Law on Protection of Rights and Freedoms of National Minorities
The law protects equality, identity, culture, education, information and minority-language use. The current text includes 11/2002, 1/2003, 72/2009, Constitutional Court decision 97/2013 and amendment 47/2018.
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Equality and minority rights
The Protection of Rights and Freedoms of National Minorities Act combines protection against discrimination with preservation of language, culture and identity. It governs individual and collective rights, including minority self government in education, culture, information and official language use. The current text includes Official Journal FRY 11/2002, Serbia and Montenegro 1/2003 (Constitutional Charter), and Official Gazette RS 72/2009 (another law), 97/2013 (Constitutional Court decision) and 47/2018. Its federal origin does not mean it has ceased to apply in Serbia.
Article 2 defines a national minority as a group of Serbian citizens with longstanding, firm territorial connections, distinctive linguistic, cultural or other characteristics, and a wish to preserve their shared identity. Special minority rights should therefore not automatically be attributed to every foreign citizen. Protection against discrimination must also be considered under general antidiscrimination legislation.
Article 9 protects choosing and using personal names, including a child's name, and recording them according to the minority language and spelling in public documents and registers. Parallel entry according to Serbian spelling and script remains possible. Free private and public language use differs from official language status in proceedings, where special laws and local rules matter.
For example, a parent seeking registration of a child's name in minority spelling approaches the authority responsible for that register. A request for education in a minority language is considered within the education system under specific conditions; this Act alone does not guarantee every requested class. A national council exercises self government functions in designated fields; it is not a territorial government.
Where unfavourable treatment arises from ethnic affiliation, the Commissioner for Protection of Equality and judicial protection are relevant. Refusal of a particular registration or education request also requires examination of remedies within that procedure. Lawful special measures aimed at substantive equality are not, simply by their existence, prohibited discrimination.
This explanation is informational; translations are editorial, not official. For a specific minority right, check the relevant special law, competent authority and local rules.
What is this for?
Helps connect identity protection with a specific minority right.
Who can use it?
Members of legally defined minorities, national councils and competent authorities.
When should it be used?
For language, culture, schooling or adverse nationality-based treatment.