Logo law and pluralism
Logo Università Bicocca

Constitutional Court of Bosnia and Herzegovina (Ustavni sud Bosne i Hercegovine), No. U-5/98, 1 July 2000

Abstract

Presence of discriminatory elements between different ethnic groups within the Constitution. 

Normative references

Art. 1, par. 4, Constitution of Bosnia and Herzegovina 
Art. 68, par. 16, Constitution of Republika Srpska 

Ruling

1. In a consociative democracy, all ethnic groups in the country must have the right to representation in parliament and there must be no inequalities of any kind.

2. The fact that the Constitution of one of the Entities forming Bosnia and Herzegovina provides for differentiated and privileged treatment of one ethnic group, while discriminating against the others, constitutes a violation of Article I, paragraph 4 of the Constitution of Bosnia and Herzegovina.
(The Republika Srpska, one of the entities that make up Bosnia and Herzegovina, had provided for the existence of certain privileges for the ethnic Serbs population).