking in human beings as a criminal offense with Article 165 and provides for high punishments with a fine and imprisonment, depending on the manners of conduct and consequences.The Criminal Code defines trafficking in human beings as: recruitment, transport, transfer, shelter or acceptance of persons by intruding or use of force or other forms of coercion, kidnapping, fraud, evasion, misuse of power or misuse of a sensitive post or by the award or receipt of payments or benefits to achieve the consent of the person having control over another person, for the purpose of exploitation.
Example: You, being engaged as a legal officer in the Ministry of Justice, are also assigned to exercise the function of the procurement officer, although you have no contract assignment and you are not qualified to perform it. You were not satisfied and you didn’t agree with this decision, but you were forced to accept the same because you were threatened that if you did not fulfill those obligations then you would be fired. Here we are dealing with forced labor.

The right to freedom and security is guaranteed and means that no one can be denied freedom, except in some cases, for example when the person is serving a sentence of imprisonment or while in custody, if the person is under health supervision due to illness and poses a danger to society etc.If a person is deprived of liberty, he has some important rights such as: To be notified of the reason for his arrest in a language he/she understands; the right to bring that person before the court without delay; Notify or notify the family member or other relevant person of his or her choice; – to appeal to the court because of deprivation of liberty; Everyone deprived of their liberty should be informed immediately that they have the right to not give any declaration and that they have the right to an attorney of their choice etc. Anyone who unlawfully imprisons the other person, keeps them locked up or in any other way deprives him of his liberty, is punished by a fine or with imprisonment.
Example:You have had a long-standing conflict with your husband. At first, your husband would berate you for everything you did. The situation continued to deteriorate until one day your husband stopped you from leaving the house. So you stayed in the house locked up for more than a week until authorities got a complaint from a neighbor. Your husband was arrested and received the merit punishment. In this case, you have the right to freedom.

Persons charged with any criminal offense have their rights which must be respected by the competent authorities. Initially, if a person is charged with any offense it does not mean that he is guilty and no one is considered guilty until proven so.The rights of the accused under the Constitution: 1. The right to be informed immediately in the language that he understands, of the nature and cause of the charge against him/her; 2. The right to be notified of his/her rights under the law; 3. The right to have sufficient time, opportunity and means to prepare its defense; 4. The right to have the free assistance of an interpreter when he does not speak or understand the language in which the court hearing is conducted; 5. The right to have the help of an attorney of his choice, to communicate freely with him and if he does not have sufficient means, to be provided with free legal aid. The accused person has the right to consult the defense lawyer separately and he has the right not to give any statement without consultation with his/her defender. 6. The right not to be forced to testify against oneself or to admit one’s guilt.
Example: You are charged with aggravated theft. Once you receive the subpoena and go to court you are not informed of any rights you have, even the judge does not allow the lawyer to represent you by excluding him from the hearing. In this case, you have been violated the rights of the accused such as the right to information and the right to have a lawyer. Once you have received the decision of the Basic Court, you have the right to appeal to the Court of Appeal.

Each person is guaranteed equal rights in the proceedings before state institutions and everyone has the right to have his/her case examined in a public, impartial and fair manner.Court hearings are usually public unless otherwise determined by law. Juvenile trials are closed. Those who do not have sufficient financial means are entitled to free legal aid. The institution that provides free legal aid in Kosovo is the Agency for Free Legal Aid. Example: You sued your friend Alma for a dispute you had. During the court hearing, the judge kept favoring Alma because she was the daughter of a well-known minister, even though you had enough evidence against her. After you receive the decision from the court, you realize that the decision was against you and all this was done only because the judge of the case had favored the minister’s daughter. In this case, your right to a fair and impartial trial was violated because the judge was biased in favor of Alma.

Any person who has received a decision by any court or administrative body has the right to use legal remedies against that decision.This means that the person may appeal to a higher authority than the one who has issued the decision, if they’re not satisfied with that decision or if they feels that a right has been violated with that decision.
Example: You take a decision from the School Directorate where you work in which it is written that your employment contract has been terminated. You disagree with this decision of the director and want to complain to a higher degree. The Directorate of Education in the Municipality of Prishtina does not accept your complaint and does not give any explanation about this. In this case, you have been violated in the right to remedies, more specifically the right to appeal at a higher level.

