Zabrana diskriminacije po osnovu seksualne orijentacije u pravu Evropske unije
Prohibition of Discrimination with Regard to Sexual Orientation in European Union Law

Author(s): Boris Krešić, Dženeta Miraščić
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: The principle of non-discrimination; The principle of equality; European Union; Council of Europe; Sexual orientation;
Summary/Abstract: The principle of non-discrimination in modern legal systems, both at national and at regional and global levels of government, is the primary prerequisite for the realization of all other (fundamental) rights and freedoms.The essence of this principle, which is, in fact, inextricably linked to the principle of equality in rights, is reflected in the requirement to ensure to all persons, without discrimination on any basis, the realization and enjoyment of the fundamental rights and freedoms that are guaranteed by provisions of the national constitutions, Laws and other legal acts, as well as lawful international and European articles.Bearing in mind the fact that the realization of fundamental rights and freedoms, in substantial part, depends on the (in)activity of state authorities,authors emphasize the obligation of representatives of all government activities that during the exercise of jurisdiction, treat all persons equally and without discrimination, regardless of their individual specific growth and/or status. Furthermore, in this paper, in addition to the basic determinants of the principle of non-discrimination, the authors put special emphasis on the analysis of the prohibition of discrimination based on gender and sexual orientation in the European Union Law. In addition to generally accepted prohibition of discrimination, the fundamental principles of modern society:democratization and decriminalization represent the basis of standardizing the principles of non-discrimination on grounds of sexual orientation in EU law. The primary and secondary sources of EU law pursuant to which the sexual orientation is standardized as so-called prohibited grounds of discrimination, represent the case study. The authors of the research will attempt to point out the fact that in practice, despite the binding legal force of national and international law, the full protection of persons of different sexual orientation is not being realized.

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