Human Rights Law at Bosnia and Herzegovina
Bosnia and Herzegovina (BiH) has a complex human rights framework shaped by its post-war constitution, international obligations, and ongoing challenges stemming from ethnic divisions and political fragmentation.
🇧🇦 Constitutional and Legal Framework
The 1995 Dayton Peace Agreement, which ended the Bosnian War, established BiH as a decentralized state comprising two entities: the Federation of Bosnia and Herzegovina and Republika Srpska. The Constitution, embedded within the Dayton Agreement, guarantees fundamental rights such as freedom of expression, prohibition of torture, and non-discrimination. It also incorporates key international human rights treaties, including the European Convention on Human Rights and the International Covenant on Civil and Political Rights . (Bosnia and Herzegovina 1995 (rev. 2009) Constitution - Constitute)
🏛️ Human Rights Institutions
BiH's human rights oversight is primarily managed by the Human Rights Ombudsman Institution, which was recently designated as the National Preventive Mechanism for Torture Prevention. This role aligns with the country's obligations under the Optional Protocol to the Convention against Torture. The Ombudsman's office is tasked with monitoring places of detention and collaborating with civil society organizations to promote human rights . (Parliament vests the Human Rights Ombudsman institution of Bosnia and Herzegovina with the role of torture prevention | United Nations in Bosnia and Herzegovina)
⚖️ War Crimes and Transitional Justice
Accountability for war crimes remains a significant issue. As of September 2024, over 200 war crimes cases were pending, with limited convictions. Notably, a new history curriculum in Republika Srpska has faced criticism for portraying convicted war criminals as heroes, highlighting ongoing challenges in reconciliation . (World Report 2025: Bosnia and Herzegovina | Human Rights Watch)
🏳️🌈 LGBTQ+ Rights
While BiH legalized same-sex partnerships in 2020, discrimination persists, particularly in Republika Srpska. A 2023 attack on LGBTQ+ activists in Banja Luka remains unpunished, and no official LGBTQ+ events have been held there since. Additionally, the Republika Srpska government has proposed removing gender identity references from the criminal code, raising concerns about potential setbacks in LGBTQ+ rights . (World Report 2025: Bosnia and Herzegovina | Human Rights Watch)
👩🦽 Disability Rights
Individuals with disabilities face barriers in BiH, including arbitrary restrictions on freedom of movement and inadequate access to services. The country has yet to fully harmonize its laws with international standards, leaving many rights unprotected . (World Report 2025: Bosnia and Herzegovina | Human Rights Watch)
📰 Freedom of Expression and Media
Journalists in BiH encounter threats and violence, with over 70 recorded attacks in 2023. A 2023 law in Republika Srpska criminalizing defamation has been condemned by international bodies for threatening press freedom. Furthermore, a proposed law requiring NGOs to register as "foreign agents" has raised alarms about increased restrictions on civil society . (Human rights in Bosnia and Herzegovina Amnesty International, World Report 2025: Bosnia and Herzegovina | Human Rights Watch)
👩👧👦 Gender-Based Violence
Domestic violence, including femicide, remains a critical issue. While a 2023 law aimed to align with the Istanbul Convention, implementation has been inconsistent. The country lacks a comprehensive national strategy for preventing gender-based violence, and support services for victims are insufficient . (World Report 2023: Bosnia and Herzegovina | Human Rights Watch)
🌍 International Engagement and EU Accession
In March 2024, the European Council agreed to open EU accession negotiations with BiH. However, progress on human rights reforms has been slow, with ongoing issues such as ethnic discrimination, media freedom, and war crimes accountability remaining largely unaddressed . (World Report 2025: Bosnia and Herzegovina | Human Rights Watch)
In summary, while Bosnia and Herzegovina has established a legal framework for human rights, the practical application of these rights is hindered by political fragmentation, ethnic divisions, and insufficient institutional capacity. Ongoing reforms and international pressure are crucial to ensure the protection and promotion of human rights across the country.
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