Constitutional Court

KO207/22, Applicant: President of the Assembly of the Republic of Kosovo, Assessment of the proposed amendment to the Constitution of the Republic of Kosovo proposed by the Government of the Republic of Kosovo and submitted by the President of the Assembly of the Republic of Kosovo on 24 December 2022, by letter no. 08/3198/DO-1347/1

KO207/22, judgment of 4. julay 2023, published on 7 August 2023

Keywords: Amendments of Constitution, constitutional and preventive control, rights of Persons with Disabilities

The Constitutional Court of the Republic of Kosovo has decided and published the Judgment in case KO207/22, with Applicant: the Assembly of the Republic of Kosovo, concerning the assessment of the proposed constitutional amendment presented by the President of the Assembly of Kosovo, on 21 December 2022. The Referral was filed with the Court based on paragraph 9 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, according to which, the President of the Assembly of Kosovo refers proposed Constitutional amendments before approval by the Assembly to confirm that the proposed amendment does not diminish the rights and freedoms guaranteed by Chapter II of the Constitution.

The Court decided unanimously that the Referral is admissible and found that the proposed amendment of Article 22 [Direct Applicability of International Agreements and Instruments] of the Constitution, whereby the United Nations Convention on the Rights of Persons with Disabilities, does not diminish the rights and freedoms guaranteed by Chapter II of the Constitution.

In relation to the assessment of the amendment proposed by the Assembly, the Court first analyzed the main principles established by the United Nations Convention on the Rights of Persons with Disabilities, and emphasized the rights it defines in relation to (i) respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; (ii) respecting the principle of non-discrimination; (iii) their full and effective participation and inclusion in society; (iv) respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; and (v) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. The Court also emphasized the positive obligations assumed by the Republic of Kosovo through this constitutional amendment, considering that the United Nations Convention on the Rights of Persons with Disabilities also defines specific positive obligations towards states for undertaking the necessary legislative measures, as well as other measures, creating mechanisms for its full implementation.

Based on the above and after examining them in the light of the rights and freedoms defined in Chapter II of the Constitution, the Court concluded that the text of the proposed amendment does not diminish any of the rights and freedoms defined in Chapter II.