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Bosnia and Herzegovina

Civil lawFederal parliamentary republicReviewed· 2026-08-02
Capital
Sarajevo
Population
3,200,000
Languages
Bosnian, Croatian
Currency
BAM

Bosnia and Herzegovina · Rights

Rights in Bosnia and Herzegovina

What the atlas records on rights in Bosnia and Herzegovina, checked against the primary sources cited below.

Rights

The Dayton constitution, two entities and a court with international judges

Reviewed· 2026-08-02

The Constitution is Annex 4 of the 1995 Dayton Peace Agreement. It creates a state with limited competences alongside two autonomous entities and the Brčko District, with a Constitutional Court that includes three judges appointed by the European Court of Human Rights.

Key rules

  • Competences not expressly given to the state belong to the entities.
  • Three of the nine Constitutional Court judges are appointed from outside Bosnia and Herzegovina.
  • Entity vetoes and vital-interest mechanisms can block state-level decisions.

Governing law

  • Constitution of Bosnia and Herzegovina (Dayton Annex 4, 1995)
  • Constitutions of the Federation of BiH and Republika Srpska

In practice

Always establish the level of government first: state, entity, canton or Brčko District, because each has its own legislation and courts.

Sources

Rights

The ECHR with direct effect and priority over all other law

Reviewed· 2026-08-02

The Constitution gives the European Convention on Human Rights direct application and priority over all other law. The Constitutional Court hears appeals alleging violations, and its case law is the main domestic human-rights jurisprudence.

Key rules

  • The ECHR applies directly and has priority over all other law in Bosnia and Herzegovina.
  • An appeal to the Constitutional Court lies against final judgments violating Convention rights.
  • Discrimination in eligibility for high office has been repeatedly found to breach the Convention.

Governing law

  • Constitution of BiH, Article II (1995)
  • European Convention on Human Rights

In practice

Strasbourg rulings such as Sejdić and Finci remain unimplemented, so constitutional eligibility rules still conflict with the Convention.

Sources

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Rights in Bosnia and Herzegovina | LawLegiance