By marking 10 December, the International Human Rights Day, the Constitutional Court of Bosnia and Herzegovina recalls that freedom, dignity and equality of every individual are the fundamental principles on which a modern democratic system rests. This date, established on the occasion of adoption of the Universal Declaration of Human Rights in 1948, obliges us to re-examine our own standards of protection of human rights and constantly improve them in line with development of society and needs of citizens.
One cannot speak of building a truly democratic society without applying the notion of human rights. Respect for human rights is the foundation of a democratic culture and a sense of being part of a community based on the rule of law. The level of democracy in a society is measured by the degree to which individual rights and freedoms are protected, valued and exercised in practice.
The Constitutional Court, as the highest institution for the protection of constitutionality and human rights in Bosnia and Herzegovina, achieves its mission on a daily basis through a direct application of the European Convention for the Protection of Human Rights and Fundamental Freedoms and staying updated with the case-law of the European Court of Human Rights. The Constitutional Court is the court of last resort for the protection of individual rights and freedoms, but also a guarantor that the rule of law will remain a key backbone of the democratic order.
In this respect, the Constitutional Court notes in particular that human rights must not exist only in laws, conventions, declarations-they must be alive, effective and feasible in everyday life. Effective protection of human rights includes timely decision-making, respect for the principle of fairness and equal access to institutions of justice.
For this reason, the Constitutional Court points out that it is important that this institution is fully functional. The incomplete composition of the court due to rejection or falling behind schedule in the procedure of selection of the new judges by the relevant authorities (which has been present for some time now) has inevitably affected the proper work of the Constitutional Court and may lead to a violation of citizens’ right to have access to the Constitutional Court and right to a decision within a reasonable time. Because of that, in the context of marking the Human Rights Day, the Constitutional Court stresses that appointment of the new judges as a matter of urgency is a necessary step in order to ensure that all citizens and other individuals who may appear as participants in the proceedings before the Constitutional Court exercise their constitutional rights fully.
Despite the challenges, the Constitutional Court remains dedicated to a consistent application of the highest human rights protection standards, strengthening of the rule of law and preservation of democratic values. Only a society that protects the dignity of each individual and ensures equality before law can be regarded as a truly democratic society.
On this day marking the Human Rights Day, the Constitutional Court reaffirms its unwavering commitment to the protection of rights and freedoms of all citizens of Bosnia and Herzegovina, convinced that solidarity, tolerance and respect for human dignity are the foundations of the future of our country.
