The right to vote and the possibility of participation in political and public life of adults under guardianship in international human rights treaties and legislation of Bosnia and Herzegovina

The right to vote, which is one of the universal human rights, is still not available to all citizens in Bosnia and Herzegovina. More specifically, adults under guardianship are being deprived of their legal capacity. This is a consequence of the inherited legal past and occurs despite the fact that...

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Main Authors: Miković Borjana, Škrbić Ajla
Format: Article
Language:English
Published: University of Belgrade, Faculty of Law, Belgrade, Serbia 2020-01-01
Series:Anali Pravnog Fakulteta u Beogradu
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652003053M.pdf
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author Miković Borjana
Škrbić Ajla
author_facet Miković Borjana
Škrbić Ajla
author_sort Miković Borjana
collection DOAJ
description The right to vote, which is one of the universal human rights, is still not available to all citizens in Bosnia and Herzegovina. More specifically, adults under guardianship are being deprived of their legal capacity. This is a consequence of the inherited legal past and occurs despite the fact that it violates the Constitution of Bosnia and Herzegovina, as well as numerous international legal instruments ratified by BH. This practice allows persons with deprived legal capacity to be automatically deprived of their right to vote without any individual assessment and/or court decision. It is contrary to the European Court of Human Rights practice as well as to the Convention on the Rights of Persons with Disabilities, which prescribes that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life, including the right and opportunity to vote and be elected.
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spelling doaj.art-d724b33f459543f98e29b084d623b0692022-12-21T21:33:21ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932020-01-01683537910.5937/AnaliPFB2003057M0003-25652003053MThe right to vote and the possibility of participation in political and public life of adults under guardianship in international human rights treaties and legislation of Bosnia and HerzegovinaMiković Borjana0Škrbić Ajla1Univerzitet u Sarajevu, Fakultet političkih nauka, Sarajevo, Bosna i HercegovinaUniverzitet u Travniku, Pravni fakultet, Travnik, Bosna i HercegovinaThe right to vote, which is one of the universal human rights, is still not available to all citizens in Bosnia and Herzegovina. More specifically, adults under guardianship are being deprived of their legal capacity. This is a consequence of the inherited legal past and occurs despite the fact that it violates the Constitution of Bosnia and Herzegovina, as well as numerous international legal instruments ratified by BH. This practice allows persons with deprived legal capacity to be automatically deprived of their right to vote without any individual assessment and/or court decision. It is contrary to the European Court of Human Rights practice as well as to the Convention on the Rights of Persons with Disabilities, which prescribes that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life, including the right and opportunity to vote and be elected.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652003053M.pdfthe right to voteguardianship of adultsdeprived legal capacitylegislationinternational documents
spellingShingle Miković Borjana
Škrbić Ajla
The right to vote and the possibility of participation in political and public life of adults under guardianship in international human rights treaties and legislation of Bosnia and Herzegovina
Anali Pravnog Fakulteta u Beogradu
the right to vote
guardianship of adults
deprived legal capacity
legislation
international documents
title The right to vote and the possibility of participation in political and public life of adults under guardianship in international human rights treaties and legislation of Bosnia and Herzegovina
title_full The right to vote and the possibility of participation in political and public life of adults under guardianship in international human rights treaties and legislation of Bosnia and Herzegovina
title_fullStr The right to vote and the possibility of participation in political and public life of adults under guardianship in international human rights treaties and legislation of Bosnia and Herzegovina
title_full_unstemmed The right to vote and the possibility of participation in political and public life of adults under guardianship in international human rights treaties and legislation of Bosnia and Herzegovina
title_short The right to vote and the possibility of participation in political and public life of adults under guardianship in international human rights treaties and legislation of Bosnia and Herzegovina
title_sort right to vote and the possibility of participation in political and public life of adults under guardianship in international human rights treaties and legislation of bosnia and herzegovina
topic the right to vote
guardianship of adults
deprived legal capacity
legislation
international documents
url https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652003053M.pdf
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