In five cases since 2009, the European Court of Human Rights has determined that the constitution discriminates against Jews, Roma, and other Bosnian citizens who are not Croat, Serb, or Bosniak for running for president.
[1] The Constitution of Bosnia and Herzegovina is the constitution in international contractual form, since it is an integral part of a larger peace agreement signed by Alija Izetbegović, Franjo Tuđman and Slobodan Milošević, three presidents of countries involved in war in Bosnia and Herzegovina, as well as the representatives of European Union (Felipe González), United States (Bill Clinton), Germany (Helmut Kohl), United Kingdom (John Major), France (Jacques Chirac) and Russia (Viktor Chernomyrdin).
The Preamble states, among other things, the commitment of Bosnia and Herzegovina to freedom, equality, tolerance and democratic institutions of government.
It also states that the carriers of sovereignty are "constituent peoples" (Bosniaks, Croats and Serbs), along with "Others" and "citizens of Bosnia and Herzegovina", which has also seen a great amount of debate between legal scholars over an apparent contradiction.
), stating that the enjoyment of the rights and freedoms is secured to all persons in Bosnia and Herzegovina without discrimination on any grounds ("Non-Discrimination", Article II, 4.)
The court determined that this restriction (an estimated 400,000 Bosnian citizens, 12 per cent of the population, cannot run for president due to their religion, ethnicity, or place of residence) violates the European Convention of Human Rights.