INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
The judicial system should be organized in such a way that its constituent bodies can fulfill the
requirements provided for in Article 6, paragraph 1 of the European Convention. This implies the
obligation of the State party to conduct proceedings in civil and criminal matters, before the courts
and other state authorities, without undue delay and to end within a reasonable time.
Economic, social and cultural rights are guaranteed by the constitutions of Bosnia and
Herzegovina, the Republika Srpska and the Federation of Bosnia and Herzegovina, and the
constitutions of ten cantons, and in more details are governed by legislation at the entity and
cantonal levels. In the course of 2019, a total of 801 complaints were registered with the
Department for Economic, Social and Cultural Rights. The largest number of complaints received
relates to violation of the right to work, and the most noticeable violations are in competitive
recruitment procedures, unlawfulness related to the termination of employment contracts,
procedures related to promotion, non-payment of contributions for pension and disability
insurance, as well as non-payment of salaries to the workers by the employer.
Complaints in the field of education are related to the failure of the ministries responsible for
education to make certain decisions, the inability of continuation of education in the same school,
as well as poor material conditions, i.e. inadequate teaching premises. A certain number of cases
related to the procedure of conducting competitive procedures at higher education institutions,
accreditation of higher education institutions, recognition of diplomas and non-recognition of
appropriate titles in scientific and teaching fields within the higher education.
The number of complaints registered with the Ombudsman as utility complaints, which relate to
the supply of water, electricity, gas, etc. to the inhabitants, is ever increasing. In 2019, complaints
related to the failure to provide services by utility companies, problems with water supply,
unresolved requests for connection to the water supply network, problems related to the selection
of a manager in charge of management and maintenance of the common areas in residential
buildings, provision and denial of services by utility companies, irregularities in billing of utilities,
statute of limitation of utility bills, etc.
In the area of health care, a significant number of complaints related to difficulties in
reimbursement of health care costs to be borne by health insurance funds and the inability to obtain
health care due to the unavailability of medicines to certain categories of patients according to
their actual needs. At the same time, problems with procurement of medicines that are not
registered or available in Bosnia and Herzegovina are evident.
In 2019 registered complaints related to pensions were mostly about the length of the proceedings
in the first and second instance regarding the recognition of the right to a pension, as well as certain
irregularities in the calculation of the amount of pensions. In addition, slowness of the process of
recognition and exercise of rights is a problem if the complainant has gained work experience in
other countries, i.e. procedures concerning the recognition of a proportionate part of the pension
to be borne by pension insurance institutions in other countries, in accordance with social insurance
agreements which Bosnia and Herzegovina has signed with these countries.
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