The European Court for Human Rights changes the constitution of Bosnia and Herzegovina

Abstract

In December 1995 by signing General Framework Agreement for Peace, Bosnia and Herzegovina got a new constitution by which country got a new internal organizational structure: it is divided into two entities: Federation B&H (FB&H) and Republic of Srpska (RS). The Collective Head of State is now the Presidency of Bosnia and Herzegovina. It is composed of three members: Bosniak & Croat (both chosen from the territory of The Federation of BiH) and Serb member (chosen from the territory of Republika Srpska). The upper house of the Parliamentary Assembly is The House of Peoples of BiH which gathers 15 delegates: 5 Bosniaks, 5 Croats ( chosen by Parliament of Federation of BiH) and 5 Serbs ( chosen by Parliament of Republika Srpska). Prima facie are obvious the discriminations of all those who do not declare themselves as Bosniaks, Serbs or Croats, as well as the discrimination of these ethnic groups based on the entity they live in. This assertion was confirmed by the European Court of Human Rights in the case of Sejdic and Finci vs. B&H, Azra Zornic v B&H, B&H & Ilijaz Pilav vs. B&H. In the judgment of the case of Azra Zornic vs. B&H, the European Court highlighted their expectations from Bosnia and Herzegovina to establish a democratic constitutional arrangement without discrimination based on ethnicity. With this statement The Court unequivocally asked for modifications in the Constitution of Bosnia and Herzegovina.