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Human Rights Protection in the Countries of the Western Balkans:. Normative Challenges and Institutional Legacies Bosnia and Herzegovina Nina Šeremet , YIHR BH. Quo vadis, B&H?. acceded to the Council of Europe on 24 April 2002
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Normative Challenges and Institutional Legacies
Bosnia and Herzegovina
Nina Šeremet, YIHR BH
ECtHR considered the Sejdic-Finci vs. BiH case and on December 22, 2009 took decision no: 27996/06 and 34836/06, repeatedly stressing that the Constitution and Election Law still exclude „the others“, i.e. persons not belonging to any of „constitutive peoples“ of member-state (the Bosniaks, the Croats and the Serbs),
grave concern: provisions of the Constitution BiH and Election Law are still unchanged.
*The Joint Commission for Human Rights, Rights of the Child, the Youth, Immigration, Refugees, Asylum and Ethics of the Bosnia and Herzegovina Parliamentary Assembly.
complex, multi-layered political and institutional structure constitutes an additional impediment.
2. non-enforcement of domestic judicial decisions, and
3. the lack of harmonisation of legislation.
It takes time to develop culture of respect for human rights and to establish institutions and procedures
stagnation of the protection of human rights in Bosnia and Herzegovina.
Slowness of judicial system is particularly concerning in the cases of recognition of civil victim of war,
Adopting the Law on Prohibition of Discrimination, 2009: created a legal framework for protection of persons subject to discrimination
*Justice is not only retributive, in the sense that it is aimed to punish through fair proceedings those who have committed gross human rights violations and serious violations of international humanitarian law. It is also, or above all, preventive, aiming to ensure that all people in the region come to terms with the past, and live in peace in a cohesive, pluralist democratic society.
Justice means, moreover, provision of adequate, effective and proportionate reparation to comfort and heal the wounds of all victims of the war without any distinction.