PARLIAMENTARY ASSEMBLY OF BOSNIA AND HERZEGOVINA

161.
Pursuant to Article IV.4. a) of the Constitution of Bosnia and Herzegovina, at a
session of the House of e!resentatives held on "" A!ril "##$ and of the House of
Peo!les held on "1 %a& "##$, the Parlia'entar& Asse'(l& of Bosnia and
Herzegovina enacted the
LAW
ON GENDER EQUALITY IN BOSNIA AND HERZEGOVINA
I. )*+*A, P-VI.I-+.
Article 1
/his ,a0 governs, !ro'otes and !rotects the e1ual treat'ent of the se2es and
guarantees e1ualit& of o!!ortunit& for all in (oth the !u(lic and the !rivate do'ain,
and !rohi(its direct and indirect discri'ination on the grounds of gender.
Article "
/he se2es have e1ual rights.
3ull e1ualit& of treat'ent for (oth se2es is guaranteed in all sectors of societ&,
!articularl& in the fields of education, the econo'&, e'!lo&'ent and la(our, social
0elfare, health care, s!ort, culture, !u(lic life and the 'edia, regardless of 'arital or
fa'il& status.
4iscri'ination on the grounds of gender and se2ual orientation is !rohi(ited.
II 4I.CI%I+A/I-+
Article $
3or the !ur!oses of this ,a0, discri'ination on the grounds of gender is defined as all
5uridical or effective, direct or indirect distinction, !rivilege, e2clusion or restriction
on the grounds of gender as a result of 0hich the recognition, e2ercise or en5o&'ent
of a !erson6s hu'an rights and freedo's in the !olitical, educations, econo'ic, social,
cultural, s!orts, civil and all other do'ains of !u(lic life are denied or curtailed.
4iscri'ination 'a& (e direct or indirect.
4irect discri'ination on the grounds of gender occurs 0hen a !erson has (een, is, or
'a& (e treated less favoura(l& on the grounds of gender than another in the sa'e or a
si'ilar situation.
Indirect discri'ination on the grounds of gender occurs 0hen a!!arentl& neutral legal
standards, criteria or !ractices that are e1ual for all have the effect of leaving a !erson
of one se2 disadvantaged (& co'!arison 0ith a !erson of the other se2.
.tandards, criteria or !ractice that 'a& (e o(5ectivel& 5ustified (& the achieve'ent of
a la0ful ai' !ro!ortion to necessar& and 5ustified 'easures shall not (e regarded as
discri'ination on the grounds of gender.
Pursuant to !ara. 7 of this Article, the introduction of s!ecial 'easures designed to
!ro'ote the e1ual treat'ent of the se2es and to eli'inate e2isting ine1ualities or to
!rotect the se2es on the grounds of (iological attri(utes is !er'itted.
III 4*3I+I/I-+.
Article 4
3or the !ur!oses of this ,a0, the follo0ing definitions shall a!!l&8
a) gender is the sociall& esta(lished role of 0o'en and 'en in !u(lic and !rivate life
as distinct fro' the e2!ression (esto0ed (& (iological attri(utes. /he e2!ression of
se2, for the !ur!oses of this ,a0, indicates the significance given to the (iological
attri(utes of se2 0ithin societ&9
() gender-baed !"#$en%e is an& act that causes !h&sical, 'ental, se2ual or econo'ic
har' or suffering, as 0ell as threats of such acts that seriousl& i'!ede a !erson6s
a(ilit& to en5o& his or her rights and freedo's on the grounds of the e1ual treat'ent of
the se2es in !u(lic and !rivate life, including traffic:ing in hu'an (eings for the
!ur!oses of forced la(our, and constraints on or the ar(itrar& de!rivation of freedo'9
c) &ara'en( is an& situation in 0hich ina!!ro!riate (ehaviour related to gender
arises 0hich has the intent and effect of inflicting in5ur& on the dignit& of a !erson or
giving rise to inti'idation, hostilit&, or de'eaning, threatening or si'ilar situations9
d) e)*a$ &ara'en( is an& (ehaviour that in 0ord, action or !s&chological effect of
a se2ual nature in intent or effect inflicts in5ur& on the dignit& of a !erson or gives rise
to inti'idation, hostilit&, or de'eaning, threatening or si'ilar situations and 0hich is
'otivated (& (elonging to another gender or different se2ual orientation and 0hich to
the victi' re!resents ina!!ro!riate !h&sical, ver(al, suggestive or other (ehaviour9
e) e'+$#,er, e'+$#,ee, -#r.er shall have the 'eanings given to these ter's in the
*ntit& la0s governing la(our and e'!lo&'ent.
IV *4;CA/I-+
Article 7
*ver&one shall have e1ual rights to an education, regardless of gender.
*ducation institutions 'a& not discri'inate on the grounds of gender in relation to8
ter's of ad'ission9
refusal of ad'ission9
the 0a& access to services, facilities and (enefits is afforded9
e2clusion fro' the education !rocess9
assess'ent of results achieved during education9
e1ual career o!!ortunities and vocational s!ecialization, training and the
ac1uisition of di!lo'as and degrees9
other !otential circu'stances.
Article 6
/he relevant authorities, education institutions and other 5uristic !ersons shall ensure
that their !lans and 'ethodolog& !rovide for the esta(lish'ent of an education s&ste'
that 0ill guarantee to eli'inate ele'ents of the curriculu' that contain stereot&!ical
social roles for 'en and 0o'en and that result in gender discri'ination and gender
ine1ualit&.
Contents that !ro'ote the e1ual treat'ent of the se2es shall (e an integral !art of the
curriculu' at all education levels.
/he relevant authorities, education institutions and other 5uristic !ersons shall !rovide
effective 'echanis's to !rotect against discri'ination and se2ual harass'ent and
shall ta:e no disci!linar& or other !unitive 'easures against a !erson (& reason that
that !erson has (rought !roceedings for discri'ination, harass'ent or se2ual
harass'ent or has given evidence in relation to discri'ination, harass'ent or se2ual
harass'ent.
V *%P,-<%*+/, =-> A+4 ACC*.. /- A,, /<P*. -3 *.-;C*.
Article ?
*ver&one shall (e e1ual on the (asis of gender in the e'!lo&'ent !rocess.
All for's of discri'ination on the grounds of gender in the e'!lo&'ent !rocess, the
advertise'ent of vacancies, selection !rocedures, e'!lo&'ent and dis'issal are
contrar& to the !rovisions of the la0 other than in the cases sti!ulated (& Article $
!aras. 7 and 6 of this ,a0.
Article @
Prohi(ited discri'ination on the grounds of gender at 0or: and in e'!lo&'ent is
defined as8
failure to !a& e1ual 0ages and other (enefits for the sa'e 0or: or 0or: of e1ual
value9
failure to ensure !ro'otion at 0or: on e1ual ter's9
failure to !rovide e1ual o!!ortunities for education, training and !rofessional
1ualifications9
failure (& an e'!lo&er to !rovide 0or: !re'ises, ancillar& facilities and
e1ui!'ent a!!ro!riate to the (iological and !h&sical needs of e'!lo&ees of (oth
se2es9
different treat'ent on the grounds of !regnanc&, child(irth or e2ercising the right
to 'aternit& leave, including failure to ena(le an e'!lo&ee to return to the sa'e
5o( or another 5o( of the sa'e seniorit& 0ith e1ual !a& after the e2!ir& of
'aternit& leave, as 0ell as different treat'ent for 'en and 0o'en in regard to
deciding ho0 to ta:e u! 'aternit& leave follo0ing the (irth of a child9
an& unfavoura(le treat'ent of a !arent or guardian in (alancing their
co''it'ents in fa'il& and !rofessional life9
organizing 0or:, the allocation of tas:s or other conditions of 0or: or dis'issal
fro' 0or: so that on the grounds of gender or 'arital status an e'!lo&ee is left in
a less favoura(le !osition than other e'!lo&ees9
an& other act constituting an& for' of direct or indirect discri'ination as defined
in Article $ !aras. $ and 4 of this ,a0.
An e'!lo&er is re1uired to ta:e effective 'easures to !revent harass'ent, se2ual
harass'ent and gender discri'ination at 0or: and in e'!lo&'ent as set out in !ara. 1
of this ,a0, and 'a& ta:e no 'easures against an e'!lo&ee (& reason that that
e'!lo&ee has (rought !roceedings for harass'ent, se2ual harass'ent or
discri'ination on the grounds of gender.
