MACEDONIA
Republic of Macedonia
Republika Makedonija
(The former Yugoslav Republic of Macedonia)
Joined United Nations:  8 April 1993
Human Rights as assured by their constitution
Updated 06 January 2013
II. BASIC FREEDOMS AND RIGHTS OF THE INDIVIDUAL AND CITIZEN

1. Civil and political freedoms and rights

          Article 9
Citizens of the Republic of Macedonia are equal in their freedoms
and rights, regardless of sex, race, colour of skin, national and
social origin, political and religious beliefs, property and
social status.
All citizens are equal before the Constitution and law.


          Article 10
The human right to life is irrevocable.
The death penalty shall not be imposed on any grounds whatsoever
in the Republic of Macedonia.


          Article 11
The human right to physical and moral dignity is irrevocable.
Any form of torture, or inhuman or humiliating conduct or
punishment, is prohibited.
Forced labour is prohibited.


          Article 12
The human right to freedom is irrevocable.
No person's freedom can be restricted except by court decision or
in cases and procedures determined by law.
Persons summoned, apprehended or detained shall immediately be
informed of the reasons for the summons, apprehension or
detention and on their rights. They shall not be forced to make a
statement. A person has a right to an attorney in police and
court procedure.
Persons detained shall be brought before a court as soon as
possible, within a maximum period of 24 hours from the moment of
detention, and the legality of their detention shall there be
decided upon without delay.
Detention may last, by court decision, for a maximum of 90 days
from the day of detention.
Persons detained may, under the conditions determined by law, be
released from custody to conduct their defence.


          Article 13
A person indicted for an offence shall be considered innocent
until his/her guilt is established by a legally valid court verdict.
A person unlawfully detained, apprehended or convicted has a right
to legal redress and other rights determined by law.


          Article 14
No person may be punished for an offence which has not been
declared an offence punishable by law, or by other acts, prior to
its being committed, and for which no punishment has been prescribed.
No person may be tried in a court of law for an offence of which
he/she has already been tried and for which a legally valid court
verdict has already been brought.


          Article 15
The right to appeal against individual legal acts issued in a
first instance proceedings by a court, administrative body,
organisation or other institution carrying out public mandates is
guaranteed.


          Article 16
The freedom of personal conviction, conscience, thought and
public expression of thought is guaranteed.
The freedom of speech, public address, public information and the
establishment of institutions for public information is
guaranteed.
Free access to information and the freedom of reception and
transmission of information are guaranteed.
The right of reply via the mass media is guaranteed.
The right to a correction in the mass media is guaranteed.
The right to protect a source of information in the mass media is
guaranteed.
Censorship is prohibited.


          Article 17
The freedom and confidentiality of correspondence and other forms
of communication is guaranteed.
Only a court decision may authorise non-application of the
principle of the inviolability of the confidentiality of
correspondence and other forms of communication, in cases where
it is indispensable to a criminal investigation or required in
the interests of the defence of the Republic.


          Article 18
The security and confidentiality of personal information are
guaranteed.
Citizens are guaranteed protection from any violation of their
personal integrity deriving from the registration of personal
information through data processing.


          Article 19
The freedom of religious confession is guaranteed.
The right to express one's faith freely and publicly,
individually or with others is guaranteed.
The Macedonian Orthodox Church and other religious communities
and groups are free to establish schools and other social and
charitable institutions, by ways of a procedure regulated by law.


          Article 20
Citizens are guaranteed freedom of association to exercise and
protect their political, economic, social, cultural and other
rights and convictions.
Citizens may freely establish associations of citizens and
political parties, join them or resign from them.
The programmes and activities of political parties and other
associations of citizens may not be directed at the violent
destruction of the constitutional order of the Republic, or at
encouragement or incitement to military aggression or ethnic,
racial or religious hatred or intolerance.
Military or paramilitary associations which do not belong to the
Armed Forces of the Republic of Macedonia are prohibited.


          Article 21
Citizens have the right to assemble peacefully and to express
public protest without prior announcement or a special licence.
The exercise of this right may be restricted only during a state
of emergency or war.


          Article 22
Every citizen on reaching 18 years of age acquires the right to vote.
The right to vote is equal, universal and direct, and is exercised
at free elections by secret ballot.
Persons deprived of the right to practise their profession by a
court verdict do not have the right to vote.


          Article 23
Every citizen has the right to take part in the performance of
public office.


