The right to asylum, which means the right of foreigners to seek asylum in another State and the right to enjoy protection by that State from persecution in his or her country of origin, is a fundamental right guaranteed by international human rights standards.
Even though the question of asylum is within the competence of the State of Bosnia and Herzegovina, the BiH Consitution does not specifically provides for the «right to asylum» in the catalogue of rights and freedoms enumerated in article II/3 of the BiH Constitution.
Contrary to the BiH Constitution and the Constitution of the Repulika Srpska, the Constitution of the Federation of Bosnia and Herzegovina stipulates that the Federation of BiH will ensure that all individuals on the territory of Federation enjoy the right to asylum.
Regardless of the fact that the right to asylum is not explicitely enlisted as a constitutional right in the BiH Constitution, the right to seek and enjoy asylum in BiH is a constitutional right as it was recently stated by the Court of BiH in its decision:
«right to seek and to enjoy in other countries asylum from persecution, which is ensured in Article II (3) and (4) of the BiH Constitution, in conjunction with Article 2 (14) of the Universal Declaration of Human Rights. The mentioned provision prescribes that all persons in BiH shall enjoy the human rights and freedoms, that the rights and freedoms laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms are directly applicable in Bosnia and Herzegovina and that they shall have priority over all other law. Article 2 (7) of the Universal Declaration of Human Rights prescribes that all persons are equal before the law and are entitled without any discrimination to equal protection of the law. Furthermore, they are all entitled to equal protection against any discrimination in violation of the Declaration and against any incitement to such discrimination. Besides, everyone has the right to seek and to enjoy in other countries asylum from persecution (Article 14 of the Universal Declaration of Human Rights).»
The reasoning of the Court of Bosnia and Herzegovina clearly states that the right to asylum is a constitutional right.