The Constitutional Court of Bosnia and Herzegovina held a session today at which a decision was made that the measure of restricted movement and wearing of masks during a coronavirus pandemic is a violation of basic human rights.
The regular 120th session of the Grand Council of the Constitutional Court of Bosnia and Herzegovina was held electronically today. Several decisions were made, and the most relevant one for BiH.
The public is that the decisions of the FBiH Crisis Staff on the ban on movement and the obligatory wearing of protective masks are “interference with basic human rights and freedoms guaranteed by the Constitution of BiH and the European Convention for the Protection of Human Rights”.
“In this particular case, these are violations of the right to private life and freedom of movement, which were committed by orders of narrow segments of the executive power on mandatory wearing of protective masks and restriction of movement, crisis headquarters of health ministries,” the Constitutional Court said.
It is also stated that the decision of the Crisis Staff of the Ministries of Health of FBiH is a violation of these human rights, given that “there was no active participation in the adoption and review of ordered measures by the highest legislative and executive authorities.”
The measure of banning movement after 11 a.m. to 5 a.m. was introduced on November 10 due to the increase in the number of newly infected with the coronavirus, and was followed by measures of mandatory wearing of masks indoors and outdoors.
After the adoption of the measures, the Sarajevo lawyers sent an appeal to the Constitutional Court of BiH and asked them to reconsider the adopted measures, as well as to cancel the measure of the Crisis Staff of the Federal Ministry of Health until the final decision.