Commentary

Right to education without discrimination: the case of "Vrbanjci"

Dženana Radončić
2017

Adoption of the curriculum that neither foresees nor adequately respects the national group of subjects for the constituent people that represent a minority constitutes a violation of the right to education despite the fact that the law such a plan and program is based on proclaims the principle of prohibiting discrimination. 

Commentary

Age as a new discrimination ground in Bosnia and Herzegovina

Kosana Beker
2018

Amendments to the Law on the Prohibition of Discrimination extend the number of prohibited grounds, introducing, among others, age as a personal characteristics based on which discrimination is explicitly prohibited.

Commentary

Prohibitions of wearing religious symbols in the workplace: the perspective of the Court of Justice of the European Union

Amila Kurtović
2018

The European Court of Human Rights has developed a significant body of jurisprudence in the area of religion-based discrimination in the context of violations of religious freedoms, including those relating to the issue of religious symbols in the public and in the workplace.

Commentary

Discrimination on the Grounds of Disability in Bosnia and Herzegovina: The Challenges of the New Legal Provisions

Kosana Beker
2017

Persons with disabilities in Bosnia and Herzegovina continue to face numerous problems in the realization of their rights. Reports of numerous international institutions indicate discrimination of these individuals in a number of fields. Recent amendments to the Law on the Prohibition of Discrimination have, among other things, improved the mechanisms for the protection of rights of persons with disabilities. Nonetheless, the new provisions also mean new challenges for the courts in BiH.

Commentary

Education of children with disabilities in BiH: a long way from integration to inclusion

Aleksandra Ivanković
2017

According to UNICEF estimates for 2006, around 6.5 percent of children in Bosnia and Herzegovina have some form of disability. However, out of the total number of elementary and primary school attendants, only one percent of children with disabilities are included, which means that only six children with disabilities get the opportunity to attend kindergarten or elementary school with their peers.

Commentary

The principle of parity and (non) discrimination in the civil service in Bosnia and Herzegovina

Vesna Pirija
2017

The circumstances of signing the Dayton Peace Agreement, whose integral part is the Annex IV, as the Constitution of Bosnia and Herzegovina, have led to constitutional solutions according to which the constituent peoples were placed in a more favorable position than other citizens, regardless of being national minorities or nationally indeterminate citizens. However, even in a consociational arrangement, the requirement for proportional representation and parity should not be exercised at the expense of of non-discrimination as the basic principle of human rights protection.

Commentary

Parental right or segregation?: "two schools under one roof" before two courts in two cantons

Aleksandra Ivanković
2017

Although the separation of children on the ethnic grounds is wrong and contrary to the fundamental rights of the child, the Constitution of Bosnia and Herzegovina and a number of international conventions guaranteeing human rights, the practice of segregation in schools is still present.

Commentary

Protection from multiple discrimination: new challenges for courts and Ombudsmen Institution in Bosnia and Herzegovina

2016

The Draft Law on Amendments and Addenda to the Law on Prohibition of Discrimination, which passed at House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina (14. 07. 2016), defines aggravated forms of discrimination which includes multiple discrimination.

Commentary

When can disparate treatment be justified?

Vanja Kovač
2016

Article 5 of the Ant-discriminatory Law determines general conditions for justifying disparate treatment as well as the list of concrete exemption from the principal of equal treatment. Considering the complexity of this topic, the question is do decision makers in this cases have relevant knowledge and information about the implementation of Article 5 of this Law.

Commentary

Strategic Litigation as a Tool Against Discrimination in Bosnia and Herzegovina: Theory and Practice

Aleksandra Ivanković
2016

Although the awareness of dicrimination is widespread, there is only a few tools that can be used to fight it. Rarre finance support can give visible results and ensure concrete protection. As one of a few tools aginst dicrimination, stratigic litigation in past couple of years became more present in Bosnia and Herzegovina, at least among expert debates.