Box 5.3 The Constitution of Bosnia and Herzegovina32 Article II Human Rights and Fundamental Freedoms Paragraph 1 Human Rights Bosnia and Herzegovina and both Entities shall ensure the highest level of internationally recognized human rights and fundamental freedoms. To that end, there shall be a Human Rights Commission for Bosnia and Herzegovina. … Paragraph 2 International Standards The rights and freedoms set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols shall apply directly in Bosnia and Herzegovina. These shall have priority over all other law. Paragraph 3 Enumeration of Rights All persons within the territory of Bosnia and Herzegovina shall enjoy the human rights and fundamental freedoms referred to in paragraph 2 above. Paragraph 4 Non-Discrimination The enjoyment of rights and freedoms … shall be secured to all persons in Bosnia and Herzegovina without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. … Paragraph 6 Implementation Bosnia and Herzegovina, and all courts, agencies, governmental organs, and instrumentalities operated by or within the Entities shall apply and conform to human rights and fundamental freedoms. … Paragraph 8 Co-operation All competent authorities in Bosnia and Herzegovina shall co-operate with, and provide unrestricted access to: any international human rights monitoring mechanisms established for Bosnia and Herzegovina … . 4. Types of Limitations and Derogations32 In the context of the rights of members of the armed forces, the extent and scope of restrictions on human rights is of particular significance. Members of the armed forces are likely to assume a central role in dealing with public emergencies, when human rights (including their own) may be suspended. Even in more normal times, however, the special circumstances under which the armed forces operate mean that some restrictions on their rights may be acceptable. Nevertheless, there is an obvious danger that the need for limiting rights will be too easily accepted and that fundamental democratic values will suffer as a consequence. The key issues are to determine which rights may be restricted, under what circumstances, with what procedural protections, and to what extent. International human rights fall into three basic categories: • Those that cannot be derogated from (non-derogable rights); • Those that can be derogated from in a public emergency (derogable rights); and • Those that may be limited by law according to some specified societal interest (qualified rights). Derogable rights and qualified rights overlap to some extent. These are, however, distinct concepts with very different practical applications. Only where the qualifications permissible to qualified rights are inadequate in an emergency situation need a state consider 32  Constitution of Bosnia and Herzegovina, 1995 (unofficial translation). 36 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel