The Universal Protection of Human Rights and Eastern Europe: Republic of North Macedonia

Abstract

Macedonia, with its legal system of human rights and freedoms as well as its relevant protection regime, belongs to the category of States where continental law is applied and where the primary sources of law are the Constitution, the national laws and the international agreements concluded and ratified in accordance with the legislation. Article 9 of the Macedonian Constitution states that citizens 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. This is very important for Macedonian society which consists of different national minorities and is compatible with the libertarian and democratic spirit of its constitutional system. In the Macedonian constitutional system, human rights and freedoms are not regulated and granted, but are confirmed and guaranteed by the Constitution. They are not brought into the constitutional system from the outside by a subjective act of State power, but they are integrated into the system as an expression of the quality and dynamics of societal relations. The Macedonian State is a member of the United Nations and of the Council of Europe and has ratified numerous international agreements and has committed itself through the Constitution to conform to the principles enshrined in these agreements. Respect for the generally accepted norms of international law is stated as one of the fundamental principles of the Macedonian constitutional order (Article 8) and the international agreements that are ratified in conformity with the Constitution are an integral part of the internal legal order and cannot be changed by law (Article 118). In addition to the brief historical review in the development of human rights and freedoms, this chapter will continue with the analysis of the relationship between Macedonia and the UN from a human rights perspective, what UN human rights conventions is Macedonia a State Party, the national implementation of the following UN conventions: the Convention relating to the Status of Refugees, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of Persons with Disabilities. This chapter will focus on the human rights protection obligations deriving from the above-mentioned UN Conventions and on how are they reflected in the Macedonian Constitution and major legal acts of the country.