scholarly journals What is a Normal Democracy?

2021 ◽  
Vol 18 (1) ◽  
pp. 1-4
Author(s):  
Brendan O'Leary
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Power Sharing ◽  
Constitutional Design ◽  
Divided Societies ◽  
Practical Solution ◽  
Consociational Democracy ◽  
European Court

The author argues there is no such thing as a "normal democracy", and that the decision made by the European Court of Human Rights in Sejdić-Finci case does not pay enough respect to consociational democracy as one of the legitimate forms of democracy. As human rights have to be balanced against one another, they also have to be balanced against other values, including peace and stability. As the practical solution in the election of the three-person collective Presidency in Bosnia and Herzegovina, the author suggests three separate electoral colleges in the three territorial districts that would settle the tension between the politically viable power-sharing arrangements and the demand to respect human rights. The author concludes that more moral modesty is in place when foreign political advice in democratic constitutional design is issued for the divided societies.

The Strasbourg Court on the Dayton Constitution: Judgment in the case of Sejdić and Finci v. Bosnia and Herzegovina, 22 December 2009

2010 ◽  
Vol 6 (2) ◽  
pp. 309-333 ◽  
Author(s):  
Samo Bardutzky
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Grand Chamber

On 22 December 2009, the Grand Chamber of the European Court of Human Rights (hereafter: the Court) issued a judgment on the applications filed by two citizens of Bosnia and Herzegovina, Mr Dervo Sejdić and Mr Jakob Finci. It found a violation of their rights under the Convention for the Protection of Human Rights and Fundamental Freedoms and under the Protocols to the Convention. Bosnia and Herzegovina had violated the applicants' rights under Article 14 of the Convention in conjunction with Article 3 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and under Article 1 of Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

Freedom of Religion in the Workplace

2021 ◽  
pp. 1-21
Author(s):  
Nedim Begović
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Case Law ◽  
Legal Framework ◽  
The State ◽  
European Convention ◽  
Freedom Of Religion ◽  
European Court

Abstract The article analyses the case law of the European Court of Human Rights on accommodation of Islamic observances in the workplace. The author argues that the Court has not hitherto provided adequate incentives to the states party to the European Convention on Human Rights to accommodate the religious needs of Muslim employees in the workplace. Given this finding, the author proposes that the accommodation of Islam in the workplace should, as a matter of priority, be provided within a national legal framework. In Bosnia and Herzegovina, this could be achieved through an instrument of contracting agreement between the state and the Islamic Community in Bosnia and Herzegovina.

“Does Džeko Live in Bosnia and Herzegovina?”: Demographics as a Hostage of Ethno-politics in the 2013 Census

2020 ◽  
pp. 088832542094111 ◽  
Author(s):  
Ondřej Žíla ◽  
Petr Čermák
Keyword(s):  
Bosnia And Herzegovina ◽  
Census Data ◽  
Power Sharing ◽  
Political Systems ◽  
Divided Societies ◽  
Political Consequences ◽  
Political Interests ◽  
Ethnic Quotas ◽  
Post War ◽  
Republika Srpska

In ethnically divided societies and political systems organized according to the principles of consociationalism, demography plays a crucial role as a powerful tool for promoting ethno-political interests. The aim of this article is to evaluate to what extent the first post-war 2013 census in Bosnia and Herzegovina became a hostage to the principle of ethno-politics. This study is grounded in Horowitz’s analysis of censuses in deeply divided societies, which assumes that ethnic identity in fragmented societies provides an explanation of who people vote for, and the reverse. We use the data on ethnic voting in 2014 as an indirect estimate of the ethnic structure of the population to verify the 2013 census findings. To do so, we determine the extent to which people enumerated as residents in the 2013 census actually live at the places they were counted, as required by the census law. Although we found that the indirect estimate of ethnic demography based on ethnic voting is largely in line with the census results, we also identified specific structural discrepancies between census results and voting patterns that indicate possible flaws in the census data in general. The method we used revealed significant territorial discrepancies, bringing into question the validity of the census data about the presence of Bosniak and Croat returnees in the Republika Srpska, and especially for Croats across Bosnia and Herzegovina. We argue that these discrepancies may have significant political consequences for the fragile Bosnian power-sharing system based on ethnic quotas and proportionality.

