| BOSNIA AND HERZEGOVINA Bosnia and Herzegovina Bosna i Hercegovina Joined United Nations: 22 May 1992 Human Rights as assured by their constitution Updated 22 February 2013 |
Article II Human Rights and Fundamental Freedoms
Paragraph 1 Human Rights
Bosnia and Herzegovina and 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 for Bosnia and Herzegovina as provided for in Annex 6 to the General
Framework Agreement.
Paragraph 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 in Bosnia and Herzegovina. These shall have priority over all other law.
Paragraph 3 Enumeration of Rights
All persons within the territory of Bosnia and Herzegovina shall 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.
Paragraph 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.
Paragraph 5 Refugees and Displaced Persons
All refugees and displaced persons have the right freely to return to their homes of origin. They have the right, in accordance with Annex
7 to the General Framework Agreement, to have restored to them property of which they were deprived in the course of hostilities since
1991 and to be compensated for any such property that cannot be restored to them. Any commitments or statements relating to such
property made under duress are null and void.
Paragraph 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.
Paragraph 7 International Agreements
Bosnia and Herzegovina shall remain or become party to the international agreements listed in Annex I to this Constitution.
Paragraph 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.
Paragraph 1 Human Rights
Bosnia and Herzegovina and 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 for Bosnia and Herzegovina as provided for in Annex 6 to the General
Framework Agreement.
Paragraph 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 in Bosnia and Herzegovina. These shall have priority over all other law.
Paragraph 3 Enumeration of Rights
All persons within the territory of Bosnia and Herzegovina shall 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.
Paragraph 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.
Paragraph 5 Refugees and Displaced Persons
All refugees and displaced persons have the right freely to return to their homes of origin. They have the right, in accordance with Annex
7 to the General Framework Agreement, to have restored to them property of which they were deprived in the course of hostilities since
1991 and to be compensated for any such property that cannot be restored to them. Any commitments or statements relating to such
property made under duress are null and void.
Paragraph 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.
Paragraph 7 International Agreements
Bosnia and Herzegovina shall remain or become party to the international agreements listed in Annex I to this Constitution.
Paragraph 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.
Bosnia has been inhabited since neolithic times but the original inhabitants were replaced
by warlike Indo-Europeans known as Illyrians in the 13th Century BCE. Celts arrived around
the 4th Century BCE. Conflict with Rome began around 229 BCE and was finally absorbed
into the Roman Empire in 9 CE with Christianity introduced in the 1st Century. Ostrogoths
conquered the region in 455 followed by Alans and Huns until conquered by the Byzantine
Empire in the 6th Century. Following subjugation by Eurasian Avars, Slavs invaded the
region in the 6th and 7th Century until domination by the Franks in the 9th Century, with the
region being absorbed into the Serbian and Croatian Kingdoms as well as the arising of
Bosnian Kingdoms during the Middle Ages. The Ottoman Empire gained control in 1463 but
peasant uprising led to the Ottomans ceding the region to Austria-Hungary in 1878.
Following World War I, Bosnia was incorporated into the Kingdom of Serbs, Croats and
Slovenes which evolved into the Kingdom of Yugoslavia which was invaded by Germany in
World War II. The kingdom reverted to a socialist state in 1945. The decision to seek
independence fueled the Bosnian War of 1992 which led to the creation of the Federation of
Bosnia and Herzegovina in 1994. The present constitution was adopted on 1 December
1995. Human rights are enumerated beginning with Article II (Human Rights and
Fundamental Freedoms), conforms with the 1948 Universal Declaration of Human Rights of
which Bosnia and Herzegovina is a signatory and are detailed below. For a full English
translation of Bosnia and Herzegovina's Constitution, click here.
by warlike Indo-Europeans known as Illyrians in the 13th Century BCE. Celts arrived around
the 4th Century BCE. Conflict with Rome began around 229 BCE and was finally absorbed
into the Roman Empire in 9 CE with Christianity introduced in the 1st Century. Ostrogoths
conquered the region in 455 followed by Alans and Huns until conquered by the Byzantine
Empire in the 6th Century. Following subjugation by Eurasian Avars, Slavs invaded the
region in the 6th and 7th Century until domination by the Franks in the 9th Century, with the
region being absorbed into the Serbian and Croatian Kingdoms as well as the arising of
Bosnian Kingdoms during the Middle Ages. The Ottoman Empire gained control in 1463 but
peasant uprising led to the Ottomans ceding the region to Austria-Hungary in 1878.
Following World War I, Bosnia was incorporated into the Kingdom of Serbs, Croats and
Slovenes which evolved into the Kingdom of Yugoslavia which was invaded by Germany in
World War II. The kingdom reverted to a socialist state in 1945. The decision to seek
independence fueled the Bosnian War of 1992 which led to the creation of the Federation of
Bosnia and Herzegovina in 1994. The present constitution was adopted on 1 December
1995. Human rights are enumerated beginning with Article II (Human Rights and
Fundamental Freedoms), conforms with the 1948 Universal Declaration of Human Rights of
which Bosnia and Herzegovina is a signatory and are detailed below. For a full English
translation of Bosnia and Herzegovina's Constitution, click here.