Human Rights and Fundamental Freedoms

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:

1. The right to life.

2. The right not to be subjected to torture or to inhuman or degrading treatment or punishment.

3. The right not to be held in slavery or servitude or to perform forced or compulsory labor.

4. The rights to liberty and security of person.

5. The right to a fair hearing in civil and criminal matters, and other rights relating to criminal proceedings.

6. The right to private and family life, home, and correspondence.

7. Freedom of thought, conscience, and religion.

8. Freedom of expression

9. Freedom of peaceful assembly and freedom of association with others.

10. The right to marry and to found a family.

11. The right to property 12. The right to education.

13. 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 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 instrumentality 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 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 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.