Persons with disabilities in Bosnia and Herzegovina continue to face numerous problems in the realization of their rights. Reports of numerous international institutions indicate discrimination of these individuals in a number of fields. Recent amendments to the Law on the Prohibition of Discrimination have, among other things, improved the mechanisms for the protection of rights of persons with disabilities. Nonetheless, the new provisions also mean new challenges for the courts in BiH.
Amendments to the Law on the Prohibition of Discrimination (LPD), inter alia, explicitly prescribe that disability is one of the personal characteristics in relation to which discrimination is prohibited. This commentary starts from the assumption that the number of disability-based anti-discrimination lawsuits will likely increase in time to come. This can be expected both because of the numerous problems in Bosnia and Herzegovina when it comes to the status and rights of persons with disabilities, and as a result of new procedural provisions which enhance the position of plaintiffs in anti-discrimination proceedings. That is why it is necessary for the courts and judges to be adequately prepared for such a course of events in this field. In that sense, this commentary elaborates on the key parameters of prohibition of disability-based discrimination and presents an overview of European case law in this area.
The publication 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 Commentary are the sole responsibility of the author and do not necessarily reflect the views of USAID or the United States Government.
The publication in local languages is available HERE.