INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
among other things, another judgment of the Constitutional Court of the Federation of Bosnia and
Herzegovina has arrived, said Draft needs to be further refined in order to eliminate the problems
identified." From the above answer, the Ombudsmen could not determine whether the provisions
in the front draft truly included provisions for the exercise of the right to pension of extramarital
partners. Ombudsmen do not know if there are tendencies in the Republika Srpska to introduce
this category of citizens into this right.
10.7. Minorities
The Framework Convention for the Protection of the Rights of National Minorities establishes that
the protection of national minorities, their rights and freedoms is part of the international protection
of human rights, which is why the contracting parties are obliged to guarantee equality before the
law to persons belonging to national minorities. This means that any discrimination based on
belonging to a national minority is prohibited. This Convention further requires that appropriate
measures be taken to promote effective equality between persons belonging to a national minority
and those belonging to a majority in all areas of economic, social, political and cultural life.
The Ombudsmen would like to emphasize that on December 22, 2019, it has been ten years since
the Grand Chamber of the European Court of Human Rights delivered its judgment in the case of
Sejdić and Finci v. Bosnia and Herzegovina, stating that the BiH Constitution and the Election
Law contain discriminatory provisions which prevent citizens who do not belong to the category
of "constituent peoples" from standing for election to office as a member of the Presidency of
Bosnia and Herzegovina and delegates to the House of Peoples of Bosnia and Herzegovina.
It is also important to note that during 2014, the European Court of Human Rights delivered its
judgment in Zornić v. Bosnia and Herzegovina. In 2002, the applicant was a candidate for the
Social Democratic Party of Bosnia and Herzegovina in the parliamentary elections and declared
herself a citizen of Bosnia and Herzegovina. According to the BiH Constitution, only members of
the constituent peoples (Bosniaks, Serbs, and Croats) can run in elections for executive bodies 524.
It was also found that the case of Azra Zornić was identical to the case of Sejdić and Finci v.
Bosnia and Herzegovina, in which members of the Jewish and Roma national minorities sued
Bosnia and Herzegovina for their inability to run for executive power.
No progress has been made towards comprehensive constitutional changes that would help
equalize the rights of national minorities with those of the constituent peoples. Namely, passive
suffrage at all levels is not yet possible for national minorities. Laws on the protection of the rights
of persons belonging to national minorities protect the status, equality and rights of the 17 national
minorities present in Bosnia and Herzegovina, but the scope of equality is nevertheless limited by
the non-equalization of rights at constitutional levels.
524
In its judgment, the European Court of Human Rights found that there had been a violation of Article 14
(Prohibition of Discrimination) in conjunction with Article 3 of Protocol No. 1 (Right to Free Elections) to the
European Convention for the Protection of Human Rights and Fundamental Freedoms. The violation relates to Ms.
Zornic's inability to participate in elections to the House of Peoples of the BiH Parliamentary Assembly. The Court
also found that there had been a violation of Article 1 of Protocol No. 12 (General Prohibition of Discrimination) to
the European Convention for the Protection of Human Rights and Fundamental Freedoms in relation to Ms. Zornic's
inability to participate in the elections to the House of Peoples of the BiH Parliamentary Assembly and the BiH
Presidency.
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