CONSTITUTIONAL POSITION OF THE „OTHERS“ IN BOSNIA AND HERZEGOVINA

Goran Marković

Summary

The author analyzes constitutional position of national minorities and ethnically non-declared citizens of Bosnia and Herzegovina who are defined in its Constitution as the „Others“. They are discriminated being deprived of one of their fundamental human rights – passive voting right. Constitution of Bosnia and Herzegovina is contradictory to international human rights conventions which Bosnia and Herzegovina ratified as an international law subject and which are integral part of its Constitution. In that sense, the Constitution of Bosnia and Herzegovina is an inconsistent legal act. The decision of the European Court for Human Rights from December 2009 imposes an obligation to Bosnia and Herzegovina to revise its Constitution in order to preclude discrimination which would also change constitutional position of the „Others“. The author analyzes possible constitutional revisions which would lead to removal of discrimination of the „Others“.

Goran Marković, goran.rkpbih@gmail.com.