Practical application of the ECHR

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Published: June 23, 2026

Bosnia and Herzegovina has been a member of the Council of Europe since 2002 and has signed the European Convention on Human Rights (ECHR) together with its additional protocols. Unlike in Germany, the application of the ECHR is enshrined directly in the Constitution of Bosnia and Herzegovina (Article 2) and takes precedence over all other laws.

Given the constitutional significance of the ECHR in Bosnia and Herzegovina, and in view of the fact that the number of complaints from Bosnia and Herzegovina received by the European Court of Human Rights (ECHR) is relatively low compared with other states, we held discussions with trainee judges in Sarajevo on 11 and 12 June 2026 on Article 5 (Liberty and Security), Article 6 (Fair Trial) and Article 14 (Prohibition of Discrimination) of the ECHR. The seminar focused on the obligations arising for the governments of the signatory states under the European Convention on Human Rights: What significance does the ECHR have for the drafting of judgements by national courts? When does discrimination occur, and how do direct and indirect discrimination differ?

Both the expert representing the IRZ and one of the speakers from Bosnia and Herzegovina practise as lawyers and represent clients before the ECtHR. This gave the seminar content a particularly practical relevance for the participants. The seminar was rounded off by the participants working together to resolve sample cases drawn from the ECtHR’s case law.