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Constitution of Bosnia and Herzegovina (1995) (excerpts related to Human Rights State Institutions (English)
Constitution of Bosnia and Herzegovina
Adopted XXX
Article IIHuman Rights and Fundamental Freedoms
1. Human Rights
Bosnia and Herzegovinaand 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 forBosnia and Herzegovinaas provided for in Annex 6 to the General Framework Agreement.
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 inBosnia and Herzegovina. These shall have priority over all other law.
3. Enumeration of Rights
All persons within theterritoryofBosnia and Herzegovinashall enjoy the human rights and fundamental freedoms referred to in paragraph 2 above; these include:
a. The right to life.b. The right not to be subjected to torture or to inhuman or degrading treatment or punishment.c. The right not to be held in slavery or servitude or to perform forced or compulsory labor.d. The rights to liberty and security of person.e. The right to a fair hearing in civil and criminal matters, and other rights relating to criminal proceedings.f. The right to private and family life, home, and correspondence.g. Freedom of thought, conscience, and religion.h. Freedom of expression.
i. Freedom of peaceful assembly and freedom of association with others.j. The right to marry and to found a family.k. The right to property.
l. The right to education.m. The right to liberty of movement and residence.
4. Non-Discrimination
The enjoyment of the rights and freedoms provided for in this Article or in the international agreements listed in Annex I to this Constitution shall be secured to all persons in Bosnia and Herzegovina without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
6. Implementation
Bosnia and Herzegovina, and all courts, agencies, governmental organs, and instrumentalities operated by or within the Entities, shall apply and conform to the human rights and fundamental freedoms referred to in paragraph 2 above.
8. Cooperation
All competent authorities in Bosnia and Herzegovina shall cooperate with and provide unrestricted access to: any international human rights monitoring mechanisms established for Bosnia and Herzegovina; the supervisory bodies established by any of the international agreements listed in Annex I to this Constitution; the International Tribunal for the Former Yugoslavia (and in particular shall comply with orders issued pursuant to Article 29 of the Statute of the Tribunal); and any other organization authorized by the United Nations Security Council with a mandate concerning human rights or humanitarian law.
ArticleVIConstitutional Court
1. Composition
The Constitutional Court of Bosnia and Herzegovina shall have nine members.
a.Four members shall be selected by the House of Representatives of the Federation, and two members by the Assembly of theRepublikaSrpska. The remaining three members shall be selected by the President of the European Court of Human Rights after consultation with the Presidency.
b.Judges shall be distinguished jurists of high moral standing. Any eligible voter so qualified may serve as a judge of theConstitutional Court. The judges selected by the President of the European Court of Human Rights shall not be citizens ofBosnia and Herzegovinaor of any neighboring state.
c.The term of judges initially appointed shall be five years, unless they resign or are removed for cause by consensus of the other judges. Judges initially appointed shall not be eligible for reappointment. Judges subsequently appointed shall serve until age 70, unless they resign or are removed for cause by consensus of the other judges.
d.For appointments made more than five years after the initial appointment of judges, the Parliamentary Assembly may provide by law for a different method of selection of the three judges selected by the President of the European Court of Human Rights.
2. Procedures
a. A majority of all members of the Court shall constitute a quorum.b. The Court shall adopt its own rules of court by a majority of all members. It shall hold public proceedings and shall issue reasons for its decisions, which shall be published.
3. Jurisdiction
TheConstitutional Courtshall uphold this Constitution.
a.TheConstitutional Courtshall have exclusive jurisdiction to decide any dispute that arises under this Constitution between the Entities or betweenBosnia and Herzegovinaand an Entity or Entities, or between institutions ofBosnia and Herzegovina, including but not limited to:
b.Whether an Entity's decision to establish a special parallel relationship with a neighboring state is consistent with this Constitution, including provisions concerning the sovereignty and territorial integrity ofBosnia and Herzegovina.
c.Whether any provision of an Entity's constitution or law is consistent with this Constitution.
d.Disputes may be referred only by a member of the Presidency, by the Chair of the Council of Ministers, by the Chair or a Deputy Chair of either chamber of the Parliamentary Assembly, by one-fourth of the members of either chamber of the Parliamentary Assembly, or by one-fourth of either chamber of a legislature of an Entity.
e.TheConstitutional Courtshall also have appellate jurisdiction over issues under this Constitution arising out of a judgment of any other court inBosnia and Herzegovina.
f.The Constitutional Court shall have jurisdiction over issues referred by any court in Bosnia and Herzegovina concerning whether a law, on whose validity its decision depends, is compatible with this Constitution, with the European Convention for Human Rights and Fundamental Freedoms and its Protocols, or with the laws of Bosnia and Herzegovina; or concerning the existence of or the scope of a general rule of public international law pertinent to the court's decision.
4. Decisions
Decisions of theConstitutional Courtshall be final and binding.
Article XAmendment
2. Human Rights and Fundamental Freedoms
No amendment to this Constitution may eliminate or diminish any of the rights and freedoms referred to in Article II of this Constitution or alter the present paragraph.
Annex IAdditional Human Rights Agreements To Be Applied InBosnia And Herzegovina
1. 1948 Convention on the Prevention and Punishment of the Crime of Genocide2.1949 Geneva Conventions I-IV on the Protection of the Victims of War, and the 1977 Geneva Protocols I-II thereto3.1951 Convention relating to the Status of Refugees and the 1966 Protocol thereto4.1957 Convention on the Nationality of Married Women5.1961 Convention on the Reduction of Statelessness6.1965 International Convention on the Elimination of All Forms of Racial Discrimination7.1966 International Covenant on Civil and Political Rights and the 1966 and 1989 Optional Protocols thereto8.1966 Covenant on Economic, Social and Cultural Rights9.1979 Convention on the Elimination of All Forms of Discrimination against Women10.1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment11.1987 European Convention on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment12.1989 Convention on the Rights of the Child13.1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families14.1992 European Charter for Regional or Minority Languages15.1994 Framework Convention for the Protection of National Minorities
Annex IITransitional Arrangements
2. Continuation of Laws
All laws, regulations, and judicial rules of procedure in effect within theterritoryofBosnia and Herzegovinawhen the Constitution enters into force shall remain in effect to the extent not inconsistent with the Constitution, until otherwise determined by a competent governmental body ofBosnia andHerzegovina.