First published at 23:23 UTC on March 17th, 2022.
LINK TO COURT RULING: https://www.ustavnisud.ba/en/143rd-session-of-the-grand-chamber
I want to share with you here a positive story from Bosnia and Herzegovina (BiH) regarding the protection of human and constitutional rights of citizens.
Apart from the fact that more than a year ago, the Constitutional Court of BiH declared the obligation to wear masks and restriction of free movement unconstitutional, we also have new rulings.
On February 23rd 2022 following the appeal by lawyer Ajanović, the Constitutional Court of BiH issued a decision (AP 3932/21) declaring the COVID certificate unconstitutional and declaring mandatory vaccination unconstitutional, both introduced by narrow segments of executive power branch.
This was adjudicated by the Grand Chamber of the Constitutional Court and 3 international judges.
The Court even criticized the Parliament - how it could allow the executive branch to allow violations of the rule of law and democracy in the country.
According to the Court's ruling, those who disobey this decision should be prosecuted under criminal law and sentenced for six months to five years.
The Nuremberg Code and Council of Europe Resolution 2361 were also accepted as arguments.
The Constitutional Court has ordered that public authorities must act immediately according to this ruling and harmonize their actions with the BiH Constitution and the European Convention on Human Rights.
This is a victory against segregation and discrimination and proof of what the people can do when united.
I congratulate Bosnia and Herzegovina (BiH) on this example of the protection of human and constitutional rights the whole of Europe can learn from.