e Constitution of Bosnia and Herzegovina stipulates that the members of
the three-member Presidency of BiH may be Bosnian-Herzegovinian citizens
who are members of one of the three constituent peoples of Bosnia-Herzegovina
– Bosnians, Croats and Serbs.
The Constitution of Bosnia and Herzegovina stipulates that the members of
the three-member Presidency of BiH may be Bosnian-Herzegovinian citizens
who are members of one of the three constituent peoples of Bosnia-Herzegovina
– Bosnians, Croats and Serbs. Other BiH citizens who are not members
of one of the three constituent nations (the constitutional category "others”)
are negatively discriminated because they are not allowed to be members of
the BiH Presidency. Therefore, the European Court of Human Rights in cases
Sejdić and Finci v. BiH, Zornić v. BiH, and Šlaku v. BiH found that such a
constitutional provision means a violation of Article 1 of Protocol 12 to the
ECtHR. In the case of Pilav v. BiH, the European Court of Human Rights confirmed
that the Constitution of BiH also causes territorial discrimination and
inequality between the constituent peoples of BiH themselves. Although the
domestic and foreign political and professional public have been striving for
the implementation of the aforementioned judgments of the European Court
of Human Rights as early as possible, constitutional discrimination has not yet
been resolved. The author analyses the constitutional-reform proposals presented
to the public and finds out what constitutional solution is most legally
suitable for BiH and which is most politically acceptable. She also presents a
constitutional-reform solution which according to her is most appropriate for
BiH.
Key words: discrimination, the Presidency of BiH, the Constitution of BiH,
Sejdić and Finci v. Bosnia and Herzegovina, Zornić v. Bosnia and Herzegovina,
Šlaku v. Bosnia and Herzegovina and Pilav v. Bosnia and Herzegovina.