INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
of narcotics, feces, urine, garbage, etc ... The investigation in this case which shows how
challenging is dealing with these issues is ongoing.
8.4. Protection of children in administrative and court proceedings
Processing the individual complaints of citizens in the Department for the Protection of the Rights
of the Child, it can be stated that a large number of complaints concern the protection of the rights
of the child in court and administrative proceedings. Ombudspersons very often turn to the courts
during the investigation process and demand urgent action in civil matters when deciding on the
rights of the child, recommending that the courts act in the best interests of the child.
Ombudspersons can state that the courts, in most cases, take into account the opinions and
recommendations of the Ombudsman and take the highlighted cases as a priority.
Unfortunately, in light of the provisions of the UN Convention on the Rights of the Child and
family law in Bosnia and Herzegovina, Ombudspersons often find violations of children's rights.
While processing the cases involving children Ombudspersons primarily call their parents to
account, because both parents have a shared responsibility to raise the child 362. On the other hand,
the competent authorities have an obligation to assist parents in fulfilling their responsibilities for
raising children and ensuring the development of institutions, capacities and services for the
protection and care of children.
In this part of the Annual Report, Ombudspersons point out to the governments of the Republika
Srpska and the Brčko District to necessity of adopting the appropriate amendments to the existing
family laws or the legislation on social or child protection to enable regular courts to decide in
proceedings initiated on the motion of the parent not having the custody of the child to maintain
regular contacts 363.
Through their special and annual reports, Ombudspersons continuously point out to the competent
bodies at all levels of government, that it is necessary to pay special attention to the category of
so-called single parents (single-parent families) in order for them to enjoy special legal protection
and any other type of protection necessary, in accordance with the best interests of children, and
to make in-depth analysis and realistic assessments for the same purpose (providing assistance to
single parents or children) with the aim of establishment and functioning of alimony funds. With
regard to alimony, the Family Law of the Federation of Bosnia and Herzegovina stipulates that,
when the court finds that parents and other persons obliged to provide maintenance are not able to
meet the needs of child support, the guardianship authority is obliged to provide funds for child
support from budget funds. According to information available to the Ombudsman, the
Government of the Federation of Bosnia and Herzegovina instructed the competent ministries to
consider the establishment of an alimony fund and submit a proposal to the Government to resolve
this issue 364. Despite the Ombudsman's advocacy efforts, the establishment of alimony funds in
the Republika Srpska and the Federation of Bosnia and Herzegovina has not yet taken place.
362
Article 18 of UN Convention on the Rights of the Child
In the Federation of Bosnia and Herzegovina courts decide on these issues
364
Ombudspersons of Bosnia and Herzegovina have information that the Government of the Federation of BiH in
2014 instructed the Federal Ministry of Justice, as a proponent and a drafter of the FBiH Family Law, to amend
363
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