INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
the provisions of their criminal legislation. Ombudspersons recommend 345 to the relevant
authorities of the Federation of Bosnia and Herzegovina without delay to start the amending
procedure to the Criminal Code of the Federation of Bosnia and Herzegovina in order to increase
the efficiency of processing and punishing the criminal offences of violence, sexual violence and
abuse of women and children, as well as domestic violence.
Ombudspersons welcome the adoption of the law on the special register of persons convicted based
on final and binding court decisions for sexual abuse and exploitation of children 346 in Republika
Srpska governing the collection and keeping of data on perpetrators of the criminal offences of
sexual abuse and exploitation of children which was a commitment made by Bosnia and
Herzegovina in accepting the Council of Europe Convention on the Protection of Children against
Sexual Exploitation and Sexual Abuse. 347
At the session of the House of Representatives of the Parliament of the Federation of Bosnia and
Herzegovina 348 the Draft Law on the Special Register of Persons Convicted of Criminal Offenses
against Sexual Freedom and Morality against Children and Juveniles was adopted.
Ombudspersons wish to welcome the adoption of this draft law, which will enable the
establishment of a register of pedophiles.
Ombudspersons especially point out to the competent parliaments in Bosnia and Herzegovina349
to their obligation to pay special attention to online violence and be familiar with new trends in
violence against children together with the competent executive authorities: sexting, grooming,
fake Facebook profiles, etc., and that the competent authorities must follow the trends and be
familiar with numerous applications on the Internet.
8.2.1. Special report on the ban of physical punishment of children in Bosnia and
Herzegovina
Violence means any physical or psychological violent behavior directed at a child, directly or
indirectly, by institutions or individuals, which endangers or prevents the normal development of
the child, the integrity of the child's personality or the satisfaction of the child's needs.
In 2019 Ombudspersons have made and presented to the public their Special report on prohibition
of corporal punishment of children in Bosnia and Herzegovina 350. In this Report it is stated that
„violence against adults in any context and all settings is forbidden and punishable, while violence
against children is forbidden and punishable only in educational institutions, social protection
institutions and institutions for enforcement of criminal sanctions“.
345
P-117/19
Official Gazette of Republika Srpska, no. 31/2018, entered into force in April 2019
347
Article 37 reads: For the purposes of prevention and prosecution of the offences established in accordance with
this Convention, each Party shall take the necessary legislative or other measures to collect and store, in accordance
with the relevant provisions on the protection of personal data and other appropriate rules and guarantees as prescribed
by domestic law, data relating to the identity and to the genetic profile (DNA) of persons convicted of the offences
established in accordance with this Convention.
348
At its session held on 29 January 2020
349
Parliamentary Assembly of Bosnia and Herzegovina, National Assembly of Republika Srpska, Parliament of the
Federation of BiH, Assembly of BD BIH.
350
https://www.ombudsmen.gov.ba/Download.aspx?id=286&lang=BS
346
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