INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
child in the repeated procedure and to obtain relevant data on the health condition of both parents
in order to assess parental abilities, with the active participation of guardianship authorities. The
mother points out that she does not see the child, and that she asks the Social Welfare Center to
arrange contacts until the end of the court proceedings. Following the investigation, the
Ombudsmen issued a Recommendation 370 to the Regional court in Banja Luka and the Social
Welfare Center in Kotor Varoš. The Ombudsman's recommendation was fully implemented by the
Regional court in Banja Luka, while the Social Welfare Center takes certain measures to establish
communication between the parents.
Example: A complainant addressed the Ombudsman 371 having objections to the work of the
Bosanska Krupa Social Welfare Center, which declared itself not competent to issue a temporary
decision on entrusting the child until the end of the court proceedings, explaining that it was an
extramarital union, and instructed the complainant to go to court to protect the rights and interests
of the minor. The complainant filed a lawsuit in court, however, the problem is that the court
proceedings take a very long time. In the specific case, the court reacted efficiently and adequately,
and the best interest of the child was realized, and until the final decisions of the court, the child
sees and maintains contacts with the father. At the same time, the question arises as to what would
have happened if the court had not reacted quickly.
Example: Ombudspersons opened an ex officio investigation 372 after the media reports titled
„Pedofile with no sanction for months“. The Ombudsman's investigation revealed that the court
proceedings against an adult charged for the criminal offense of exploiting children for
pornography under Article 185, paragraph 1 of the Criminal Code of the Republika Srpska lasted
a long time. In the last written correspondence, the acting judge informed Ombudspersons that
the case was not marked as an urgent matter, that this case was assigned to her on 17 September
2019 and that the case is scheduled for resolution in 2020. Ombudspersons are of the opinion that
this is an urgent matter, and they made a recommendation 373 to the court to this end. The
recommendation was implemented.
8.5. Health care of children
Applicable legislation at all levels of government in Bosnia and Herzegovina provides that the
right to health care of a child is conditioned by the status of their parents/guardians or this right is
related to the school attendance by the child. Ombudspersons express their concerns over the fact
that equal access and equal opportunities have not been provided as it comes to health care of
children in the entities and the Brčko District of Bosnia and Herzegovina emphasizing that no
additional measures have been taken in the field of inclusion of children with mental and physical
disabilities, as well as children from marginalized groups such as the Roma. Efforts to create
minimum standards for child health care in the entities and the Brčko District of Bosnia and
Herzegovina have not sufficiently resulted in child health care services being tailored to the needs
of a developed society.
370
P- 207/19
Ž-BL-01-297/19
372
Ž-BL-01-304/19
373
Recommendation no. P-286/19 dated 24 December 2019
371
90
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