Kako do adekvatne strategije za prevenciju i borbu protiv diskriminacije? Moguće lekcije za Bosnu i Hercegovinu
How to Develop Adequate Strategy for Preventing and Combating Discrimination?: Possible Lessons for Bosnia and Herzegovina

Author(s): Vesna Pirija
Subject(s): Studies in violence and power, Victimology, Social Norms / Social Control
Published by: Analitika – Centar za društvena istraživanja, sva prava pridržana
Keywords: BiH; discrimination; protection; gender; prevention strategy;
Summary/Abstract: Bosnia and Herzegovina has built a legal framework to combat discrimination in the past. The prohibition of discrimination proclaimed by the constitutions was elaborated in detail by the Law on Prohibition of Discrimination (ZZD), which at the time of its enactment was a progressive legal solution. By adopting the amendments to the CPA during 2016, significant shortcomings related to incompleteness and terminological inconsistency of the grounds and forms of discrimination were eliminated, and the procedural aspects of the procedure for protection against discrimination before the court were improved. // However, discrimination remains an acute problem of BiH society, which is confirmed year by year by relevant reports. Time has shown that the authorities responsible for the implementation of the ZZD do not have the capacity to provide the necessary level of protection to citizens. The competencies and procedures of protection before the Institution of the Human Rights Ombudsman of BiH require fundamental changes, while the case law, despite some progress made in recent years, still "does not follow the significant prevalence of discrimination in BiH society". In addition, the lack of political will to eliminate systemic discrimination established by final court rulings is openly expressed. This situation is discouraging given that declarative constitutional and legal guarantees are not supported by an effective enforcement mechanism.

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