Discussion Paper

Two schools under one roof in Bosnia and Herzegovina: (Mis)understanding the problem, and possible solutions

Alina Trkulja
2017

The education system in Bosnia and Herzegovina and the individual practices that are applied are far from being effective in encouraging understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, as required by the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina and other international legal documents the state has ratified. Existing educational policies result in ubiquitous discrimination and inequality and even segregation in education. The most illustrative example of this practice are the divided / parallel schools, better known as "two schools under one roof".

Discussion Paper

Quality of indictments and verdicts in Bosnia and Herzegovina, as a feature of efficient processing of corruption-related cases

Ljiljana Filipović
2017

Demand for efficiency of the judiciary often comes down to claiming a higher number of verdicts as quickly as possible. However, such a simplified approach disregards quality of effected criminal law protection, as well as the importance and complexity of completed cases. Thus, quality of indictments and verdicts is an inevitable feature of the efficiency of judicial and prosecutorial institutions, which needs to be given particular weight in the coming period. 

Discussion Paper

The potential of mediation in cases of discrimination in Bosnia and Herzegovina

Kosana Beker
2016

Mediation in cases of discrimination is still a relatively new way of dealing with the situation of disputes and violations, both in EU countries and in the region. This process is not promoted enough in BiH, parties are not familiar with it, and the courts and other actors parties rarely offer the opportunity to resolve disputes through mediation.

Discussion Paper

How to develop adequate strategy for preventing and combating discrimination?: possible lessons for Bosnia and Herzegovina

Vesna Pirija
2017

Most countries in the region began drafting and adopting strategies for the prevention and fight against discrimination, including Bosnia and Herzegovina. Under the Work plan for 2016, the Ministry of Human Rights and Refugees envisaged the development of a strategy for preventing and combating discrimination in BiH.

Discussion Paper

Commentary on the Draft of Human Rights Ombudsman Law

2016

Current activities on passing new Human Rights Ombudsman Law in BiH are needed in order to strengthen status and independency of the institution. Text of the law draft, which was made by Ministry of Human Rights and Refugees in BiH, consists important advancements, but also opens many questions and leaves enough reasons to worry.
Discussion Paper

Public Institutions and Proactive Disclosure of Information in Bosnia and Herzegovina: How to Turn Exceptions into Rules

Dino Jahić
2015

Access to information legislation in BiH has not defined the obligation of public institutions to publish relevant public information on their own initiative, without specific requests by citizens, which lags behind international standards. However, the research has shown that, despite the lack of adequate legislation and organised systematic approach to this matter, some of the institutions on the state level have made significant results in proactive disclosure of information.

Discussion Paper

Criminal Law Framework for Processing Hate Crimes

Ljiljana Filipović
2014

Analysing the criminal law framework for processing a certain type of criminal offence presupposes that this criminal offence differs from other criminal offences by one or more characteristics and that this specificity has implications for the application of certain general institutes of criminal law (substantive and procedural). With hate crimes, this distinctive characteristic is the particular motive for their commission. 
 
Discussion Paper

Hate Crimes and Juveniles: Key Problems in Regulation and Processing

Jasna Pećanac
2014

Due to the fragmentation of criminal legislation into four legislative levels (BiH, FBiH, Republika Srpska, and the Brčko District of BiH), and since the new codes came into force on different dates and provide diverse solutions in terms of the stipulated requirements for the application of individual institutes, juveniles in conflict with the law do not find themselves in the same position throughout the territory of our country. 
 
Discussion Paper

The Importance of Prosecuting Hate Speech in a Post-Conflict Country: Lessons for, and from, Bosnia and Herzegovina

Francesco de Sanctis
2014

Prosecuting hate speech is particularly complex in post-conflict states. The absence of an agreed definition of hate speech at the international level, which may be seen as the result of the lack of a common standard among European jurisdictions, contributes to that status.  
Discussion Paper

Drawing the Line in BiH: The Advocacy of Hatred Constituting Incitement to Hostility, Discrimination, and Violence

Andrew Smith
2014

The terms “hate crime” and “hate speech” are often used interchangeably, despite that they are distinct concepts requiring different responses from States.