Starateljstvo nad osobama kojima je oduzeta ili ograničena poslovna sposobnost: Jednakost pred zakonom i poštivanje ljudskog dostojanstva u bosanskohercegovačkom porodičnom zakonodavstvu
Guardianship Over Persons with Deprived or Restricted Legal Capacity under the Law and Respect for Human Dignity in Bosnia and Herzegovina's Family Legislation

Summary/Abstract: The paper, through the prism of the definition and purpose of guardianship in Bosnian and Herzegovinian family legislation, analyzes the state of (non)compliance with the basic general principle of human rights protection: equality under the law, as well as the exercise of human rights based on human dignity. This is especially so because in Bosnia and Herzegovina in the field of guardianship the traditional type of legislation is still in force, which is not harmonized with the UN Convention on the Rights of Persons with Disabilities, which Bosnia and Herzegovina ratified in 2010. The analysis carried out showed that none of the three family laws of Bosnia and Herzegovina, in their provisions regarding the determination of guardianship and the purpose of its application, regulate the obligation of respect for the human rights, basic freedoms and human dignity of persons with deprived or restricted legal capacity. This situation, in addition to non-compliance with international human rights standards, the implementation of which in the national legislation is a key criterion for European Union membership, contradicts the provisions of the Constitution of Bosnia and Herzegovina, as well as the provisions of the constitutions of both entities and the Statute of the Brčko District of Bosnia and Herzegovina.

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