Social Science and Human Research Bulletin

Freedom of expression is a fundamental right guaranteed by Article 10 of the European Convention on Human Rights (ECHR) and represents one of the main pillars of a democratic society. In the context of the Wester Balkans, this right finds support not only in domestic legislation, but also in the jurisprudence of the European Court of Human Rights. This research paper provides a comparative and substantive analysis of the ECHR ruling related to freedom of expression in six countries of the region: Albania, North Macedonia, Montenegro, Serbia, Bosnia and Herzegovina, and examines the specific case of Kosovo. The results show that most countries have been found to be in violation of the 10th Article due to disproportionate restrictions on expression. The case of Kosovo, although yet not member of the Council of Europe, represents a positive exception due to the direct incorporation of the ECHR jurisprudence into the Constitution. The study concludes that effective protection of freedom of expression requires not only formal respect for the law, but also an institutional culture that promotes and guarantees this right in practice.

Freedom of expression, European Court of Human Rights (ECHR), Western Balkans, Comparative legal analysis, Human rights protection

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