Strategic Litigation-Litigation of Public Interest and Positive Aspect of Impact on the Protection of Human Rights and Freedoms Cover Image

Strateško parničenje-parnica od javnog interesa i pozitivni aspekti uticaja na zaštitu ljudskih prava i osnovnih sloboda
Strategic Litigation-Litigation of Public Interest and Positive Aspect of Impact on the Protection of Human Rights and Freedoms

Author(s): Kemo Sarač
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Sociology of Law
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: strategic litigation; litigation; the Constitution of Bosnia and Herzegovina; the Constitutional Court of Bosnia and Herzegovina; human rights and fundamental freedoms;

Summary/Abstract: Protection of human rights and fundamental freedoms is the challenge that Bosnia and Herzegovina has been facing for more than two decades, especially in the context of non-discrimination. The challenge becomes even more complex if one keeps in mind the period of transition that Bosnia and Herzegovina is passing through. Even though the Constitution of Bosnia and Herzegovina encompasses 16 international normative documents for protection of human rights, the practice proves quite the opposite. Effective protection of human rights and fundamental freedoms seems to have never been on a lower scale. Litigation of public interest is an effective method for protection as it implies inventiveness of the process itself, as well as the involvement of wider society and media towards full protection of human rights. The matter of strategic litigation is the question of willingness to change a long-standing negative practice or legislation, as well as to reach and influence such change through judicial system of government.

  • Issue Year: 11/2018
  • Issue No: 22
  • Page Range: 181-210
  • Page Count: 30
  • Language: Bosnian