Article A
)eneral and s!ecific collective agree'ents should co'!l& 0ith the !rovisions of this
,a0 and ensure e1ualit& of o!!ortunit& regardless of gender.
/rade unions and associations of e'!lo&ers 0ill have a !articular !art to !la& in
ensuring e1ual !rotection of the right to 0or: and e1ual conditions of recruit'ent and
shall ensure that there is no discri'ination on the grounds of gender a'ong their
'e'(ers, 0hether direct or indirect.
Article 1#
*ver&one regardless of gender has an e1ual right to 0or: for gain, 0hich includes
e1ual treat'ent in access to all econo'ic resources, !rivatization, access to credit and
other for's of financial assistance, licences and registration of (usinesses, and the
conditions in 0hich the& are o(tained.
*1ual treat'ent and e1ualit& of o!!ortunit& and the eli'ination of discri'ination
shall also (e assured for 0o'en in rural areas, so that the& 'a& secure su(sistence for
the'selves and their fa'ilies.
VI .-CIA, =*,3A*
Article 11
*ver&one has e1ual rights to social 0elfare regardless of gender.
4iscri'ination on the grounds of gender in the e2ercise of all for's of social rights
sti!ulated (& current legislation is !rohi(ited, in !articular8
0hen a!!l&ing to e2ercise an& social 0elfare right9
in the !rocess of ascertaining social rights and the 'anner in 0hich the& 'a& (e
e2ercised and in identif&ing (eneficiaries9
0hen the e2ercise of ascertained rights ceases.
Article 1"
/he relevant authorities shall ensure that la0s and other regulations and the
'echanis's relating to access to and en5o&'ent of social 0elfare are nonB
discri'inator& on the grounds of gender, 0hether directl& or indirectl&.
VII H*A,/H CA*
Article 1$
*ver&one has an e1ual right to health care and access to health care services,
including those relating to fa'il& !lanning, regardless of gender.
Health care institutions shall ta:e all necessar& ste!s to !revent discri'ination on the
grounds of gender in the en5o&'ent of all for's of health care.
/he relevant authorities shall ta:e all necessar& ste!s to !rotect and advance the
re!roductive health of 0o'en.
VIII .P-/ A+4 C;,/;*
Article 14
*ver&one has e1ual rights and o!!ortunities to !artici!ate in and have access to s!ort
and cultural life regardless of gender.
/he relevant authorities, institutions and 5uristic !ersons are re1uired to ta:e all
!ossi(le 'easures to !revent discri'ination on the grounds of gender and to ensure
e1ual o!!ortunities for8
access to (ranches of s!ort or culture9
the develo!'ent and !rovision of su!!ort for individual (ranches of s!ort or
culture9
the granting of co''unit& a0ards for outstanding achieve'ent in s!ort and
culture 0ithin the sa'e (ranch of s!ort or culture.
IC P;B,IC ,I3*
Article 17
.tate and local authorit& (odies, cor!orate 'anage'ent (odies, !olitical !arties and
other nonB!rofit organizations shall ensure and !ro'ote e1ual re!resentation on the
(asis of gender in 'anage'ent and the decisionB'a:ing !rocess.
/o achieve the ends set forth in !ara. 1 of this Article, the relevant authorities shall
dra0 u! s!ecial !rogra''es and !lans to i'!rove the gender re!resentation in the
(odies of governance at all level. /hese !rogra''es and !lans shall include
'easures designed to i'!rove the gender re!resentation.
In order to ensure e1ual gender re!resentation, the !ercentage of the se2es in
govern'ent (odies at all levels, including the 5udiciar&, legislature and e2ecutive, as
0ell as all other !u(lic services, co''ittees, (oards, and (odies re!resenting the state
at the international level, shall as a rule reflect the e1ual gender re!resentation.
C /H* %*4IA
Article 16
*ver&one shall have the right of access to the 'edia regardless of gender.
/he !u(lic e2!ression concerning or !resentation of an& !erson in an offensive,
denigrator& or de'eaning 'anner in regard to gender is !rohi(ited.