          Article 24
Every citizen has a right to petition state and other public
bodies, as well as to receive an answer.
A citizen cannot be called to account or suffer adverse
consequences for attitudes expressed in petitions, unless they
entail the committing of a criminal offence.


          Article 25
Each citizen is guaranteed the respect and protection of the
privacy of his/her personal and family life and his/her dignity
and repute.


          Article 26
The inviolability of the home is guaranteed.
The right to the inviolability of the home may be restricted only
by a court decision in cases of the detection or prevention of
criminal offences or the protection of people's health.


          Article 27
Every citizen of the Republic of Macedonia has the right of free
movement on the territory of the Republic and freely to choose
his/her place of residence.
Every citizen has the right to leave the territory of the
Republic and to return to the Republic.
The exercise of these rights may be restricted by law only in
cases where it is necessary for the protection of the security of
the Republic, criminal investigation or protection of people's
health.


          Article 28
The defence of the Republic of Macedonia is the right and duty of
every citizen.
The exercise of this right and duty of citizens is regulated by law.


          Article 29
Foreign subjects enjoy freedoms and rights guaranteed by the
Constitution in the Republic of Macedonia, under conditions
regulated by law and international agreements.
The Republic guarantees the right of asylum to foreign subjects
and stateless persons expelled because of democratic political
convictions and activities.
Extradition of a foreign subject can be carried out only on a
basis of a ratified international agreement and on the principle
of reciprocity. A foreign subject cannot be extradited for
political criminal offences. Acts of terrorism are not regarded
as political criminal offences.


2. Economic, social and cultural rights.

          Article 30
The right to ownership of property and the right of inheritance
are guaranteed.
Ownership of property creates rights and duties and should serve
the wellbeing of both the individual and the community.
No person may be deprived of his/her property or of the rights
deriving from it, except in cases concerning the public interest
determined by law.
If property is expropriated or restricted, rightful compensation
not lower than its market value is guaranteed.


          Article 31
Foreign subjects in the Republic of Macedonia may acquire the
right of ownership of property under conditions determined by
law.


          Article 32
Everyone has the right to work, to free choice of employment,
protection at work and material assistance during temporary
unemployment.
Every job is open to all under equal conditions.
Every employee has a right to appropriate remuneration.
Every employee has the right to paid daily, weekly and annual
leave. Employees cannot waive this right.
The exercise of the rights of employees and their positions are
regulated by law and collective agreements.


          Article 33
Everyone is obliged to pay tax and other public contributions, as
well as to share in the discharge of public expenditure in a
manner determined by law.


          Article 34
Citizens have a right to social security and social insurance,
determined by law and collective agreement.


          Article 35
The Republic provides for the social protection and social
security of citizens in accordance with the principle of social
justice.
The Republic guarantees the right of assistance to citizens who
are infirm or unfit for work.
The Republic provides particular protection for invalid persons,
as well as conditions for their involvement in the life of the
society.


          Article 36
The Republic guarantees particular social security rights to
veterans of the Anti-Fascist War and of all Macedonian national
liberation wars, to war invalids to, to those expelled and
imprisoned for the ideas of the separate identity of the
Macedonian people and of Macedonian statehood, as well as to
members of their families without means of material and social
subsistence.
The particular rights are regulated by law.


          Article 37
In order to exercise their economic and social rights, citizens
have the right to establish trade unions. Trade unions can
constitute confederations and become members of international
trade union organisations.
The law may restrict the conditions for the exercise of the right
to trade union organisation in the armed forces, the police and
administrative bodies.


          Article 38
The right to strike is guaranteed.
The law may restrict the conditions for the exercise of the right
to strike in the armed forces, the police and administrative
bodies.


          Article 39
Every citizen is guaranteed the right to health care.
Citizens have the right and duty to protect and promote their own
health and the health of others.


          Article 40
The Republic provides particular care and protection for the family.
The legal relations in marriage, the family and cohabitation are
regulated by law.
Parents have the right and duty to provide for the nurturing and
education of their children. Children are responsible for the
care of their old and inform parents.
The Republic provides particular protection for parentless
children and children without parental care.


          Article 41
It is a human right freely to decide on the procreation of
children.
The Republic conducts a humane population policy in order to
provide balanced economic and social development.


          Article 42
The Republic particularly protects mothers, children and minors.
A person under 15 years of age cannot be employed.
Minors and mothers have the right to particular protection at work.
Minors may not be employed in work which is detrimental to their
health or morality.


