The Collective Anti-Discrimination Lawsuit in the System of Protection against Discrimination in BiH

Policy brief by Analitika analyses the institute of the collective anti-discrimination lawsuit within the existing legislative framework in BiH, as one of the mechanisms for protection against discrimination, which provides civil society organizations an opportunity to institute civil proceedings in the case of discrimination against a large number of persons.

Themes: Human RightsJudiciary and Access to Justice
Boris Topić

The analysis focuses on the existing legal framework governing the collective anti-discrimination protection, attempting to identify key legal weaknesses, and by looking into the laws and practices of other countries, formulate recommendations to overcome them.

Consequently, the analysis points out that, in addition to the mechanisms that are available to direct victims of discrimination, there are other two ways of providing support to victims of discrimination such as taking part in already initiated proceedings as a third party and independently instituting proceedings. However, despite the prevalence of discrimination in BiH, collective anti-discrimination protection is not sufficiently used in practice.

Policy brief presents key weaknesses in the regime of the collective anti-discrimination protection, and concludes general recommendations for strengthening and improving the relevant laws in BiH, in order to further enhance anti-discrimination framework in this segment.

Policy brief is published within the project “Equality for All: Civil Society Coalition against Discrimination“ and is implemented in cooperation with Mediacentar Sarajevo, Analitika – Center for Social Research, Rights for All and Vaša prava BiH. This project is financed by USAID and Open Society Fund Bosnia and Herzegovina.

This publication is published by the generous support of the American People through the United States Agency for International Development (USAID). The contents of this policy brief are the sole responsibility of the Author and do not necessarily reflect the views of USAID or the United States Government.

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The publication is available only in local languages.