ZAÅ TITA PRAVA U BOSNI I HERCEGOVINI - Solidar

Labour rights study in Bosnia and Herzegovina
legal force. Their provisions can be changed or revoked only in accordance with the
conditions and procedures defi ned in them or in accordance with the general rules of
international law.
In most Western European countries, the monistic principle applies, according
to which the domestic and international law is a single system. In this case, international
agreements ratified by the state do not have to be adopted by special national legal acts
and they become national law by ratifi cation. They automatically become a part of the
legal system of the country in charge.
On the other hand, the dualistic principle considers domestic and international
law to be two separate and independent legal orders. In order for international law to
become obligatory and applicable at the territory of one country, it previously needs to
become a part of that country’s legal order. The agreement needs to be made into a law.
Today both monistic and dualistic theories have softer attitudes due to
objections that have been made. Their application has been directed to the interrelation
between the rules of domestic and international law. The legal nature of those norms
is different. The international ones are divided into directly applicable (their application
does not require additional legislative measures) and program norms (consists of
program statements or rules and of general terms the meaning of which is unspecified,
so they cannot directly apply nor can referring to them in court lead to exercise of a
subjective right or undertaking of an obligation). Most economic and social rights of the
international agreements has been defi ned by program norms- the state is considered
to have an obligation to implement targeted policies aiming at gradual realization of
certain international norm via its government.
Labour rights study in Bosnia and
Herzegovina
Pursuant with the Annex IV of the Dayton peace agreement, the EU convention
on human rights and general liberties has been directly applied in BaH. The BaH
Federation constitution defi nes the following instruments to be relevant for the protection
of human or labor rights and they have a legal force of constitutional provisions. These
are: European social charter from 1961 and Protocol I, International agreement of
economic, social and cultural rights from 1966 and additional protocols from 1989, and
the International convention on abolishing all kinds of racial discrimination from 1965,
International convention on abolishing all kinds of discrimination of women from 1979,
UN Declaration on abolishing all kinds of intolerance and discrimination based on faith
and convictions from 1981.
The RS Constitution also protects the right to work and other work-related
rights. It has been stipulated that a labor relation and the right to remuneration can
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