ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
assessing the ability and classification of children and youth with physical or mental disabilities
was classified into a group of persons with combined disabilities; stay in the Educational and
Rehabilitation Center "Duga". On July 11, 2018, the Novi Travnik Center for Social Work
submitted to the Police Station a report from the KD "Domestic Violence", committed by the
named father. Novi Travnik Police Station Filed a Motion with the Travnik Municipal Court on
11 July 2018 for a Protective Order 519; The Travnik Municipal Court rendered the Decision 520
imposing safeguards; and informed the Prosecutor's Office of Central Bosnia Canton 521 The Novi
Travnik Police Station that an indictment was filed with the Travnik Municipal Court for the
criminal offense of Domestic Violence referred to in Article 222 (2) in conjunction with paragraph
1 of the Criminal Code of the Federation of Bosnia and Herzegovina.
Since the day of reporting domestic violence, no one has approached the Novi Travnik Police
Station to file a new report on domestic violence or anything similar. The foregoing is an extremely
positive and multidisciplinary approach to the actions of those responsible for receiving reports of
domestic violence.
10.6. Unequal treatment of spouses and partners in exercising the right to a
family pension
As in previous years, the Ombudsmen again point to the problem of unequal treatment of spouses
and partners in the exercise of the right to pension in accordance with the provisions of the Law
on Pension and Disability Insurance of the Federation of BiH and the Law on Pension and
Disability Insurance of the Republika Srpska. Namely, according to the provisions of family laws
and laws on inheritance of the Federation of BiH and the Republika Srpska, spouses have the same
rights, which is the result of harmonization of the laws in question with international standards and
the Law on Gender Equality of BiH.
However, despite all the activities undertaken by the Ombudsman so far, the entity laws on pension
and disability insurance do not provide extramarital partners with the right to exercise the right to
a family pension beyond the spouse, nor is this possibility foreseen with the entry into force of the
new Law on Pension and Disability Insurance of the Federation of Bosnia and Herzegovina. .
Example: Ombudsmen acted on appeal 522 of the applicant who, after the death of her extramarital
partner, applied for a claim for recognition of the right to a family pension, which claim was
rejected by Decision No. FZ12/2/1-35-3-51383-5/18, precisely because it was an extramarital
union. The Federation Ministry of Labor and Social Policy submitted its response 523 It states: “We
would like to inform you that the Federation Ministry of Labor and Social Policy has drafted the
Law on Amendments to the Law on Pension and Disability Insurance, under which all the
Initiatives for Amendments to the Law on Pension and Disability Insurance were considered.
However, as in practice new problems arise in the implementation of certain provisions, where,
519
Act no. 02/7-4-1-04-2-2448/18
Ruling No. 51 0 Pr 142490 18 Pr of 11 July 2018.
521
On 16 October 2018.
522
Ž-SA-04-344719
523
Ministry of Labor and Social Policy Federation Act, No. 04-35/16-3251/19 EB of 13 December 2019.
520
129
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents