Queer Festival Case: Freedom of Assembly and the Prohibition of Discrimination

Violence against members of the first Sarajevo Queer Festival was the reason for the Organization Q to refer the appeal to the Constitutional Court of BiH because of the failure of the authorities to provide adequate measures for the protection of their rights guaranteed by the Constitution of BiH and the Convention for the Protection of Human Rights and Fundamental Freedoms, but also because of inefficient investigation and identification and sanctioning of offenders.

Themes: Human RightsJudiciary and Access to Justice
Boris Topić

Boris Topić emphasizes the importance of the verdict of the Constitutional Court of BiH in this case where violation of the right to freedom of assembly is established. However, the author criticizes the fact that the Court did not answer to a very important question: whether and under what conditions the failure of public authorities to protect the organizers and participants of public assembly may constitute discrimination?

This Commentary is published within the project “Equality for All: Civil Society Coalition against Discrimination“, and is implemented in cooperation with Mediacentar Sarajevo, Analitika – Center for Social Research, Rights for All and Vaša prava BiH. This project is financed by USAID and Open Society Fund Bosnia and Herzegovina.

This publication is published by the generous support of the American People through the United States Agency for International Development (USAID). The contents of this Commentary are the sole responsibility of the author and do not necessarily reflect the views of USAID or the United States Government.

The publication in local languages is available HERE.

More information about the AD program is available at: www.diskriminacija.ba.