| Abstract | Widening case law of the European Court of Human Rights (ECtHR) interpreting the notion of
discrimination, especially the ambit of discrimination based on “other status” offers important
elements in the understanding of the legal definition of discrimination. More specifically, it
offers elements in understanding of the scope of discrimination grounds listed under “other
status”, such as the place of residence. Discrimination cases before the ECtHR against Bosnia
and Herzegovina relate primarily to the discriminatory nature of Bosnia and Herzegovina’s
election system, focusing on ethnicity as the main basis for discrimination. However, often
overlooked is the place of residence as the discriminatory ground, identified in numerous cases
alongside ethnicity (such as the cases of Pilav, Zornic and recently Pudaric), or as a stand-alone
basis as in the case of Baralija. The ECtHR’s positions expressed in judgements to these cases
offer certain interpretations important for Bosnia and Herzegovina’s election system, legal and
constitutional order and showcase the potential power and influence which the ECtHR’s
judgements may have in the strengthening of rule of law and overcoming political stalemates.
Outside Bosnia and Herzegovina, the cases may offer some new insights in defining and
reinterpreting the legal notion of discrimination and the legal ambit of the prohibition of
discrimination on the grounds of place of residence, such as discriminatory effects of legal void
and the discriminatory treatment between persons having a place of residence within the same
respondent country.
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