If a person for a criminal offense has been tried once on a final verdict, that person cannot be tried for the same offense again; The case is considered to be judged if we have a final decision and cannot be reopened.
Example: After you had held the sentence for two years in a row, you were released from prison and started a quiet life with your family. Five months later, you will have a subpoenaed to appear in court again. You were again charged with the same offense for which you had already completed the sentence. In this case, you have been violated the right not to be tried twice for the same offense.

Freedom of movement means that every person who is legally in a state has the right to move freely within that State, choose where to reside or leave that State and return to his own country. In order to move freely, people must have adequate travel documents, for e.g. visa, residence permit, etc.
Example: You were visiting your relatives in Germany and returning to Kosovo by bus, you are stopped at the border and despite having all the necessary documents with you, the police do not allow you to cross the border and return to your country. In this case, you have been violated your freedom of movement.

The right to privacy means that everyone has the right to have their private and family life respected. No one has the right to enter another’s apartment and to invade the privacy of the other unless there is an order from the court for the search of the apartment. Also, the right to privacy means the protection of personal data of each person, telephone privacy, exchange of letters and correspondence.
Example: You want to change the name and gender marker on identification documents. You were originally assigned male biological sex after birth, but after hormone therapy you were willing to take, you became the first transgender person in the village where you lived.You have made a request to change your name and gender marker in the Civil Status Office, but this is refused despite the fact that you provide all the required documents by law for such a thing. In this case, you have been discriminated against on the basis of gender identity and your right to privacy has been violated.

Every person who has reached the required age has the right to enter into marriage and to establish a family based on his/her consent. In Kosovo, the out of wedlock is the same as marriage in terms of rights and obligations, for example in regards to care, mutual financial assistance, etc. In Kosovo, it is forbidden to marry a person to another person if any of these persons have any other existing marriage. (Polygamy is prohibited).
For example, you’ve just turned 25 and were planning to marry the man you loved, move into a small house and live a quiet life with him. After you went to the municipality to bind the marriage, you are denied such a thing by the municipal official and you are not given any explanation for this. In this case, you are denied the right to marriage.

The right to faith and religion implies that each person can choose his or her own religion and change it, preach religion alone or in a communion of people through prayers, customs or various ceremonies and decide what they want to believe.Everyone has the right to express his/her religious, atheistic beliefs or not to declare his/her report to religion at all. The Republic of Kosovo is a secular state which means neutral in the matter of religious belief.
Example: Being a preacher of Islam, during the break at the work you are engaged in, go to the mosque and perform your religious obligations. One day, you receive a decision from your boss that says you’ve been fired for preaching your religion during the break. In this case you have been violated your right to faith and religion.

Everyone has the right to express his opinion without hindrance, to spread his ideas and views, as well as the right to seek and receive information. For example, everyone has the right throughout speaking, writing, art, press media or any other way to present what they think or get the information they need. Freedom of expression is not unlimited.
Example: You, as a journalist of the newspaper “Ora” write an article about the life and work of a politician. An hour after the article is published, you receive a call from the politician asking for the speech to be deleted because it contains hate speech. But you don’t remove the article thinking that if you are forced to delete it, you will be violated freedom of expression and on the basis of it you think you have the right to write everything without any restrictions.Two days later the politician labeled in the article sues you for hate speech and the court rules in his favor, giving the reason that freedom of expression has its legal limitations and forbids hate speech in a conscious manner.

Each person has the right to access public documents and this means that every citizen with a simple written, oral or electronic request has the right to access those documents. The person may view the original document or even accept the copy of that document. Citizens cannot access documents containing any classified information or any privacy that should not be disclosed under the rules.
Example: You, during your master studies, having as a graduate topic ,,Fines imposed by the Kosovo Police during 2018′, direct a request to the Kosovo Police institution, to have access to public documents in order to provide the necessary data for the work of the diploma theme. The Kosovo Police does not allow you access to official documents even though you have the right to have access to these documents and your request to have access to these documents was regular. In such a case, your right to access public documents has been violated.

Everyone has the right to establish public information tools such as newspapers, magazines, radio, etc. The dissemination of ideas and information to the media is guaranteed and no one can stop it, except in some cases, such as for preventing the incitement and provocation of violence or hostility on the basis of racial, national, ethnic or religious hatred. There is also the right to rectification or improve information that has been published if it violates the interest of the publisher.
Example: You, as director of the Newspaper “ORA”, one day you receive a decision from the competent authorities that writes that you should stop the functioning of the Newspaper because there are a large number of such newspapers. This newspaper has been operating for a long time with no comment on the work. In this case, you have been violated the freedom of the media.

