HUMAN RIGHTS DEROGATION IN THE STATE OF EMERGENCY – THE CASE OF BOSNIA AND HERZEGOVINA

Abstract

Human rights and their protection are a key segment of the constitutional order in Bosnia and Herzegovina. Article II of the Constitution of Bosnia and Herzegovina, as well as the Annex I to the Constitution of Bosnia and Herzegovina comprise an impressive list of human rights and international instruments to be applied in Bosnia and Herzegovina. However, in nowadays Bosnia and Herzegovina human rights grow to voice like empty platitudes used very often for daily political purposes, without real understanding of the notion and with no awareness of the effective mechanisms for their protection. In addition, the Constitution of Bosnia and Herzegovina includes neither provisions on human rights restriction nor provisions on the state of emergency or the state of war. Therefore, this paper aims at showing the certain specific features with regard to the possible human rights derogation in Bosnia and Herzegovina, arising from the mandatory direct applicability of the European Convention on
Human Rights and Fundamental Freedoms in Bosnia and Herzegovina.