Serbia
 National Profiles > Regions > Southern Europe > Serbia
Search National Profiles:

  Preferred Religion (2015)1: Orthodox

  Majority Religion (2015)2: Orthodox (86.7%)

Features Of Constitution

Is there a constitution?3 yes
Does the constitution state an official religion?3 no [Article 11]
Does the constitution provide for freedom of religion?3 yes [Article 43]
Does the constitution protect religious equality/non-discrimination?3 yes [Article 21]

Constitution

Constitution Year3 2006
Last Amended3 (n/a)
Source3 Constitute Project
Translation3 Source is an English translation, edited by ARDA staff.
Current as of3 July 27, 2018

Constitution Excerpts (clauses that reference religion)3

Article 5. Political parties.

Activities of political parties aiming at ... inciting ... religious hatred, shall be prohibited.

Article 11. Secularity of the state.

The Republic of Serbia is a secular state.

Churches and religious communities shall be separated from the state.

No religion may be established as state or mandatory religion.

Article 21. Prohibition of discrimination.

...

All direct or indirect discrimination based on any grounds, particularly on ... religion ...

...

Article 39. Freedom of movement.

...

... A foreign national may be expelled ... only when there is no threat of persecution based on his ... religion ...

Article 43. Freedom of thought, conscience and religion.

Freedom of thought, conscience, beliefs and religion shall be guaranteed, as well as the right to stand by one's belief or religion or change them by choice.

No person shall have the obligation to declare his religious or other beliefs.

Everyone shall have the freedom to manifest their religion or religious beliefs in worship, observance, practice and teaching, individually or in community with others, and to manifest religious beliefs in private or public.

Freedom of manifesting religion or beliefs may be restricted by law only if that is necessary in a democratic society to protect lives and health of people, morals of democratic society, freedoms and rights guaranteed by the Constitution, public safety and order, or to prevent inciting of religious, national, and racial hatred.

Parents and legal guardians shall have the right to ensure religious and moral education of their children in conformity with their own convictions.

Article 44. Churches and religious communities.

Churches and religious communities are equal and separated from the state.

Churches and religious communities shall be equal and free to organize independently their internal structure, religious matters, to perform religious rites in public, to establish and manage religious schools, social and charity institutions, in accordance with the law.

[The] Constitutional Court may ban a religious community only if its activities infringe the right to life, right to mental and physical health, the rights of child, right to personal and family integrity, public safety and order, or if it incites religious, national or racial intolerance.

Article 45. Conscientious objection.

No person shall be obliged to perform military or any other service involving the use of weapons if this opposes his religion or beliefs.

Article 48. Promotion of respect for diversity.

The Republic of Serbia shall promote understanding, recognition and respect of diversity arising from specific ... religious identity of its citizens through measures applied in education, culture and public information.

Article 49. Prohibition of inciting racial, ethnic and religious hatred

Any inciting of ... religious ... inequality or hatred shall be prohibited and punishable.

Article 50. Freedom of the media.

...

[A c]ompetent court may prevent the dissemination of information through means of public informing only when this is necessary in a democratic society ... to prevent advocacy of ... religious hatred enticing discrimination, hostility or violence.

...

Article 55. Freedom of association.

...

[The] Constitutional Court may ban only such associations the activity of which is aimed at ... inciting of ... religious hatred.

...

Article 57. Right to asylum.

Any foreign national with reasonable fear of prosecution based on his ... religion ... shall have the right to asylum in the Republic of Serbia.

...

Article 79. Right to preservation of specificity.

Members of national minorities shall have a right to: ... religious specificity; ...

Article 81. Developing the spirit of tolerance.

In the field of education, culture and information, Serbia shall give impetus to the spirit of tolerance and intercultural dialogue and undertake efficient measures for enhancement of mutual respect, understanding and cooperation among all people living on its territory, regardless of their ... religious identity.

Article 202. Derogation form human and minority rights in the state of emergency and war

...

Measures providing for derogation shall not bring about differences based on ... religion ...

...

Measures providing for derogation shall by no means be permitted in terms of the rights guaranteed pursuant to Articles ... 43, 45, ... 49 ... of the Constitution.


Sources

1.  The Religious Characteristics of States Dataset Project: Government Religious Preference (GRP) measures government-level favoritism toward, and disfavor against, 30 religious denominations. A series of ordered categorical variables index the state's institutional favoritism in 28 different ways. The variables are combined to form five composite indices for five broad components of state-religion: official status, religious education, financial support, regulatory burdens, and freedom of practice. The five components' composites in turn are further combined into a single composite score, the GRP score. The RCS Data Project would like to acknowledge, recognize, and express our deepest gratitude for the significant contributions of Todd M. Johnson, the principal investigator of the World Christian Database, the co-principal investigator of the World Religion Database, and co-author of the World Christian Encyclopedia series.

2.  The Religious Characteristics of States Dataset Project: Demographics reports annual estimates of religious demographics, both country by country and region by region. It estimates populations and percentages of adherents of 100 religious denominations including second level subdivisions within Christianity and Islam. The RCS Data Project would like to acknowledge, recognize, and express our deepest gratitude for the significant contributions of Todd M. Johnson, the principal investigator of the World Christian Database, the co-principal investigator of the World Religion Database, and co-author of the World Christian Encyclopedia series.

3.  Text from country constitutions was copied from primary documents obtained online using a variety of sources, including the Constitute Project, World Constitutions Illustrated, and government sources. When the text was in a language other than English, it was translated to English by ARDA staff or with web-based translation utilities such as Google Translate. Emphases were added to the text by ARDA staff to differentiate religious content from non-religious content. Text is current to the date listed in the "Current as of" field shown above. Please contact us at support@thearda.com if you are aware of any incorrect information provided on this page.

Bookmark and Share