Freedom of Assembly means that citizens have the right to gather without weapons and quietly, to hold meetings, protests, demonstrations, other shows or gatherings and through them to express opinion, criticize someone, to express their artistic creativity, to express their political opinions, etc. Rallies can be held in open or closed spaces and for organizing a rally must notify the police 72 hours in advance.
Example: You and some other citizens, being unhappy with some government decisions, decide to organize a peaceful protest. The protest was expected to start at 12:00 and around 11:30 the protesters started to gather while being very quiet.Although the police were notified in advance, as they witnessed as protesters started gathering they began using tear gas at them, in order to cancel the protest.In this case, the right of the assembly was violated.

Freedom of Association means that every person has the right to establish an organization, trade union, religious association or other association or other organization, for the purpose of protecting his or her interests or for any other purpose.We should bear in mind that if an organization is established with the intention of violating human rights, violating the constitutional order, inciting religious, ethnic hatred or any kind of hatred, the court may, within a decision, prohibit such organization.
Example: You and your friends were environmental activists for a long time, one day you decide to open a non-governmental organization in order to contribute even more to the cause. For this, you apply before the competent body, but the competent body refuses your application on the grounds that there are large numbers of organizations with the same scope. In this case, you have been violated your freedom of association.

Electoral rights mean that every individual, a citizen of the Republic of Kosovo who has turned 18 years old, has the right to elect and be elected. Free elections are organized in every democratic state and in these elections citizens have the right to vote for certain persons who wish to represent them, as well as have the right to run and be the elected citizens.The vote is personal and no one can vote for the other. It is free and no one can deny anyone the vote. It is secret and equal. State institutions support the ability for citizens to participate in public activities and for citizens themselves to influence democratically in the decisions of state organs.
Example: You, at the age of 20, being the time of the parliamentary elections, decide to run for deputy, but without any political party joining you. The competent authorities do not allow you to run, arguing that you should only run while being part of any political party. In such a case, your right to be elected has been violated.

Protection of property means that everyone has the right to possess and acquire property and that property is protected from other persons who wish to acquire it in a violent and non-legal manner. Exprocation of private property is permitted in the “general interest” but is always done with compensation. Also in Kosovo, the laws protect intellectual property that includes: literary, artistic and scientific works, interpretations of executing artists, phonograms and broadcasts, inventions, scientific discoveries, trademarks, etc.
Example:You just bought a new car with savings of a few years. One day while parking your car in the city parking lot, an unknown person hits the window glass and after breaking it, he grabs you a laptop and valuables that were in the car.As soon as you notice what happened, call the police and report the case. Police come to the scene, take your fingerprints and all the other evidence. In such a case, your right of property protection has been violated.

In Kosovo, everyone has the right to basic education free of charge. Primary and secondary education in Kosovo is free of charge, while for ages from 6 to 15 years education is mandatory.
For example, even though your sister is at the required age to start school, her parents don’t send her to school. The facility where your sister must go to for the first grade does not allow physical access as there are no lauras (slopes) and since she has problems with her feet, she can only move with a wheelchair.In such a case your sister is denied the right to education because of the impossibility of physical access to school.

The freedom of art and science means that everyone is free to participate in cultural life, to enjoy art and to participate in scientific progress and in the benefits that arise from it, and everyone has the right to defend material interests derived from works of art and science.
Example: You as a master’s student have defended your diploma theme before the commission with a very high rating. But since the topic you have prepared was about preventive measures for the use of narcotics, the Government of Kosovo used the same work as part of the strategy for narcotics prevention.But the Government of Kosovo did not ask you at all if it could use your work and neither was the work quoted nor any references made. Here we can see copyright violations that are also incorporated in Article 48 Free of Art and Science of the Constitution of the Republic of Kosovo.

