B. Paragraph 2: Human rights and fundamental freedoms

Like the German Basic Law (Grundgesetz), the rights and freedoms safeguarded by Article II of the BiH Constitution are protected by a special clause in Article X.2 of the BiH Constitution, which prohibits that the rights and freedoms safeguarded by Article II of the BiH Constitution may be eliminated or diminished by constitutional amendments.³⁹²¹ The eternity clause of the BiH Constitution exceeds the scope of protection stipulated under Article 79, paragraph 3 of the German Basic Law, which does not directly prescribe the prohibition on changing the catalogue of human rights and freedoms. On the other hand, the formulation given in Article X.2 of the BiH Constitution is to a certain extent lagging behind the German constitutional solution as it does not encompass the basic constitutional principles, as those included in Article 20 of the German Basic Law (for instance, the principle of democracy). Namely, in the case of the BiH Constitution, those principles are outside the scope of Article II (for example, Article I.2 of the BiH Constitution).