Mistaken Logic in Proving of Anti-Discrimination Proceedings: The Case of the Supreme Court of FBiH

The author Ivanković-Tamamović, using the case of Janja Martina Katović against the Glamoč municipality, points at the inaccurate implementation of discrimination legislation and rules of proving in antidiscrimination cases of the Supreme Court of Federation of Bosnia and Herzegovina.

Themes: Human RightsJudiciary and Access to Justice
Aleksandra Ivanković

After the expiration of her mandate at the position of director of "Butterfly" kindergarten, Katović was the only candidate who applied for the same position which was announced by the Glamoč municipality. However, her mandate was not renewed because she was, as the author says, a nun. In the focus of this Commentary is the verdict brought by the Supreme Court of the Federation of Bosnia and Herzegovina in which the Court concludes that in the event of a lawsuit of Janja Martina Katović against the Glamoč municipality there were no elements of discrimination based on religious affiliation although the Municipal Court in Livno has confirmed discrimination, and the Cantonal Court in Livno confirmed the first instance verdict.

According to the interpretation of the Supreme Court of Federation of Bosnia and Herzegovina, Ms. Katović could not be discriminated because she was the only candidate who applied for the position. However, the author points out the misapplication of the rules of proving discrimination in this procedure, with the emphasis on misinterpretation of comparators in anti-discrimination cases.

This Commentary 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.

More information about the AD program is available at: www.diskriminacija.ba.