A Neglected Right : Prospects for the Protection of the Right to be Elected in Bosnia and Herzegovina / / Senada Zatagić, Soeren Keil, Jelena Dzankic

• Record Nr.: UNINA9910953900003321
• Autore: Zatagić Senada
• Pubbl/distr/stampa: Hannover, : ibidem, 2022
• ISBN: 3-8382-7521-7
• Edizione: [1st ed.]
• Descrizione fisica: 1 online resource (179 pages)
• Collana: Balkan Politics and Society ; 6
• Disciplina: 949.74203
• Soggetti: Bosnia and Herzegovina; Bosnien und Herzegowina; Constitution; Right of Election; Verfassung; Wahlrecht
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Nota di contenuto: Intro -- ABBREVIATIONS -- TABLES -- ACKNOWLEDGEMENTS -- Introduction -- 1. The Right to be Elected as a Basic Human Right -- 1.1. Political Participation -- 1.2. Active and Passive Suffrage -- 1.3. Conceptual Development of the Right tobe Elected -- 1.4. Guarantee of the Right to be Elected in International and Regional Human Rights Law -- 1.5. Guarantee of the Right to be Elected in Comparative Constitutional Law -- 1.6. Limitations of the Right to be Elected -- 2. Protection of the Right to be Elected in the European Convention on Human Rights-Case Study of Bosnia and Herzegovina -- 2.1. The Protection of the Right to be Elected in Bosnia and Herzegovina -- 2.2. The European Court of Human Rights' Evaluation of the Cases concerning the Discrimination in Enjoyment of the Right to be Elected in Bosnia and Herzegovina -- 2.3. The Impact of the European Court of Human Rights Decisions Concerning the Right to be Elected in Bosnia and Herzegovina -- 2.3.1. The Impacts of the European Court of Human Rights Decisions to the EU-Membership Process -- 3. Protection of the Right to be Elected in the Americas and Africa -- 3.1. ; Inter-American Court of Human Rights Case Law -- 3.2. African Court on Human and Peoples' Rights Case Law -- Concluding Remarks -- Bibliography.
• Sommario/riassunto: The right to be elected, although an important political right guaranteed in human rights documents on international and regional levels, is still an under-researched and undertheorized concept with many synonyms in use. While the right to vote is often correlated with democracy, the closely related right to be elected is often neglected, and the constitutions of most countries are silent about it. The 2009 European Court of Human Rights (ECtHR) decision in the case of Sejdić and Finci v. Bosnia and Herzegovina started the discussions concerning the discrimination in enjoyment of the right to be elected in Bosnia and Herzegovina. Although the right to be elected is not explicitly guaranteed in the Dayton Constitution but only in the Law on Election, the ECtHR considered equal enjoyment of this right by everyone in Bosnia and Herzegovina of high importance and declared the relevant Dayton Constitution’s provisions discriminatory. The book explains the conceptual relevance of the right to be elected, its interrelatedness with the right to vote and both these rights’ significance for democratic systems. Through analyzing and explaining the regional human rights tribunal’s decisions concerning the right to be elected, the importance of this political right is elucidated.