The right to free elections guaranteed in Art. 3 of Protocol 1 to the European Convention on Human Rights (ECHR) covers only the “legislature” and not the presidency (except for the theoretical possibility where the presidency could be construed as being part of the legislature). Thus, in the case of Sejdic and Finci, with regard to the presidency, the position of the applicants was examined in the light of the general prohibition of discrimination in Art. 1 of Protocol 12, which reads:

1 The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
2 No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.