Ustavna zaštita ljudskog dostojanstva u Bosni i Hercegovini
CONSTITUTIONAL PROTECTION OF HUMAN DIGNITY IN BOSNIA AND HERZEGOVINA

Summary/Abstract: The Constitution of Bosnia and Herzegovina does not contain a legal norm with explicit guarantees of human dignity. This fact certainly does not go in favour to citizens who ask for protection of constitutionally guaranteed human rights in such complex state. The legal character of human dignity as a human right and a private personal good, caveats to its constitutional protection in legal system of BiH and opportunities to solve them were explored in this paper. The key issues identified are: a narrow interpretation of the material appellate jurisdiction of the Constitutional Court; unclear applicability of international instruments listed in Annex I of the Constitution of BiH; vague relationship of public and private rights witin the legal system of B&H. Solutions to overcome these obstacles have been suggested, such as constitutional, legal and doctrinal measures to extend material appellate jurisdiction of the Constitutional Court; extensive application of the institution of a general prohibition of discrimination; development of „effects of radiation“ doctrine; constitutional establishment or doctrinal development of the concept of general right of personality.

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