Wednesday, December 23, 2009

Ethnic Limits For Political Positions In Bosnian Constitution Struck Down By European Court

Yesterday the European Court of Human Rights in Sejdic and Finci v. Bosnia and Herzegovina ruled that the provisions in the Bosnian Constitution that limit seats in the lower house of Parliament, and the country's Presidency to Bosniacs, Croats and Serbs violate the European Declaration of Human Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms. A press release by the Court reporting on the decision says the arrangement, growing out of the 1995 Dayton Peace Accords, violates the anti-discrimination provisions of Art. 14 of the Declaration taken together with Art. 3 of Protocol No. 1 (right to free elections),as well as Art. 1 of Protocol 12 of the Convention. The case was brought by two public figures, one a Roma and the other who is Jewish, challenging the ethnic restrictions. JTA reported on the decision.