The adoption of a new Constitution for Serbia, which would remove all these serious shortcomings, is unlikely in the near future. Accordingly, in the interest of the democratic society in Serbia everything must be done to maintain the Charter on Human and Minority Rights in force, to secure the direct applicability of international treaties (on which the 1990 Constitution is also silent) and to preserve the judicial protection of human rights in the highest instance, which will be jeopardised by the demise of the Court of Serbia and Montenegro.
The introduction of the Charter in the legal system of Serbia will not only benefit its citizens but also the State itself. Namely, the absence of the legal guarantees contained in the Charter will contribute to the increase of the number of petitions against Serbia to the European Court of Human Rights and similar international bodies and can result in it being held responsible for violations of international human rights law and consequently liable for damages.
Serbia has had its sad experiences with dictatorships and the long-lasting damage that they have caused. One of the means of thwarting and limiting authoritarian and unreasonable governments is the existence of strong, secure guarantees of human rights. The Belgrade Centre therefore voices its serious concern over the emerging legal gap in the protection of human rights in Serbia and calls on all actors in the society to join this appeal.
