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Courts and ConsociationsHuman Rights versus Power-Sharing$
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Christopher McCrudden and Brendan O'Leary

Print publication date: 2013

Print ISBN-13: 9780199676842

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199676842.001.0001

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Departing from precedent

Departing from precedent

(p.67) 5 Departing from precedent
Courts and Consociations

Christopher McCrudden

Brendan O’Leary

Oxford University Press

This chapter discusses four significant developments that occurred between the Belgian cases and the Bosnian case examined in Chapter 4, which explain the decision of the European Court of Human Rights (ECtHR) in the Sejdić and Finci case. These are the growth of a considerably more robust approach to discrimination and minorities by the Council of Europe and the ECtHR; changes to the approach to interpreting rights to political participation by the ECtHR; the increasing adoption of the liberal criticisms of consociations by other human rights organizations, in particular by the Venice Commission; and particular understandings of the conflict in Bosnia, taken together with Bosnia's subsequent commitments to the Council of Europe and the European Union.

Keywords:   consociations, consociational arrangements, Sejdić and Finci, European Court of Human Rights, discrimination, minorities, Ccouncil of Europe, Venice Commission, Bosnia, political participation

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