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European Observer on fundamental right's respect

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Case Law U-12/09 (28/05/2010)

Type: Judgment

Authority: National Courts: Supreme Courts (Bosnia and Erzegovina) - Ustavni sud

Date: 05/28/2010

Subject: The Ustavni sud, also recalling the jurisprudence of the European Court of Human Rights and the Court of Justice, has deemed article 35 of the “Law on Salaries and Wages in the Institutions of Bosnia and Herzegovina” as being in contrast with the norms of the Constitution, of the twelfth Additional Protocol to the ECHR and of several international Conventions in the matter of non discrimination, since it allows a different treatment in the matter of maternity grants depending on the district of residence and its own regulation

Parties: 23 members of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina and 5 delegates to the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina

Classification: Equality - Art. 20 Equality - Art. 21 Non discrimination - Solidarity - Art. 34 Social security

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