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Zornić v. Bosnia and Herzegovina, No. 3681/06, ECtHR (Fourth Section), 15 July 2014

Abstract

General prohibition of discrimination and limitation of the right to passive electorate in the event of non-affiliation with one of the "constituent peoples" provided for by the Bosnian Constitution.

Normative references

Art. 14 ECHR
Art. 3 Prot. 1 ECHR
Art. 1 Prot. 12 ECHR

Ruling

1. A specific requirement of belonging to an ethnic group to be able to run for high office in a State constitutes a violation of art. 14 of the Convention combined with art. 3 of Prot. 1. 

2. An ethnic requirement to be able to exercise the right to stand as a candidate represents a violation of art. 1 Prot. 12 of the Convention, as it is a provision that discriminates, without an objective and reasonable motivation, people who do not belong to a specific ethnic group.
(In the present case, the applicant, not wanting to define herself as an affiliate of one of the constituent peoples of Bosnia-Herzegovina, was deprived of the right to stand as a candidate for the Presidency of Bosnia, an institution for which the requirement of ethnicity is expressly provided).
 

Notes

For the decision of the case similar to the present one, see also judgment Sejdić and Finci v. Bosnia and Herzegovina, Nos. 27996/06, 34836/06, ECtHR (Grand Chamber), 22 December 2009.