Module 1

National Context Of Migration – Serbia

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National laws

The Constitution as the umbrella national act in Serbia defines the scope of the rights that the migrants/refugees/asylum seekers have on the territory of Serbia. The Constitution guarantees to all persons the inviolability of human dignity and the obligation to everyone to protect and respect this value. It determines that everyone is entitled to equal legal protection, without discrimination on any ground, and guarantees freedom of movement. The Constitution also predicts that the entry of foreigners into the Republic of Serbia and their stay shall be regulated by a special law. Also, the Constitution guarantees the rights to refugees for aliens who, on account of a well-founded fear of persecution for reasons of sex, race, language, religion, nationality, membership of a particular social group or political opinion.

The basic international law for protecting and improving the position of refugees/migrants and asylum seekers in Serbia is the UN Convention on the Status of Refugees, followed by other conventions and acts by UN and the European Council. All international acts have been adopted within national legislation.

The Republic of Serbia has adopted the Migration Management Strategy, which emphasizes the principles of non-discrimination and the need for a mechanism for the integration of migrants into domestic society.