Obavještenje o derogaciji Evropske konvencije za zaštitu ljudskih prava i temeljnih sloboda – pravi put za Bosnu i Hercegovinu?
Notification of derogation from the European Convention of Human Rights – the right avenue for Bosnia and Herzegovina?

Author(s): Nasir Muftić
Subject(s): International Law, Human Rights and Humanitarian Law, Public Law, Health and medicine and law, EU-Legislation
Published by: Fondacija Centar za javno pravo
Keywords: BiH; public law; COVID-19; European convention; human rights;
Summary/Abstract: The global pandemic caused by the COVID-19 requires state action for purposes of protecting public health. The hitherto measures undertaken by Bosnia and Herzegovina for purposes of tackling the pandemic interfere with the rights guaranteed under the European Convention of Human Rights. As Article 15 of the Convention allows a state to derogate from certain provisions guaranteeing human rights, the point of focus is whether this avenue should be pursuit in case of Bosnia and Herzegovina. The paper argues that derogation would do more harm than good. It presents the role of notification as a formal requirement for derogation and elaborates on its connection with the expanded of margin of appreciation. Due to the previous experiences, the European Court of Human rights is likely to afford a wide margin of appreciation to Bosnia and Herzegovina regardless of the derogation. Furthermore, the paper outlines the issues related to derogation and COVID-19, focusing on the impact of vagueness of the information provided in notification, the problems with the supervision of the European Court of Human Rights, and the potential of abuse.

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