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

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. 

Discussion Paper

Discussion Paper: Neglected Principles in Reforming the Presidency of BiH

Svjetlana Nedimović
2012

Svjetlana Nedimović, PhD, reminds the readers of the difference in the position of the institution of the president of the state - in terms of its history, functions and symbolism - in relation to the parliament.

Discussion Paper

Discussion Paper: Reforming the House of Peoples

Florian Bieber
2012

Dr. Florian Bieber gives a new perspective and expands the discussion about reforming the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina.