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Dženeta Omerdić

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The provisions of the Constitution of Bosnia and Herzegovina (hereinafter: the Constitution of BiH), inter alia, regulate the catalogue of human rights and freedoms, as well as the right to access the exercise of rights through institutions whose primary task is to protect human rights in the country. The basic issue concerning the effective protection of human rights in Bosnia and Herzegovina is reflected in the legal nature of the Constitution of BiH; however, it is also reflected in the relationship between the Constitution of BiH and ratified international instruments for the protection of human rights—primarily the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter: the European Convention). In other words, the provisions of the Constitution of BiH address the effective institutional protection of human rights and freedoms in the material sense of the phrase. In addition to the judicial authorities, which certainly represent the most important institutions in resolving disputes, the institution of the Ombudsman for Human Rights of Bosnia and Herzegovina, the Constitutional Court of BiH and the Ministry of Human Rights and Refugees of BiH play a key role in the process of protecting human rights and fundamental freedoms. One particularly important issue is the trust of citizens in state institutions whose primary task is to protect human rights.

R. Paper, Dženeta Omerdić

Husein Đozo’s views on prophethood are particularly examined in the context of the Prophet's role as a messenger and his miracles. Indeed, belief in the Prophets is one of the six articles of faith. Denying the Prophets is considered an act of disbelief, as rejecting a Prophet means refusing to acknowledge what he has conveyed from Almighty God. According to Ahl al-Sunnah, believing in all Prophets without distinction is obligatory.

Widening case law of the European Court of Human Rights (ECtHR) interpreting the notion of discrimination, especially the ambit of discrimination based on “other status” offers important elements in the understanding of the legal definition of discrimination. More specifically, it offers elements in understanding of the scope of discrimination grounds listed under “other status”, such as the place of residence. Discrimination cases before the ECtHR against Bosnia and Herzegovina relate primarily to the discriminatory nature of Bosnia and Herzegovina’s election system, focusing on ethnicity as the main basis for discrimination. However, often overlooked is the place of residence as the discriminatory ground, identified in numerous cases alongside ethnicity (such as the cases of Pilav, Zornic and recently Pudaric), or as a stand-alone basis as in the case of Baralija. The ECtHR’s positions expressed in judgements to these cases offer certain interpretations important for Bosnia and Herzegovina’s election system, legal and constitutional order and showcase the potential power and influence which the ECtHR’s judgements may have in the strengthening of rule of law and overcoming political stalemates. Outside Bosnia and Herzegovina, the cases may offer some new insights in defining and reinterpreting the legal notion of discrimination and the legal ambit of the prohibition of discrimination on the grounds of place of residence, such as discriminatory effects of legal void and the discriminatory treatment between persons having a place of residence within the same respondent country.

Before the socio-political communities are posted, a very demanding task of defining the subject on whose name will behalf political power is implemented over a given state territory. However, the question about the subject of sovereignty should in no case be misunderstood as an issue of simply theoretical approach. The level of a state’s democracy, as well as its ability to realize internal and external sovereignty, depends entirely on fact: does the power belong to the People and whether it derives from the People. In other words, the issue of popular sovereignty is a substantial, constitutive element of modern democratic states. When we speak about contemporary Bosnia and Herzegovina, the functionality of the entire state government is often hindered by the complex decision-making processes at all state levels which lead to obstruction of the entire decision-making process. Such a dysfunctional decision-making process on the state level poses a threat and disables the Bosnian plural society to respond to the modern challenges of a democratic functioning state. The legal nature of Bosnian society is determined by the existence of constituent people who have “usurped” the entire decision-making process. There is still no end in sight to the struggle that leads to an oligarchy of the ruling elites; furthermore, there is still no appropriate socio-political mechanism that will enhance the accountability of the representatives to their voters; it is still inconceivable that decisions of state authorities are effectively and consistently implemented throughout the national territory. In other words, there is still no appropriate mechanism that will enhance the principle of popular sovereignty. It is necessary to “offer” Bosnia and Herzegovina’s pluralism and its political tradition a form of democratic authority which in no way should be a cliché. Furthermore, it may not be one of the “copy-paste” models of democratic authority. Currently, citizens of B&H are completely suspended (de facto, there are only citizens of entities). In the Federation of Bosnia and Herzegovina Serbs are suspended, while in the Republika Srpska, Bosniacs and Croats cannot equally participate in the decision-making process. An unfinished process of implementation of the Dayton Agreement and, in particular, Annex 4 (the Constitution of B&H), whose provisions permit discrimination against the citizens of Bosnia and Herzegovina (the impossibility of the realization of the principle of equality in the exercise of universal suffrage), as well as the non-application of the Decision of the European Court of Human Rights contributes and is conducive to further segmentation of Bosnian society.

Boris Krešić, Z. Begic, Jasmina Alihodžić, Dženeta Omerdić

The achievement of rights of same-sex couples is an actual topic in contemporary law. This is especially in focus of the professional and academic publicity in the transitional countries such as Bosnia and Herzegovina. In this paper authors considered the issue of the achievement of the same-sex couples' rights in the legal system of this country in the context of the European Court of Human Rights practice and obligations arising from the European Convention on Human Rights and its Protocols. The aim of this paper is to determine to which extent the national legal order of Bosnia and Herzegovina, the country trying to accede to European integration, implements european standards of human rights and freedoms with the final goal to point to the omissions and possible directions for reform.

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