Dissenting opinion of Judge Bonello in the case of Sejdić and Finci, Nos. 27996/06, 34836/06, ECtHR (Grand Chamber), 22 December 2009

Impossibility for Bosnian Roma and Jewish citizens to run for certain institutional positions in Bosnia and Herzegovina.

Art. 14 ECHR
Art. 3 Prot. 1 ECHR
Art. 1 Prot. 12 ECHR

1. When the electoral law of one State provides rules to limit the passive electorate for certain categories of citizens, it is not necessarily to be considered in the face of a violation of the general prohibition of discrimination provided for by art. 1 Prot. 12 ECHR.

2. Such a restriction may find a historical justification or be the result of the desire to establish certain fundamental values such as reconciliation and peace. Moreover, the Strasbourg Court has not, over the years, been unequivocal in its condemnation of restrictions on electoral rights on the basis of a wide range of justifications and reasons.