The amount of alimony defined on the basis of personal income realized abroad does not constitute discrimination under the European Convention for the Protection of Human Rights and Fundamental Freedoms.
• Decision No. U 11/00 of 18 and 19 August 2000, published in the Official Gazette of Bosnia and Herzegovina, 6/01
Article 14 of the European Convention protects the persons (including the legal persons) in “corresponding situations” from discriminating differences in treatment; for the purpose of Article 14 of the European Convention, the treatment is discriminatory if “it has no objective and reasonable justification”, that is, if it does not pursue a legitimate aim or if there is not a reasonable relationship of proportionality between the means employed and the aim sought to be achieved.
• Decision on Admissibility and Merits No. AP 98/03 of 27 October 2004, paragraph 34, published in the Official Gazette of Bosnia and Herzegovina, 15/05; the ordinary courts took a different decision in the same factual and legal situation with regards to the appellant and other defendant’s employees on the defendant’s right to be sued
In the instant case, the criminal proceedings against the appellants were instituted and completed in accordance with the legal competencies of the public prosecutor and the court, and the fact that the proceedings were not initiated against another person regarded by the appellants as a responsible person, is not a basis for making a conclusion on their discrimination.
• Decision on Admissibility and Merits No. AP 612/04 of 30 November 2004, paragraph 37, published in the Official Gazette of Bosnia and Herzegovina, 19/05; criminal proceedings, taking bribes; there is no violation of Article 14 of the European Convention and Article II(4) of the Constitution of BiH
Any different treatment is regarded as discrimination if there is no reasonable and objective justification, i.e. if it does not pursue the legitimate aim or if there is no reasonable relationship of proportionality between the means employed and the aim sought to be achieved.
• Decision on Admissibility and Merits No. AP 420/04 of 18 January 2005, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 40/05; labor status; there is no violation of Article 14 of the European Convention and Article II(4) of the Constitution of BiH;
• Decision on Admissibility and Merits No. U 43/03 of 17 May 2004, paragraph 40, published in the Official Gazette of Bosnia and Herzegovina, 34/04; civil proceedings with the aim of constituting the housing right
Discrimination implies a different treatment in enjoyment of rights and freedoms between individuals or groups, and not with regards to the individual himself/herself in several different situations.
• Decision on the Merits No. AP 825/04 of 13 September 2005, paragraph 33, published in the Official Gazette of Bosnia and Herzegovina, 3/06; proceedings of determination of the obligations to pay default interest on the pecuniary claims, different application of legal provisions relating to the determination of default interest; there is no violation of Article 14 of the European Convention and Article II(4) of the Constitution of BiH
The Constitutional Court concludes that the allegations made by the appellant as to the discrimination in the respective proceedings under Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention in connection with the right to social insurance under Article 9 of the International Covenant on Economic, Social and Cultural Rights, as the Agreement, which was applied in the present case, was the result of constitutional and legal regulation of the pension system in Bosnia and Herzegovina, which application necessarily made a difference in individual monthly amounts of pensions.
• Decision on Admissibility and Merits No. AP 759/08 of 9 February 2011, paragraph 67, published in the Official Gazette of Bosnia and Herzegovina, 41/11; the request for the transfer from the RS Fund to the FBiH Fund – leading decision, there is no violation of Article 14 of the European Convention and Article II(4) of the Constitution of BiH;
• Decision on Admissibility and Merits No. AP 1071/09 of 22 February 2011, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 47/11
The Constitutional Court holds that the challenged decisions did not violate the appellant’s right to non-discrimination in connection with the right to equality of spouses under Article 5 of Protocol No. 7 to the European Convention, since differential treatment of a parent who lives with the child and the one who is entitled to a personal and direct contact with the child arises from the linguistic interpretation of the relevant provisions of the Family Law, which the challenged decisions were based on. This distinction which distinction was primarily made for the sake of the interest of the child that actually prevail over the interests of any parent for that matter.
• Decision on Admissibility and Merits No. AP 3557/08 of 9 November 2011, paragraph 56;
• Decision on Admissibility and Merits No. AP 4468/11 of 27 June 2012, paragraph 54; divorce, child custody; there is no violation of Article 14 of the European Convention and Article II(4) of the Constitution of BiH
There has been no violation of the appellant’s 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 under Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention, since there exists an objective and reasonable justification for the differential treatment of the defendant whom with the children live when compared to the appellant’s rights whom the children do not live with.
• Decision on Admissibility and Merits No. AP 4468/11 of 27 June 2012, paragraph 53; divorce, child custody; there is no violation of Article 14 of the European Convention and Article II(4) of the Constitution of BiH
The Constitutional Court concludes that there is 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 connection with the right of access to court as a segment of the right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention, because the appellant’s lawsuit was rejected as inadmissible within the meaning of the provision of Article 43 of the Family Law of FBiH, which is discriminatory as it leads to a differential treatment of the appellant on the basis of sex, without a reasonable and objective justification for such a differential treatment.
• Decision on Admissibility and Merits No. AP 369/10 of 24 May 2013, paragraph 38, published in the Official Gazette of Bosnia and Herzegovina, 51/13; the admissibility of a lawsuit seeking divorce; a violation of Article 14 of the European Convention and Article II(4) of the Constitution of BiH in connection with Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention
The Constitutional Court concludes that the courts violated the right to 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, as they applied the 1980 Inheritance Law without observing the determination in the 2005 Family Law of FBiH that common-law partners living together for more than three years are treated legally the same way that married couples are as regards rights and obligations, including property rights, and the courts dismissed the appellant’s request that he be recognized the right to take part in the probate proceedings as an heir at law in the first line of succession after the death of the testator.
• Decision on Admissibility and Merits No. AP 4207/13 of 30 September 2016, paragraph 37, published in the Official Gazette of Bosnia and Herzegovina, 83/16; violation of Article 14 of the European Convention and Article II(4) of the Constitution of Bosnia and Herzegovina in conjunction with Article II(3)(k) of the Constitution of BiH and Article 1 of Protocol No. 1 to the European Convention