scholarly journals Lustration of Judges in Ukraine: National Insights and European Implications

2020 ◽  
pp. 226-245
Keyword(s):  
Human Rights ◽  
Empirical Analysis ◽  
Bosnia And Herzegovina ◽  
European Countries ◽  
Deep Insight ◽  
Social Feedback ◽  
Social Demand ◽  
European Court ◽  
The Law ◽  
Insight Into

This article primarily focuses on the Ukrainian judge lustration, analysed from diverse aspects. Ukraine’s legal lustration framework engenders two legal acts— the Law On Restoring Trust into Judicial Power in Ukraine (2014) and the law On Purification of Government (2014). Social feedback on adopting these Laws, their key objectives, provided instruments and efficiency issues are discussed. This research particularly scrutinises the fundamental European lustration standards, referencing a few European countries’ experiences: Albania, Bosnia and Herzegovina, Poland. Deep insight into national lustration procedures is given, considering the European Court of Human Rights’ relevant rulings and the Ukrainian Constitution’s provisions. Remarks on whether all lustration laws comply with the Ukrainian Constitution are offered. Addressing the High Council of Justice’s precedents, a judicial body entitled to verify the judges’ lustration results, an in-depth empirical analysis of those procedural results are provided. Overall, Ukrainian lustration embodies a unique phenomenon due to strong social demand formalized in specially designed regulation.

Legal Protection of the Missing and Their Relatives: The Example of Bosnia and Herzegovina

2006 ◽  
Vol 19 (3) ◽  
pp. 773-793 ◽  
Author(s):  
TILMAN BLUMENSTOCK
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Transitional Justice ◽  
Family Members ◽  
Legal Protection ◽  
Progressive Development ◽  
Positive Effects ◽  
Missing Persons ◽  
European Court ◽  
Degrading Treatment

More than a decade after the end of the conflict in Bosnia and Herzegovina, the issue of missing persons remains a major obstacle to reconciliation. With a focus on Bosnia and Herzegovina, this article looks at the phenomenon of missing persons and reviews the scope of the legal protection available to the victims and their family members, as well as some of the institutional efforts to shed light on their fate. The article describes the progressive development of the jurisprudence of the Human Rights Chamber for Bosnia and Herzegovina, a court modelled on the procedures of the European Court of Human Rights, which held that Bosnian authorities who are withholding from family members information about missing persons are violating their right not to be subjected to inhuman or degrading treatment and their right to respect for private and family life. It further illustrates the positive effects on politicians and lawmakers which can emanate from transitional justice.

scholarly journals THE NEVERENDING STORY OF AL HUSIN AND BOSNIA AND HERZEGOVINA: FROM EL-MUJAHEDIN TO FREEDOM?

2017 ◽  
pp. 057
Author(s):  
Igor Popović ◽  
Olivera Ševo
Keyword(s):  
Human Rights ◽  
Civil War ◽  
National Security ◽  
Bosnia And Herzegovina ◽  
The Other ◽  
Constitutional Court ◽  
Other Hand ◽  
European Court

The paper deals with the problem which the authorities of Bosnia and Herzegovina face with regard to foreign combatants who participated in the BH civil war between 1992 and 1995. Many of them stayed in the country after the war, and authorities intend to deport some of them, who represent a threat to national security. One of them is Imad Al Husin, whose case best reflects the abovementioned problem. Since he has a citizenship of Syria, which cannot be considered a safe country regarding the non-refoulement rule, process of deportation is facing difficulties. On the other hand, given the fact that he represents a threat to national security, he has been detained in an immigration centre for years. Since the authorities of Bosnia and Herzegovina cannot find a third safe country, the question arises on the lawfulness of the duration of his detention in the immigration centre. In that context, we analyzed the decision of the European Court of Human Rights and decisions of the Constitutional Court of Bosnia and Herzegovina regarding Imad Al Husin.

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