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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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Analysing the Grand Chamber judgment

Analysing the Grand Chamber judgment

(p.93) 7 Analysing the Grand Chamber judgment
Courts and Consociations

Christopher McCrudden

Brendan O’Leary

Oxford University Press

This chapter examines the judgment of the European Court of Human Rights (ECtHR) in Sejdić and Finci v. Bosnia. The Court decided that elections to the House of Peoples fell within the scope of Article 3 of Protocol No. 1. The key issue then became whether the distinctions complained of amounted to ‘discrimination’ under Article 14 of the European Convention on Human Rights. The Court viewed the discrimination at issue in the applicants' case as discrimination on ethnic grounds. The Court also considered whether the challenged exclusionary rule regarding election to the House of Peoples pursued a legitimate aim. The chapter also discusses partly concurring and partly dissenting opinions by Judge Mijović, the judge from Bosnia (nominated by the Serb Republic), and Judge Hajiyev, from Azerbaïjan. Like the majority, Judge Mijović found there to be a violation regarding both sets of exclusionary rules. There was also a separate dissent from Judge Bonello, the Maltese judge.

Keywords:   european court of human rights, Sejdić and Finci v. Bosnia, House of Peoples, ethnic discrimination, exclusionary rule

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