Article 1 of the Universal Declaration of Human Rights adopted precisely 70 years ago (10 December 1948) by the United Nations General Assembly reads: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. The starting basis for the Universal Declaration is that every person everywhere and at all times is entitled to a series of human rights, and that human rights belong equally to everyone without discrimination on any basis whatsoever and bind us together as a global community with the same values and ideals.
Precisely because of that universality and the value it proclaims, the day of the adoption of the Universal Declaration has been accepted as the International Human Rights Day that is observed by the Constitutional Court of Bosnia and Herzegovina too, which, as it exercises its constitutional competence, has become a synonym for the protection of human rights in Bosnia and Herzegovina. The Universal Declaration was the basis for subsequent adoption of a number of other international documents, including the very European Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention), which the Constitutional Court has applied on a daily basis in its work through its appellate jurisdiction, as well as through the normative (abstract) jurisdiction, thus becoming a very important factor in raising awareness about respect for and protection of human rights in Bosnia and Herzegovina.
By marking this day the Constitutional Court recalls that human rights are the prerequisite for freedom, peace, tolerance and justice throughout the world. They are based on the idea of equality, tolerance and solidarity. The fundamental goal of the respect for and protection of human rights is human dignity. In that regard, it is important to emphasize that the State must always respect a human as a person and protect the human rights of individuals from the State and other persons alike. On the other hand, no one may use their rights in such a way as to endanger the rights of another. Human rights may be restricted only in special circumstances and in conformity with the law.
The Constitutional Court emphasizes that it applies directly in its work the standards referred to in the European Convention, and follows and adheres to the case-law of the European Court of Human Rights. However, it is important to mention that human rights themselves and the European Convention are not static and unchangeable, rather on the contrary, in keeping with changes within the society and the needs of individuals in the society, they are subject to constant changes. Namely, it would be illusory to expect to create a democratic society without realizing the idea of human rights contained therein. Insisting on human rights is the best way to develop a democratic culture of citizens and to create a sense of belonging to a democratic community. Therefore, a society is democratic to such an extent and scope to which human rights and freedoms of individuals are respected and appreciated in such a society.
The Constitutional Court emphasizes that human rights must not be illusory, they must be efficient and enforceable in practice. In view of the aforementioned, the efficient enforcement of the decisions of the Constitutional Court, which are final and binding, which the Constitutional Court continually recalls, comes to be of relevance. In addition, the direct application of the European Convention by ordinary courts, which decide on human rights of individuals as they resolve cases, plays an important role in the protection of human rights.
The Constitutional Court emphasizes that it will continue to protect human rights through the exercise of its competence, all for the purpose of Bosnia and Herzegovina, as a democratic state, based exclusively on the rule of law, to approximate its path toward the European Union and its values, as well as toward civilizational processes of a contemporary society.
