Pravni Vjesnik (Dec 2017)

PROCEDURE OF THE INSTITUTION OF HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA IN CASES OF DISCRIMINATION

  • Ljubinko Mitrović

DOI
https://doi.org/10.25234/pv/5427
Journal volume & issue
Vol. 33, no. 3-4
pp. 165 – 178

Abstract

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Human Rights Ombudspersons or national institutions for the protection of human rights in most of modern countries today are independent institutions established with the aim of promoting good governance and the rule of law, as well as protection of human rights and fundamental freedoms. Their jurisdiction includes, as a rule, protection and promotion of human rights and freedoms, as well as the functioning of the national preventive mechanisms for the prevention and the prevention of torture and other cruel, inhuman or degrading treatment or punishment. In addition, the powers of these institutions also cover procedures to be applied in cases involving freedom of access to information, and ministerial, governmental and other appointments. An important segment in functioning of the Ombudsman is the prevention or elimination of discrimination. Discrimination (originating from the Latin word discriminare: separate, distinguish, unwarranted discrimination or unequal treatment, or illegal distinction) is a negative and socially dangerous phenomenon which in a nutshell means any unequal or different treatment including every exclusion, restriction or preference based on real or assumed grounds against any person or group of persons, and their blood relatives or otherwise related to them, on the basis of their race, color, language, religion, ethnicity, disability, age, national or social origin, political or other opinion, property, membership in a trade union or any other association, education, social status and sex, sexual expression or sexual orientation, and any other circumstance with a purpose or a consequence to disable or endanger recognition, enjoyment or exercise on an equal basis, rights and freedoms in all spheres of life. The methods applied in operation of the national bodies for the protection of equality, primarily the Institution of Human Rights Ombudsman of Bosnia and Herzegovina in discrimination cases are subject of this paper.

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