INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
being, and diminishes their contribution to social, economic, cultural and political life, and is
therefore unacceptable in modern society and is a violation of the rights of older people who are
full citizens with the same rights as everyone else.
9.3. Institute for Medical Expertise of the Federation of Bosnia and
Herzegovina
Since 2011, the Ombudsmen have been pointing to citizens' dissatisfaction with the work of the
Institute for Medical Expertise of the Federation of Bosnia and Herzegovina. 435
During 2014, the Institution ex officio registered the case 436 and issued a Recommendation to the
Institute for Medical Expertise of the Health Status of the Federation of Bosnia and Herzegovina
to cease to apply the Instruction on the Application of the Disability List as an absolutely null and
void act and to apply the Disability List as an act in force and adopted in legal procedure by the
competent authority. Then, the Government of the Federation of Bosnia and Herzegovina, by
Conclusion No. 822/2015 of 02 July 2015, ordered the Director and the Board of Directors of the
Institute for Medical Expertise of Health to immediately harmonize the Rulebook on Criteria and
Procedure for Medical Expertise of Health and to adopt a new Disability List principles on the
unique criteria and non-discrimination of persons with disabilities with regard to the cause of
disability and the principles enshrined in the UN Convention on the Rights of Persons with
Disabilities.
Since the Institution received complaints from citizens about the work of the Institute afterwards,
the issue of its work was again updated in 2018 by opening a new ex officio case in order to check
the implementation of the Conclusions of the Government of the Federation of Bosnia and
Herzegovina. The Institute submitted a reply stating that the text of the new Rulebook on the
criteria and procedure for medical evaluation of a medical condition had been drafted, but that the
approval of all competent ministries had not been received. 437 From the response submitted to the
Institution it follows that the Federation Ministry for the Issues of Veterans and Disabled Veterans
of the Defensive and Liberation War will deliver the opinion in question, after the organizational
units of this Ministry give their opinion on the proposed Rulebook 438. The Federation Ministry of
Finance did not approve, stating that the Information on the assessment of the entry into force of
the aforementioned Rulebook also emphasized the need for an increase in the number of employed
medical doctors-experts, which entails an increase in other costs as well, i.e. an increase in the
budget allocations of the cantonal and Federation ministries. The list of disabilities that would be
implemented would require the need to increase the budgetary contributions of the Federation
435
Annual Report on the Results of the Activities of the Human Rights Ombudsman of Bosnia and Herzegovina 2011,
available at:
https://www.ombudsmen.gov.ba/documents/obmudsmen_doc2013012811550655bos.pdf
Annual Report on the Results of the Activities of the Ombudsman Institution of Bosnia and Herzegovina for 2013,
available at:
https://www.ombudsmen.gov.ba/documents/obmudsmen_doc2014042313584567bos.pdf
436
Ž-SA-02-851/14, P-154/14.
437
Institute for Medical Examination of Health Status, Act No: 01-426/19 of 19 February 2019.
438
Federation Ministry for the Issues of Veterans and Disabled Veterans of the Defence and Liberation War, Act No.
03-41 3467/2019 of 04 November 2019.
106
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