CEDAW/C/76/D/116/2017
been left to survive in poverty without resources to cover her basic needs and medical
expenses, all of which amounts to a violation of article 1, read in conjunction with
articles 2 (a) and (c)–(f), 3, 12 and 13 (a) and (b), of the Convention.
5.10 The author also observes that, as noted by the State party, it is difficult for
victims of rape and other forms of sexual violence during the conflict to have their
status or rights acknowledged under the Law on the Protection of Civilian Victims of
War, owing to the conditions that must be met. She adds that the draft law on the
protection of victims of torture in the Republika Srpska has not been adopted. 20
5.11 With regard to the claim by the State party that provision is made under the law
for free legal aid, the author notes that, although she lives in extreme poverty, she has
not been able to afford legal assistance from any State institution and that court fees
have not been waived in her case.
5.12 The author also notes that she proved that her current state of health is a
consequence of the event of 1995 with the medical certificate of 13 March 2014, in
which it is affirmed that the author is afflicted by multiple gynaecological problems
and inflammation, which was never the case before. Moreover, the author alleges that
the State party fails to recall that the author has been assessed as suffering from a
depressive disorder and permanent personality change due to the traumatic experience
to which she was subjected.
5.13 In the light of the above, the author considers that the State party had failed to
provide solid legal arguments against the admissibility of her co mplaint or to
adequately challenge the facts and the merits as described and argued by the author
in her initial communication. Hence, she maintains her allegation that her complaint
should be declared admissible and that the State party is in violation of its obligations
under the articles of the Convention mentioned above.
Author’s additional information
6.1 On 16 April 2019, the author submitted an information note regarding a relevant
factual development.
6.2 On 21 June 2018, the Law on the Protection of Victims of Torture was adopted
by the Republika Srpska. It entered into force on 5 October 2018 and provides for
monthly disability pensions for victims of conflict-related sexual violence.
6.3 On 17 December 2018, the author lodged a request with the Department for the
Protection of War Veterans and Persons with Disabilities of Prijedor Municipality to
obtain recognition of her status as a victim of conflict-related sexual violence.
6.4 On 8 February 2019, the Department issued a decision recognizing her status as
a victim of conflict-related sexual violence and acknowledging her right to receive a
monthly disability pension of 130 marka (€66.47).
6.5 Nonetheless, the author maintains her allegations and legal arguments. Although
her status as a victim of conflict-related sexual violence has been acknowledged, the
amount of the monthly pension can by no means be considered to be proportional to
the gravity of the crime and the harm that she suffered. The author a lso notes that the
amount of the pension is discriminatory, given that the amount received for the same
reasons in the Federation of Bosnia and Herzegovina is approximately 580 marka
(€296.94). Furthermore, in the Republika Srpska, the disability pension f or victims
of sexual violence tends to be lower than for victims of other forms of torture (the
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The author subsequently provided updated information on the Law on the Protection of Victims
of Torture, which was adopted in June 2018 (see below).
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