Article 5 of the Ant-discriminatory Law determines general conditions for justifying disparate treatment as well as the list of concrete exemption from the principal of equal treatment. Considering the complexity of this topic, the question is do decision makers in this cases have relevant knowledge and information about the implementation of Article 5 of this Law.
Therefore, this Analitika's Commentary analysis key approaches for understanding exceptions from the equal treatment and justifying disparate treatment according to two, for Bosnia and Herzegovina, important law sources and standards in this field: The European Convention on Human Rights and relative EU directives. Except for that, in this publication we present some of challenges that European Court for Human Rights and European Court of Justices faced with, trying to identify border of disparate treatment in their jurisprudence. Finally, in this text we predict potential challenges for Bosnia and Herzegovina in implementing Article 5 of the Law. Recommendations based on the experience of two Europan courts for possible challenges in Bosnia and Herzegovina are also presented.
Commentary When can disparate treatment be justified? Exception from the principle of equal treatment in Law in Bosnia and Herzegovina in the light of jurisprudence of the European Court of Human Rights and the European Union Law in local languages can be found HERE.
Policy brief is published within the project “Equality for All: Civil Society Coalition against Discrimination“ and is implemented in cooperation with Mediacentar Sarajevo, Analitika – Center for Social Research, Rights for All and Vaša prava BiH. This project is financed by USAID and Open Society Fund Bosnia and Herzegovina.
This publication is published by the generous support of the American People through the United States Agency for International Development (USAID). The contents of this policy brief are the sole responsibility of the Author and do not necessarily reflect the views of USAID or the United States Government.