ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
A large number of complaints concern the endangerment of children's rights in the so-called
conflict divorces. Given the frequency of this problem, Ombudspersons state with certainty that
these are problems that put a large number of children at a significant disadvantage. For every
child, the divorce of his parents is a very stressful experience that undoubtedly provokes strong
emotional reactions, but unfortunately, we often witness that parents by their behavior make it
even more difficult for children to pass through that experience, due to their own inability to cope
with the situation and their lack of responsibility for improving the relationship with the child and
their ex-partner.
In dealing with specific cases, Ombudspersons seize the opportunity and point out to social welfare
centers that they must decide on all relevant issues related to the rights of the child before the
courts do so, when the best interests of the child require it in a given situation. Ombudspersons
call on the centers to always act in the best interests of the child, which in many situations will
include making interim decisions, before the issuance of the court decisions, in order to protect the
child.
Example: A complainant was a mother of a child 365 who addressed the Ombudsman complaining
that the child's father does not pay child maintence in full or pays it with a certain delay. During
the proceedings, Ombudspersons determined that following the mother's lawsuit, the Basic Court
in Banja Luka found the father guilty of a criminal offense of evasion of providing the child
support. In accordance with their competencies, Ombudspersons requested the court to act urgently
and accellerate the enforcement procedure since this matter involves the protection of the rights
of the child. Ombudspersons made a recommendation 366to the Basic court in Banja Luka, which
was implemented.
Example: Having investigated allegations in a complaint 367 Ombudspersons established a
violation of the rights of the child as a consequence of the divorce proceedings of his parents.
Ombudspersons issued a recommendation 368 to the Social Welfare Center Tuzla and Cantonal
Prosecutor's Office of Tuzla Canton. Ombudspersons emphasize that special attention is required
in sense of intensified supervision and taking urgent measures if the competent authority during
the proceedings in any way learns that the safety or physical integrity of the child is in question.
The recommendation is implemented.
Example: In a case processed following a complaint 369 it was established that after the divorce
the child was entrusted to the mother, and the amount of maintenance was determined for the
father to pay under the judgment of the Basic Court in Kotor Varoš. However, the judgment of the
District Court in Banja Luka quashed the first-instance judgment in the part concerning the costs
of the proceedings and in the part concerning the entrustment of the child. It is extremely important
that the second instance court gave clear instructions to the first instance court to hear the minor
Article 237 in order to more clearly define competencies and to draft a bylaw that will govern the issue of securing
the funds from the FBiH budget intended for child support and maintenance
Ž-BL-01-597/17
P-159/19 dated 03 July 2019
367
Ž-BL-01-186/18
368
P-01/19
369
Ž-BR-01-882/18
365
366
89
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