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.

Commentary

The Specifics of Proving Mobbing in Civil Proceedings

Mario Reljanović
2015

Commentary written by Mario Reljanović aims to show the key parameters for proving mobbing in civil proceedings, which is of great importance since their correct understanding and application in civil proceedings may guarantee better legal practice in this field.

Commentary

Residence as Grounds of Discrimination: How Much of Difference in Treatment is Permitted?

Aleksandra Ivanković
2015

Analitika’s new Commentary covers the complex issue of discrimination on the territorial basis. The Commentary points that the instruments providing protection against discrimination generally need to be flexible enough to be able to respond to changing circumstances and new forms of differential treatment of citizens, but also that judicial authorities in Bosnia and Herzegovina yet have to come up with the right answers to the many and complex questions raised in terms of territorial affiliation as one of the grounds of discrimination.

Commentary

Basic principles and proving of "other forms of discrimination" under the Law on Prohibition of Discrimination

Aleksandra Ivanković
2015

Analitika's new Commentary aims to highlight the key specifics of other forms of discrimination and their proving, which judges, but also the representatives of the victims of discrimination, should have in mind in the court proceedings for protection from discrimination.

Commentary

The Burden of Proving Direct and Indirect Discrimination

Boris Topić
2015

The key improvement when the Law on Prohibition of Discrimination was adopted was the provision according to which the burden of proof (that discrimination did not occur) transfers to the defendant if the plaintiff manages to demonstrate the existence of assumption or likelihood of discrimination in a concrete case. However, available reports on anti-discrimination court proceedings in Bosnia and Herzegovina indicate that domestic courts introduce very high threshold plaintiffs must reach in order to shift the burden of proof on the defendant, or even completely ignore this important principle by applying general rules of civil procedure in cases related to discrimination as well, despite the more favorable provision of the LPD.

Commentary

Queer Festival Case: Freedom of Assembly and the Prohibition of Discrimination

Boris Topić
2015

Violence against members of the first Sarajevo Queer Festival was the reason for the Organization Q to refer the appeal to the Constitutional Court of BiH because of the failure of the authorities to provide adequate measures for the protection of their rights guaranteed by the Constitution of BiH and the Convention for the Protection of Human Rights and Fundamental Freedoms, but also because of inefficient investigation and identification and sanctioning of offenders.

Commentary

Mistaken Logic in Proving of Anti-Discrimination Proceedings: The Case of the Supreme Court of FBiH

Aleksandra Ivanković
2015

The author Ivanković-Tamamović, using the case of Janja Martina Katović against the Glamoč municipality, points at the inaccurate implementation of discrimination legislation and rules of proving in antidiscrimination cases of the Supreme Court of Federation of Bosnia and Herzegovina.

Commentary

Commentary on Negative Court Ruling in Two Schools under One Roof Case

Aleksandra Ivanković
2013

The commentary “Continuing Discrimination with Judicial Means: Logical Acrobatics and Absurdities of the Second Instance Decision in the Case of ‘Two Schools under One Roof,’“ written by Aleksandra Ivanković-Tamamović, offers an analysis of the recently adopted decision of the Cantonal Court in Mostar by which the first instance judgment of the Municipal Court in Mostar from 2012, which established that organizing lectures based on the principle of ethnicity discriminated against children in the divided schools of the Hercegovina-Neretva Canton, was annulled and the complaint itself was dismissed on procedural grounds.