Bosnia and Herzegovina: Limits of the Human Rights Approach to Social Housing

2010 ◽  
Author(s):  
Mira Dutschke ◽  
Eoin Rooney ◽  
Aoife Nolan ◽  
Rory O'Connell ◽  
Colin Harvey

2010 ◽  
Vol 6 (2) ◽  
pp. 309-333 ◽  
Author(s):  
Samo Bardutzky

On 22 December 2009, the Grand Chamber of the European Court of Human Rights (hereafter: the Court) issued a judgment on the applications filed by two citizens of Bosnia and Herzegovina, Mr Dervo Sejdić and Mr Jakob Finci. It found a violation of their rights under the Convention for the Protection of Human Rights and Fundamental Freedoms and under the Protocols to the Convention. Bosnia and Herzegovina had violated the applicants' rights under Article 14 of the Convention in conjunction with Article 3 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and under Article 1 of Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms.


2018 ◽  
Vol 2 (4) ◽  
pp. 48-60
Author(s):  
Fernanda Fonseca de Oliveira ◽  
Jean Guilherme Oliveira ◽  
Tiago Bonfim Dias ◽  
Mayara Pissutti Albano Vieira

The right to suitable housing has become recognized and accepted by the international community since its inclusion in the Universal Declaration of Human Rights in 1948, whosetext, in its article 25, alleges that everyone has the right to an adequate standard of living for the family’s health and welfare, including food, clothing, medical care and the necessary social services. In Brazil, low constructive and architectural quality mark the production of social housing, culminating on the reduction of the beneficiary’s quality of life and environmental problems. Therefore, the present work aims to submit surveys and analysis of Ana Jacinta housing complex in the city of Presidente Prudente, São Paulo, in order to evaluate the environmental and urban quality of the units delivered to beneficiaries in the early 1990s. The methodology isbased in bibliographic and documentary surveys.


2021 ◽  
pp. 1-21
Author(s):  
Nedim Begović

Abstract The article analyses the case law of the European Court of Human Rights on accommodation of Islamic observances in the workplace. The author argues that the Court has not hitherto provided adequate incentives to the states party to the European Convention on Human Rights to accommodate the religious needs of Muslim employees in the workplace. Given this finding, the author proposes that the accommodation of Islam in the workplace should, as a matter of priority, be provided within a national legal framework. In Bosnia and Herzegovina, this could be achieved through an instrument of contracting agreement between the state and the Islamic Community in Bosnia and Herzegovina.


2021 ◽  
pp. 026975802110464
Author(s):  
Alma Begicevic

Human rights advocates call for reparation as an important step to acknowledge and repair historical injustice and mass harms. In Bosnia and Herzegovina, victims of war continue to seek monetary reparation for non-pecuniary damages caused by genocide: murder, injury to human body and dignity, and harms inflicted upon a close family member. They seek legal remedies using national, foreign, and international human rights judicial venues. Drawing from qualitative, ethnographic research data and archival documents, the article examines legal claims and public discourse regarding reparation and makes a case for a reconceptualization of reparation by including victim voices. The article concludes that despite being absent from the post-conflict victims’ reparation programs in Bosnia and Herzegovina, monetary reparation has assumed a social valuation attribute. On the one hand, it is a victim’s call for retributive, legal conceptions of justice – that someone who escaped international and national criminal justice programs pays. On the other hand, it is a tool to draw attention to Bosnian victims’ present civil and political exclusions that came with the international post-conflict peace treaty. While the post-war reconstruction focused on international trials, democratization, restorative justice, and state building programs, it also restricted socio-economic and cultural rights by redefining the citizenship and dismantling the welfare state. Reparation is a debt owed to victims.


2019 ◽  
Vol 56 (3) ◽  
pp. 667-683
Author(s):  
Mirza Čaušević

When reading the article’s title, it is important to emphasize the role and importance of the Institution of the Ombudsman for Human Rights of Bosnia and Herzegovina, the most important national institution for the protection of human rights and fundamental freedoms. Consequently, according to the logic of thinking, it can be clearly concluded that the most important segment of action, above mentioned national institution, is to prevent or eliminate all forms of indirect and direct discrimination. Accordingly, the author decided, in addition to introductory and concluding considerations, to divide the article into four (4) parts. The first part of the article entitled “Theoretical Determination of Discrimination” provides general information on the concept, different forms and types of discrimination in accordance with the Law on Prohibition of Discrimination in Bosnia and Herzegovina. Unlike the first, in the second part of the article “The Role of the Ombudsman in the Probation of Discrimination Proceedings”, the Ombudsman aims to present the legal position of the ombudsman in court proceedings, with the mandatory indication of the conditions for initiating the proceedings on his own behalf, representing the individual and intervening in the ongoing proceedings. Through practical examples, the author seeks to emphasize the importance, role and importance of the ombudsman in court proceedings. Subsequently, in the third part of the “Role of Courts in the Probation of Discrimination Proceedings”, the author concentrates that, by using the Law on Prohibition of Discrimination, he presents court judgments that discriminate the education system of the Central Bosnia and Herzegovina Canton (non) discriminatory on the basis of the existing segregation in so called. “Two schools under one roof”. Thus, this section primarily analyzes the rejection of the aforementioned claims. Finally, in the fourth (working) section entitled “The Probation of Discrimination Proceeding before the Supreme Court of the Federation of Bosnia and Herzegovina”, the author presents positive and negative examples in the work of the Supreme Court of FBiH, and above all clarifies the process of proving discrimination before this court instance. The aim of this paper is to investigate the legal background of the Institution of the Ombudsman for Human Rights in Bosnia and Herzegovina, as well as judicial instances from the aspect of domestic (national) law, while, on the other hand, special attention is devoted to the actions of the FBiH Supreme Court in cases of discrimination.


2020 ◽  
pp. 002087282091231 ◽  
Author(s):  
Sanela Šadić ◽  
Jane McPherson ◽  
Tatiana Villarreal-Otálora ◽  
Sanela Bašić

This article reports on the development of tools to measure rights-based social work practices in Bosnia and Herzegovina. Previously validated scales - Human Rights Exposure in Social Work (1 scale), Human Rights Lens in Social Work (2 scales), and Human Rights Methods in Social Work (8 scales) - were translated and adapted for the Bosnian context. To complete the validation, social work students (N=296) were surveyed, and the resulting data were analyzed using exploratory and confirmatory factor analysis. The results yield 11 valid scales for measuring human rights constructs and promoting human rights goals in social work education, research, and practice in Bosnia and Herzegovina.


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