ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
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lack of comprehensive education on sexual and reproductive health and rights 512.
It is also important to emphasize that: “The Committee welcomes the fact that the Institution of
Human Rights Ombudsman of Bosnia and Herzegovina has been re-accredited with the status of
'A' by the Global Alliance of National Human Rights Institutions in 2017. However, it is concerned
... about the lack of human, technical and financial resources to effectively carry out its mandate
to promote and protect women's rights.
The Committee recommends that the Member State:
(a) adopt the draft amendments to the Ombudsman Act in order to strengthen its independence
and to authorize it effectively to exercise its mandate in accordance with the principles relating to
the status of state institutions for the promotion and protection of human rights (Paris Principles;
see General Assembly resolution 48/134; attachment);
(b) provide the Institution with sufficient human, technical and financial resources to effectively
promote and protect women's rights."
10.5.1. Violence against women
In Bosnia and Herzegovina, domestic violence (and especially violence against women) is seen as
one of the basic types of human rights abuses, but it is also a criminal offense. The legal framework
governing the issue of domestic violence in Bosnia and Herzegovina is: the Law on Protection
against Domestic Violence of the Republika Srpska; The Law on Protection against Domestic
Violence of the Federation of Bosnia and Herzegovina, the Law on Protection against Domestic
Violence in the Brčko District of Bosnia and Herzegovina, and the criminal legislation: the
Criminal Code of the Republika Srpska, the Criminal Code of the Federation of Bosnia and
Herzegovina and the Criminal Code of the Brčko District of Bosnia and Herzegovina. In the case
of gender-based violence, the BiH Gender Equality Law prescribes a criminal offense.
As a prerequisite for the prevention of violence against women, numerous acts have been adopted
at the entity level implementing the principles contained in the Law on Prohibition of
Discrimination in BiH513 and the Law on Gender Equality of BiH514. These two laws are otherwise
a framework for the exercise of equal rights and opportunities for all persons in Bosnia and
Herzegovina and regulate the system of protection against discrimination, inter alia, on the basis
of gender.
On 17 September 2019, the Republika Srpska adopted the Law on Amendments to the Law on
Protection against Domestic Violence 515 and it entered into force on 1 January 2020 516. There is
512
Find more at http://arsbih.gov.ba/wp-content/uploads/2019/11/BOS_CEDAW-C-BIH-Concluding-Observations6_AsAdopted.pdf
513
Law on Prohibition of Discrimination in BiH, Official Gazette of BiH, no. 59/2009 and 66/2016.
514
BiH Gender Equality Law - consolidated text, Official Gazette of BiH, No. 32/2010.
515
Official Gazette of the Republika Srpska, No. 84/2019.
516
The amendment to the Law on Protection against Domestic Violence in Republika Srpska provides that between
300 and 900 KM will be punished for a misdemeanor by a citizen who does not report domestic violence. In addition,
fines of KM 1,000 to KM 3,000 are provided for employees of educational, social and health institutions who do not
report domestic violence, as well as fines for employees of protection entities who come to know that they have been
committed or that there is the slightest suspicion that domestic violence has been committed and not reported. Legal
liability shall also be borne by a police officer who fails to comply with the obligations of this Law. Among the
newspapers is the extension of the circle of persons who may be perpetrators and victims to persons who were or are
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