          Article 43
Everyone has the right to a healthy environment to live in.
Everyone is obliged to promote and protect the environment.
The Republic provides conditions for the exercise of the right of
citizens to a healthy environment.


          Article 44
Everyone has a right to education.
Education is accessible to everyone under equal conditions.
Primary education is compulsory and free.


          Article 45
Citizens have a right to establish private schools at all levels of
education, with the exception of primary education, under conditions
determined by law.


          Article 46
The autonomy of universities is guaranteed.
The conditions of establishment, performance and termination of the
activities of a university are regulated by law.


          Article 47
The freedom of scholarly, artistic and other forms of creative work
is guaranteed.
Rights deriving from scholarly, artistic or other intellectual
creative work are guaranteed.
The Republic stimulates, assists and protects the development of
scholarship, the arts and culture.
The Republic stimulates and assists scientific and technological
development.
The Republic stimulates and assists technical education and sport.


          Article 48
Members of nationalities have a right freely to express, foster and
develop their identity and national attributes.
The Republic guarantees the protection of the ethnic, cultural,
linguistic and religious identity of the nationalities.
Members of the nationalities have the right to establish institutions
for culture and art, as well as scholarly and other associations for
the expression, fostering and development of their identity.
Members of the nationalities have the right to instruction in their
language in primary and secondary education, as determined by law. In
schools where education is carried out in the language of a
nationality, the Macedonian language is also studied.


          Article 49
The Republic cares for the status and rights of those persons
belonging to the Macedonian people in neighbouring countries, as well
as Macedonian expatriates, assists their cultural development and
promotes links with them.
The Republic cares for the cultural, economic and social rights of
the citizens of the Republic abroad.


3. Guarantees of basic freedoms and rights

          Article 50
Every citizen may invoke the protection of freedoms and rights
determined by the Constitution before the regular courts, as well as
before the Constitutional Court of Macedonia, through a procedure
based upon the principles of priority and urgency.
Judicial protection of the legality of individual acts of state
administration, as well as of other institutions carrying out public
mandates, is guaranteed.
A citizen has the right to be informed on human rights and basic
freedoms as well as actively to contribute, individually of jointly
with others, to their promotion and protection.


          Article 51
In the Republic of Macedonia laws shall be in accordance with the
Constitution and all other regulations in accordance with the
Constitution and law.
Everyone is obliged to respect the Constitution and the laws.


          Article 52
Laws and other regulations are published before they come into force.
Laws and other regulations are published in 'The Official Gazette of
the Republic of Macedonia' at most seven days after the day of their
adoption.
Laws come into force on the eighth day after the day of their
republication at the earliest, or on the day of publication in
exceptional cases determined by the Assembly.
Laws and other regulations may not have a retroactive effect, except
in cases when this is more favourable for the citizens.


          Article 53
Attorneyship is an autonomous and independent public service,
providing a legal assistance and carrying out public mandates in
accordance with the law.


          Article 54
The freedoms and rights of the individual and citizen can be
restricted only in cases determined by the Constitution.
The freedoms and rights of the individual and citizen can be
restricted during states of war or emergency, in accordance with the
provisions of the Constitution.
The restriction of freedoms and rights cannot discriminate on grounds
of sex, race, colour of skin, language, religion, national or social
origin, property or social status.
The restriction of freedoms and rights cannot be applied to the
right to life, the interdiction of torture, inhuman and humiliating
conduct and punishment, the legal determination of punishable
offences and sentences, as well as to the freedom of personal
conviction, conscience, thought and religious confession.
The Socialist Federal Republic of Yugoslavia was an original Member of the United Nations, the Charter
having been signed on its behalf on 26 June 1945 and ratified 19 October 1945, until its dissolution
following the establishment and subsequent admission as new members of Bosnia and Herzegovina, the
Republic of Croatia, the Republic of Slovenia, The former Yugoslav Republic of Macedonia, and the
Federal Republic of Yugoslavia. On 6 January 1992, the Assembly of the Republic of Macedonia ratified
the Constitution of the Republic of Macedonia including two amendments to the original text. By
resolution A/RES/47/225 of 8 April 1993, the General Assembly decided to admit as a Member of the
United Nations the State being provisionally referred to for all purposes within the United Nations as
"The former Yugoslav Republic of Macedonia" pending settlement of the difference that had arisen over
its name. Following are those articles specifically pertaining to Human Rights. For a full English
translation of Macedonia's constitution, click here.
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