ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
in the form of abuse and neglect, the responsibility and obligation of all those who work with
children, as well as every citizen, to report violence against children, must not be neglected. Every
child has the right to respect for his or her human dignity and physical integrity, and to equal
protection of the law.
By ratifying international standards for the protection of children's rights, Bosnia and Herzegovina
has undertaken to protect children from all forms of psychological or physical violence, as well as
sexual abuse. Ombudspersons consider it necessary to point out the exceptional importance of the
UN Convention on the Rights of the Child, the Council of Europe Convention on Protection of
Children against Sexual Exploitation and Sexual Abuse (also known as the Lanzarote
Convention) 340 and Council of Europe Convention on preventing and combating violence against
women and domestic violence (the Istanbul Convention).
Bosnia and Herzegovina is also a signatory to two optional protocols to the UN Convention on the
Rights of the Child, namely: the Optional Protocol to the Convention on the Rights of the Child
on the involvement of children in armed conflict and the 2000 Optional Protocol on the Sale of
Children, Child Prostitution and Child Pornography 341.
United Nations Committee on the Rights of the Child 342 in its Concluding Observations states the
following „that the types and lengths of criminal sanctions for sexual exploitation and sexual abuse
of children in domestic criminal law are not proportionate to the consequences of these acts on
victims and therefore require the legislature to provide adequate and proportionate penalties for
perpetrators of criminal offences of sexual exploitation and abuse of children“.
Following the initiative of a couple of NGOs 343 for the amendments to the Criminal Code of the
Federation of Bosnia and Herzegovina, Ombudspersons registered a case (these NGOs asked for
harmonization of the Criminal Code of the Federation of Bosnia and Herzegovina with
international documents governing the sexual violence against women and children and protection
of children from all forms of phychological or physical violence, as well as sexual abuse) 344. The
said legislative proposal was drafted and in form of a bill in July 2017 put in parliamentary
procedure. On 19 October 2017 the Government of FBiH provided its opinion on this Bill to the
Speaker of the House of Representatives of the Parliament of FBiH claiming that it offered a
quality legal solutions and suggested it to undergo the regular parliamentary procedure as a legal
draft. However, irrespective of the obligations assumed by the state of Bosnia and Herzegovina
by ratification of international documents for the protection of human rights and the rights of the
child, the competent authorities of the Federation of Bosnia and Herzegovina failed to harmonize
Treatment of Children and Juveniles in Criminal Proceedings Brčko distriktu Bosne i Hercegovine Official Gazette
of Brčko District of Bosnia and Herzegovina, no. 44/2011.
340
Article 1 reads: The purposes of this Convention are to: .prevent and combat sexual exploitation and sexual abuse
of children; b.protect the rights of child victims of sexual exploitation and sexual abuse; c. promote national and
international co-operation against sexual exploitation and sexual abuse of children.
341
Official Gazette of Bosnia and Herzegovina, no. 5/2002 - International Treaties.
342
While considering the combined fifth and sixth periodic reports of Bosnia and Herzegovina (CRC/C/BIH/5-6) on
its 2404th and 2405th sessions held on 10 and 11 September 2019
343
Initiative of the NGO "Zemlja djece u BiH", NGO "Žene ženama" and Association of Prosecutors of FBiH within
the campaign under the title "Šutnja nije zlato / Silence is not golden"- stop sexual violence against women
344
Ž-BR-01-176/18
83
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