A Comprehensive Review of the Anti-Discrimination Framework and Practice in Bosnia and Herzegovina
Four reports and four policy briefs have been published, outlining the roles of key actors – the Ombudsman of B&H, courts, the non-governmental sector, and the Ministry of Human Rights and Refugees of B&H – in the establishment and enforcement of the system of protection against discrimination. Publications identify and analyze underlying problems in respect to the functioning of the system of protection against discrimination in B&H, and offer concrete recommendations aiming to improve legislation and practice.
All publications are available on Analitika’s web site and can be directly accessed at the following links:
The report offers a review of the relevant international standards and comparative experiences, an analysis of the legal framework in B&H, a review and analysis of the practice of the B&H Ombudsman in cases of discrimination, and possible solutions for a more efficient fulfillment of the role of this institution in the protection of individuals against discrimination.
Using the perspective of best comparative practice, the report offers a comprehensive analysis of the current legal framework regulating the status of non-governmental organizations (NGOs) in court proceedings related to the protection against discrimination in B&H, and points to the necessary amendments that would improve the relevant legislation. In addition, the report also discusses key practical obstacles for the active involvement of NGOs in anti-discrimination cases, and identifies key steps that would lead to the creati on of a more stimulating environmen t for a more significant involvement of NGOs in this area.
The report offers a comprehensive review of specific court proceedings in cases of discrimination that were introduced by the Law on the Prohibition of Discrimination in B&H. The legal framework and practice in Bosnia and Herzegovina in this field are considered from the perspective of the relevant European Union standards, standards established by the European Court for Human Rights and best practice from other countries. The report identifies and discusses key problems in the realm of judicial protection from discrimination and offers substantiated recommendations for improvement of the legal framework practice in this field.
Taking into account the significant role that reliable and accurate data on discrimination can have in the fight against discrimination, this study points out that collecting such data in Bosnia and Herzegovina is highly neglected despite a relatively well-defined legal and institutional framework. For the purpose of this study, B&H legislation, policies of other countries, as well as internationally recognized solutions for data collection on discrimination were considered. In light of best comparative practices, authors analyze the B&H system for the collection of data on discrimination, as well as current and planned activities in this area.
Findings of these four reports are also presented in shortened, concise form in the following policy briefs:
Publications were produced as part of the Open Society Fund B&H Anti-Discrimination Program, which brings together partner organizations from B&H working in four teams committed to key activities in the field of combating discrimination: monitoring, documentation and reporting, strategic litigation, policy analysis, and advocacy.
For more information on the Open Society Fund B&H Anti-Discrimination Program, please visit the website www.diskriminacija.ba.