Monday, 13 September 2010

Case Note on Sejdic and Finci

Marko Milanovic (University of Nottingham) has written a case note on the case of Sejdic and Finci v. Bosnia and Herzegovina for the American Journal of International Law (vol. 104, 2010), which he has also published on SSRN. The case, on which I reported here, concerns discriminatory provisions in the Bosnian Constitution, which is part of the Dayton peace agreement. This is the abstract of the case note:

This case note analyzes the Sejdic and Finci v. Bosnia and Herzegovina case decided by the Grand Chamber of the European Court of Human Rights on 22 December 2009. This was the first case in which the Court applied the far-reaching general prohibition of discrimination in Protocol No. 12 to the European Convention, and did so with regard to a politically volatile situation of electoral discrimination based on ethnicity in a post-conflict society - discrimination that was in fact institutionalized in order to end a war. Likewise, as the implementation of the Court's judgment requires an amendment to the Bosnian Constitution, the case poses significant compliance challenges, which are also likely to arise in a number of other cases currently pending before the Court. All of these issues make this a case deserving of continuing attention.

1 comment:

UK news writer said...

Forgive me for my ignorance, but I am not quite sure what it means: discrimination that was "institutionalized in order to end a war". If the society is post-conflict, and the discrimination somehow serves to prevent war from breaking out (although I personally cannot imagine how that is so), then would not the prohibition of discrimination be disadvantageous to the abovementioned post-war society?