Sejdić and Finci v. Bosnia and Herzegovina, Nos. 27996/06, 34836/06, ECtHR (Grand Chamber), 22 December 2009

Inability of Roma and Jewish citizens to stand for election to highest political offices in Bosnia and Herzegovina.

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

1. Discrimination based on a person's "race" cannot be objectively justified in today's democratic society. The constitutional provisions that limit passive electorate on this basis are therefore in contrast with art. 14 of the ECHR and with art. 1 of Prot. no. 12.

2. Some form of limitation to the passive electorate may be admitted with respect to art. 3, Prot. 1 ECHR, but in this case there is no objective justification.
(In the present case, the two applicants had been excluded from the possibility of running for presidencies and for a branch of the Parliamentary Assembly because they did not belong to one of the constituent peoples provided for by the Constitution of Bosnia and Herzegovina).