Today marks 12 years since the adoption of the Constitution of the Republic of Kosovo. At the time when this Constitution was adopted, immediately after the declaration of independence, due to political circumstances, the discussion of the details of the Constitution was impossible, while it was also seen as unnecessary.
Today, 12 years later, it is imperative that we reflect on the needs and gaps of this Constitution. In general, when we talk about social justice, workers’ rights, social welfare, gender equality and environmental protection, the Constitution of the Republic of Kosovo is often silent, generalized and with a conservative approach. For example, in the Preamble of the Constitution, we pledge that “Kosovo will be a state of economic well-being and social prosperity.” But then in the specific points where these issues are addressed, the Constitution is sufficient to generally guarantee these rights, but not to promote the mechanisms that guarantee the possibility of the realization of these rights. Article 49 guarantees the right to work and the freedom of everyone to choose their profession. Nowhere are public authorities obliged to promote employment and ensure that every citizen has the opportunity to exercise their right to work. In the same direction, the authorities are not obliged to take responsibility for the protection of the workforce.
The same applies for gender equality. Article 7, which deals with the values of the Republic, ensures gender equality and equal opportunities for each gender in public life in Kosovo. Here, too, we have a passive approach to guaranteeing the right, without having an explicit obligation for the public authorities to intervene in order to correct the historically stratified injustice and inequality in gender relations and their relationship to the common good.
The Constitution of the Republic of Kosovo does not oblige public authorities to take measures in order to promote the right of everyone to housing and to create opportunities for everyone to have the possibility of arranging housing for themselves.
When talking about the environment, the Constitution has a moment of progressiveness in guaranteeing the right of citizens to participate in decision-making regarding the living environment in which she/he lives (Article 52). However, all that is required by the Constitution from public institutions is to take into account the impact on the environment in the decision-making process. Here, public institutions should be obliged to guarantee the right of every citizen to a healthy environment.
These are some important issues that should be included in the Constitution of the Republic of Kosovo that would transform that Constitution into a social contract which promotes and guarantees collective rights, social justice and equality for all. The guarantee of individual rights should be accompanied by elements that promote and protect collective.
April 22, 2020