In order for the Constitutional Court to examine the allegations of the appellant in accordance with Article II(4) of the Constitution of Bosnia and Herzegovina, the appellant should prove that the competent authorities discriminated against him on the basis of a labor relationship. However, the Constitutional Court did not have evidence indicative of a possible discrimination, so that it decided to dismiss as ill-founded this part of the appeal.
• Decision No. U 23/03 of 24 October 2003, paragraph 33, published in the Official Gazette of Bosnia and Herzegovina, 8/04;
• Decision No. U 89/03 of 20 December 2003, paragraph 33, published in the
Official Gazette of Bosnia and Herzegovina, 6/04;
• Decision No. U 90/03 of 20 December 2003, paragraph 32, published in the Official Gazette of Bosnia and Herzegovina, 6/04; non-discrimination relating to the right to labor under Article 6 of the International Covenant on Economic, Social and Cultural Rights;
• Decision on the Merits No. AP 218/05 of 23 February 2006, paragraph 29, published in the Official Gazette of Bosnia and Herzegovina, 32/06
The Court took and gave reasons for a Decision on legal qualification, culpability and punishment with regards to every appellant, while a different qualification of the act and punishment with regards to a person on whom a more lenient punishment was imposed due to a plea bargain made with the Prosecutor’s Office, does not constitute in itself a different treatment of the appellant within the meaning of Article 14 of the European Convention. In fact, the result of the overall judicial assessment of evidence, as well as the conduct and personal circumstances of the appellant, which the courts provide detailed reasons for.
• Decision on the Merits No. AP 215/05 of 12 April 2006, paragraph 81, published in the Official Gazette of Bosnia and Herzegovina, 68/06
The ordinary court and administration bodies violated the prohibition of discrimination under Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention in conjunction with the right to property under Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention, by applying the 1998 Law on Pension and Disability Insurance and without observing the 2005 Family Law of FBiH determination to consistently make the common-law marriage, which had lasted for 17 years in the present case, equal to the marriage with respect to all the rights and obligations, including property rights, and by dismissing the appellant’s request that she be recognized the right to family pension as a family member of the deceased insurance beneficiary.
• Decision on Admissibility and Merits No. AP 4077/16 of 11 October 2018, paragraph 36, published in the Official Gazette of Bosnia and Herzegovina, 80/18; acquisition of the right to family pension, violation of Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention in conjunction with the right to property under Article II(3)(k) of the Constitution of BiH and Article 1 of Protocol No. 1 to the European Convention
In the present case there had been a violation of the prohibition of discrimination under Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention in conjunction with the right to property under Article II(3)(k) of the Constitution of BiH and Article 1 of Protocol No. 1 to the European Convention, where, due to incompatibility between relevant legal regulations (Labor Law and Law on Pension and Disability Insurance) in relation to meeting conditions concerning the age required for one to acquire the right to pension, the appellant found himself in a situation to be treated unequally in comparison to all other persons who exercised the right to pension upon reaching 40 years of pension-qualifying experience. The Constitutional Court indicated that the responsibility for such a situation lies on the legislator who, by passing the relevant laws, failed to harmonize the conditions for the termination of an employment contract as a result of having reached 40 years of pension-qualifying experience and the right to old-age pension.
• Decision on Admissibility and Merits No. AP 598/17 of 10 April 2019, paragraph 41, published in the Official Gazette of Bosnia and Herzegovina, 32/19; exercise of the right to old-age pension, violation of Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention in conjunction with the right to property under Article II(3)(k) of the Constitution of BiH and Article 1 of Protocol No. 1 to the European Convention
The Constitutional Court deems that the challenged decisions provided clear and well- argued reasoning that the appellant had actually been treated in the same manner as other students in the same situation who were not obligated, due to justified absence from classes (more than ¼ of the entire fund of teaching hours) to sit the exam in question or class exam. It follows from the aforementioned that ”Druga gimnazija” Sarajevo did not discriminate against the appellant, therefore, his education was not brought into question. The reason being that this implied that the appellant should have complied in the given circumstances, within the meaning of the aforementioned positions of the European Court, with the regulations “established by the State” and, within the meaning of Article 89 of the Law on Secondary Education, sit exams in the mentioned subjects, which is a precondition for one to enroll the next school year. Different interpretation, in a sense that the appellant, due to his illness, should not sit exams at all and that he should “automatically” move – be enrolled in the second year, is contrary to the sense of the provisions of the mentioned law and would, at the same time, if interpreted and treated in such a way, actually raise the issue of discrimination against other students who may enroll the next school year only provided that they had completed the previous year, namely that they had received marks in all subjects. Accordingly, the Constitutional Court is of the opinion that the appellant was not deprived of the right of access to an educational institution which he had chosen, or the right to education, in accordance with the rules in force, and that he was not discriminated against in the exercise of that right within the meaning of Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention.
• Decision on Admissibility and Merits No. AP 3401/17 of 11 June 2019, paragraph 56, published in the Official Gazette of Bosnia and Herzegovina, 48/19; the right of access to educational institution, no violation of Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention in conjunction with the right to education under Article II(3)(l) of the Constitution of BiH and Article 1 of Protocol No. 2 to the European Convention
The Constitutional Court concludes that in the proceedings concerning the appellant’s claim for payment of salary during her absence from work due to pregnancy, childbirth and childcare, the administrative authorities and the ordinary court failed to offer reasons and arguments in support of the existence of a reasonable relationship of proportionality in the appellant’s case, which would justify a difference in treatment (solely on grounds of nationality) for the purposes of Article 14 of the European Convention, nor is there anything arising from the facts of the particular case, thereby violating the right to non- discrimination under Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention in connection with the right to family life referred to in Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention.
• Decision on Admissibility and Merits No. AP 324/18 of 27 November 2019, paragraph 44, published in the Official Gazette of Bosnia and Herzegovina, 84/19; a violation of Article II(4) of the Constitution of BiH and Article 14 of the European Convention in connection with the right to family life referred to in Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention established
