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Македонско здружение на млади правници
Keep conected

Access to Justice

Human rights are fundamental rights and freedoms that belong to every person in the world, equally, from birth to death. They are guaranteed, no matter where a person comes from, what they believe in or how they choose to live their life. They can never be taken away, and are based on common values ​​such as dignity, impartiality, fairness, equality, respect and independence.

 

These rights are guaranteed by numerous national and international instruments. Fundamental rights and freedoms, as well as the rule of law are fundamental values ​​of the constitutional order of the Republic of Macedonia. As the highest legal act of the state, the Constitution defines a list of freedoms and rights, and with the ratified international agreements as part of the internal legal order, the possibility is given for the inclusion of additional freedoms and rights that are not provided in the Constitution.

The protection of freedoms and rights is realized through the guarantees of fundamental freedoms and rights. The basic guarantee provided by the Constitution is the possibility for protection before the courts and the Constitutional Court of the Republic of Macedonia in a procedure based on the principles of priority and urgency. Other guarantees for the protection of human rights provided by the Constitution include judicial protection of the legality of individual acts and active familiarization of citizens with them. In addition to these guarantees, protection is achieved through respect for the principle of the rule of law (constitutionality, legality, public disclosure of laws, vacatio legis period, prohibition of retroactive effect of regulations, as well as independent and independent advocacy). Restriction of freedoms and rights is allowed only in cases determined by the Constitution or during martial law and state of emergency, but in this case only in a manner determined by the Constitution.

 

In addition to protection before the courts, the Constitution establishes the Ombudsman of the Republic of Macedonia as a special body that protects the constitutional and legal rights of citizens when they are violated by state administration bodies and other bodies and organizations that have public powers. Pursuant to Chapter 2 of the Constitution of the Republic of Macedonia, a Standing Inquiry Commission has been established within the Parliament of the Republic of Macedonia, which aims to protect the freedoms and rights of the citizens.