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Article 22 of Kosovo’s Constitution

Article 22 of the Constitution makes the following international human-rights instruments directly applicable in Kosovo. They have priority over domestic law in case of conflict.

  • Universal Declaration of Human Rights
  • European Convention on Human Rights and its Protocols
  • International Covenant on Civil and Political Rights and its Protocols
  • Framework Convention for the Protection of National Minorities
  • International Convention on the Elimination of All Forms of Racial Discrimination
  • Convention on the Elimination of All Forms of Discrimination Against Women
  • Convention on the Rights of the Child
  • Convention against Torture
  • Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), added by the 2020 constitutional amendment

These instruments apply through Kosovo’s Constitution and are interpreted and applied by its institutions and courts. Separate international monitoring arrangements include the Framework Convention process described below.

Language rights

The rights of Kosovo’s minority communities to use their own language, as well as to education and freedom of expression, are closely related, a fact recognised by international and European law.

According to Article 58.2 of the Constitution, Kosovo is obliged to respect the standards in the European Charter for Regional or Minority Languages. The Charter calls for appropriate means to teach and study regional or minority languages at all relevant stages of education.

The Charter also calls for teaching the history and culture reflected in a regional or minority language, including to people who do not speak that language. This can promote understanding among majority and minority communities.

The European Charter calls for action to safeguard and promote regional or minority languages. Article 10(1) of the Framework Convention for the Protection of National Minorities protects the freedom of people belonging to national minorities to use their language orally and in writing, in public and in private. Education in that language and opportunities to use it can support participation in public life. Article 9(3) of the Framework Convention also provides for people belonging to national minorities to create and use their own media.

Article 10(2) of the Framework Convention addresses contact with administrative authorities. In areas traditionally inhabited by national minorities or where they live in substantial numbers, states should work to make use of the minority language possible as far as they can, where people request it and the request reflects a real need.

Two OSCE documents are important in the area of language rights. The Copenhagen Document contains political commitments on the use of languages, non-discrimination and education. The Oslo Recommendations give practical guidance on language use in education, religion, media, community life and non-governmental organisations, as well as in communication with public authorities, judicial proceedings and private businesses.

Rights of national minorities

The Council of Europe’s Framework Convention for the Protection of National Minorities (FCNM) is one of the most important international legally binding instruments designed to protect the rights of people belonging to national minorities.

The Convention entered into force on 1 February 1998 and aims to promote full and effective equality in economic, social, political and cultural life and conditions in which minorities can express, preserve and develop their culture and identity. It covers identity, equality, non-discrimination, political participation, religion, media, language, education and cross-border contacts. The rights and freedoms in the FCNM are directly applicable in Kosovo under Article 22 of the Constitution.

Monitoring of the Framework Convention in Kosovo takes place under an agreement between the Council of Europe and UNMIK signed on 23 August 2004. A report is submitted through UNMIK, the Advisory Committee on the Framework Convention adopts an opinion, and the Committee of Ministers adopts a resolution with conclusions and recommendations. The fifth-cycle report was received on 15 September 2021. The Advisory Committee adopted its fifth opinion on 16 February 2023 and published it on 26 May 2023. The Committee of Ministers adopted its resolution on 31 October 2023.

Property, social and labour rights

Property Rights

Several international instruments recognise vulnerabilities affecting the property and housing rights of minority groups. The Universal Declaration of Human Rights recognises the right to own property and to an adequate standard of living, including food, clothing and housing. The International Convention on the Elimination of All Forms of Racial Discrimination protects equality before the law, including in the enjoyment of property and housing rights. The International Covenant on Civil and Political Rights protects against arbitrary or unlawful interference with privacy, family, home or correspondence. Article 1 of Protocol No. 1 to the European Convention on Human Rights also protects property.

Health and Social Benefits

Equality of well-being is a concern of international human-rights instruments. The Universal Declaration of Human Rights recognises the right to social security. The International Covenant on Economic, Social and Cultural Rights sets standards on the right to the highest attainable standard of physical and mental health, including conditions that ensure medical attention in the event of sickness. The International Labour Organization’s Invalidity, Old-Age and Survivors’ Benefits Convention also sets standards for old-age benefits. These two treaties provide reference standards for Kosovo.

Labour Rights

The International Covenant on Economic, Social and Cultural Rights sets standards for fair wages, equal remuneration for work of equal value and safe and healthy working conditions. International labour standards also call for national policies that promote equality of opportunity and treatment in employment and occupation.

International labour standards allow measures that meet the needs of people who require particular protection or assistance for reasons such as age, disability, family responsibilities or social or cultural status. Other protections include the right to form and join trade unions and the right to strike under applicable rules.

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Last reviewed November 2026