Judicial Protection from Discrimination in Bosnia and Herzegovina: Analysis of Laws and Practice Based on Initial Cases in This Field
Judicial Protection from Discrimination in Bosnia and Herzegovina: Analysis of Laws and Practice Based on Initial Cases in This Field

Author(s): Not Specified Author
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Court case
Published by: Analitika – Centar za društvena istraživanja, sva prava pridržana
Keywords: BiH; discrimination; judicial protection; laws; practices; initial cases;
Summary/Abstract: In the course of 2011 and 2012, Analitika conducted a research on the key issues regarding the protection of individuals from discrimination, based on the (rather limited) court practice in this area in Bosnia and Herzegovina (BiH). The research has shown, inter alia, that courts often misunderstand and incorrectly interpret key novelties in civil proceedings concerning the protection from discrimination, such as shifting the burden of proof on the defendant, and that the legally prescribed urgency of anti-discrimination proceedings is generally not respected. Moreover, some legal provisions, such as the ones setting extremely unfavourable costs of the proceedings for the victims of discrimination giving extremely short deadlines for filing anti-discrimination lawsuits, or determining that the territorial jurisdiction of the court be based on the place of residence of the defendant, and not the plaintiff , are not in accordance with best practice in this area, and as such, present an additional obstacle for the effective litigation against discrimination in BiH.

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