The Constitution guarantees the right to work, giving everyone freedom to choose their profession and place of work. The right to work does not mean that every person has the right to be provided employment, but the possibility for everyone to provide means of subsistence with the work which has been freely chosen and accepted.The right to work is foreseen only as a right, not as a duty. This means that a certain person, if he sees fit, may not work at all even though he is likely to work. Forced and violent work is prohibited.
Example: You, as a graduate lawyer, have met all the criteria for practising the profession of lawyer, as a free profession. However, the competent organ does not give permission to exercise such function, arguing that there are large numbers of lawyers. In such a case, your the right to work and exercise the profession has been violated.

The Constitution guarantees and protects the rights of the child by establishing that: children enjoy the right to protection and care necessary for their well-being, children born outside marriage are fully equal in terms of their rights to those born in marriage.Children have the right to protection from violence and mistreatment, and all actions taken by public and private institutions dealing with children must be in their best interest. Children are entitled to regular personal reports and direct contact with their parents and this is prohibited only in the best interests of the child.
Example: Your brother is a very quiet child in everyday life, but one day being in kindergarten for a moment he does not obey the instructions of the teacher/guardian. The guardian, seeing that your brother is not obeying his orders, starts and uses violence on him even by hitting him. In this case, there is a violation to the rights of the child.

Each individual enjoys the right to protection of physical and mental health. While social protection means health insurance rights and other rights in case of illness,rights in case of pregnancy, birth, reduction or loss of job, unemployment and old age, while for family members, the right to health protection, the right to family pension and other rights based on social security. Special protection is offered to the disabled, war veterans and war victims.
Example:You are an economist and work for the Bank of Money in Prishtina. You are pregnant and are expecting your first child. After some health complications, your doctor recommends that you take time off work and lie in the hospital because your baby is at risk.After you send the doctor’s confirmation to your employer, he refuses to approve the doctor’s recommended leave and orders you to return to work. In this case you are denied health and social protection.

Everyone has the right to seek protection if any rights have been violated. Rights can be protected through judicial means and everyone has the right to an impartial and law-based trial.
Example: You have signed a contract with your friend Andy for the purchase of a car. Since you have given him the amount of money for the purchase of the car, Andy does not fulfill his obligation, so he does not hand over the car. For this reason, you are in court proceedings.If the Basic Court does not take into account your lawsuit, and neither does The Appeal Court and the Supreme Court, then in such a case, we are dealing with human rights violations because you are being denied the right to judicial protection guaranteed by the Constitution. In such a case, you can refer the case and seek protection to the Constitutional Court, in accordance with the provisions of the Constitution of Kosovo.

Initially, war or any other public danger that threatens the survival of the nation is considered a state of emergency. In such cases, there may be a deviation from the fundamental rights and freedoms guaranteed by the Constitution, but only to the extent necessary under certain circumstances. Some rights are guaranteed and cannot be violated even in a state of emergency, some of them are the right to life, the right to dignity, the prohibition of slavery and Slavery etc.

Kosovo as a multiethnic state guarantees the rights of all communities.Members of the communities shall be guaranteed by the Constitution the rights to: expression, preservation, cultivation and enshrinement of national, ethnic, cultural and religious particularities, the right to use their symbols in public places, the right to use their own language and writing, the right to education in their own language, the right to form private educational institutions, the right to use their own language and surname, that in environments where they constitute significant populations, traditional local designations, street names,the topographic signs and settlements shall be written in their own language, the right to full and impartial information in their own language, including the right to expression, receipt, send and exchange of information and ideas, the right to establish personal means of public information, in accordance with the law. These rights are presented as individual and collective rights (as communities).The collective rights of minorities mean that communities, either directly or through representation by their elected representatives, to participate in decision-making or to decide on certain issues related to education, culture, information and official use of their language and writing.
Example: Members of the Roma community in Kosovo want to publish a daily newspaper in Roma language. When made aware of the fact, the competent body forbids this on the grounds that the Roma language is not an official language in Kosovo and that they are not entitled to such a thing because they do not constitute the majority population in Kosovo. In this case discrimination was made on the basis of ethnicity and the Roma community were violated on the right to use their language and writing, as well as the right to be fully informed in their language.

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YIHR KS do të kërkojë llogari nga institucionet përkatëse dhe do t’i mbajë nën vëzhgim për veprimet ose mos-veprimet sa i përket pyetjeve/rasteve të raportuara. Megjithatë, YIHR KS nuk mbanë përgjegjësi për mos-reagimin e intitucioneve të drejtësisë pas adresimit të raportimeve/pyetjeve.