/he 'edia are re1uired in their !rogra''ing to raise a0areness in regard to e1ual
treat'ent of the se2es.
CI P-HIBI/I-+ -3 VI-,*+C*
Article 1?
All for's of violence in !rivate and !u(lic life on the grounds of gender are
!rohi(ited.
/he relevant authorities shall ta:e a!!ro!riate ste!s to eli'inate and !revent violence
on the grounds of gender in !u(lic and !rivate life, and a!!l& instru'ents for the
!rovision of !rotection, assistance and co'!ensation to the victi's of violence.
/he relevant authorities shall also ta:e ste!s to !revent genderB(ased violence,
!articularl& in the field of education, to eli'inate !re5udices, custo's and all other
!ractices (ased on the idea of the inferiorit& or su!eriorit& of either gender or on the
stereot&!ical roles of 'en and 0o'en. /his includes (ut is not restricted to
education and a0arenessBraising a'ong state officials, the general !u(lic, etc.
CII ./A/I./ICA, *C-4.
Article 1@
All statistical data and records collected, recorded and !rocessed in state (odies at all
levels, !u(lic services and institutions, state and !rivate cor!orations and other
entities 'ust (e gender disaggregated.
.tatistical data and infor'ation collected, recorded and !rocessed !ursuant to !ara. 1
of this Article 'ust (e an integral !art of statistical records and accessi(le to the
!u(lic.
CIII C-;/ P-/*C/I-+
*ver&one 0hose rights as set out in this ,a0 are violated 'a& initiate a!!ro!riate
!roceedings in the co'!etent court.
A clai' 'a& (e !ursued (& 5udicial !rocess in the co'!etent court (efore the
ter'ination of !roceedings for redress fro' or 0ithout initiating such !roceedings
0ith an e'!lo&er.
CIV C-%P*+.A/I-+
Article "#
4iscri'ination in the ter's of this ,a0, genderB(ased violence, harass'ent and
se2ual harass'ent on the grounds of gender constitute grounds for co'!ensation. In
such case, the !rovisions of the -(ligations ,a0 and the !rovisions of the relevant
Civil Proceedings ,a0s and the ,a0 on *nforce'ent Proceedings shall a!!l&.
All rulings issued (& co'!etent 5udicial authorities in relation to (reaches of an& of
the !rovisions of this ,a0 shall (e filed 0ith the )ender *1ualit& Agenc& of Bosnia
and Herzegovina, the )ender Centre of the 3ederation of Bosnia and Herzegovina
Dhereinafter8 3BiH )ender Centre) and the )ender Centre of e!u(li:a .r!s:a
Dhereinafter8 . )ender Centre).
CV -B,I)A/I-+. -3 /H* A;/H-I/I*.
Article "1
/he relevant authorities at all levels shall ta:e all a!!ro!riate and necessar& ste!s to
enforce the !rovisions set forth in this ,a0 (& area, including (ut not restricted to8
the ado!tion of !lanned 'easures designed to achieve the e1ual treat'ent of the
se2es in all fields and at all levels of governance9
the enact'ent of ne0 or the a'end'ent of e2isting legislation to (ring it into
confor'it& 0ith the !rovisions of this ,a09
ensuring the !rotection of the civil and cri'inal courts in all cases of (reaches of
the !rovisions of this ,a09
ensuring that statistical data is gender disaggregated in all co''ercial entities,
!rivate and state cor!orations, state and !u(lic organizations and institutions, and
that such data is accessi(le to the general !u(lic.
CVI %-+I/-I+) A+4 .;P*VI.I-+ -3 /H* =->I+) -3 /HI. ,A=
Article ""
/he %inistr& for Hu'an ights and efugees Dhereinafter8 the %inistr&) shall :ee!
under revie0 the 0or:ing of this ,a0.
In order to :ee! under revie0 the 0or:ing of this ,a0, a )ender *1ualit& Agenc& of
Bosnia and Herzegovina Dhereinafter8 the Agenc&) shall (e for'ed under the aus!ices
of the %inistr& for Hu'an ights and efugees.
/he Agenc& shall (e organized and shall o!erate !ursuant to a se!arate ruling to (e
'oved (& the %inistr& s!ecified in !ara. 1 of this Article and issued (& the Council of
%inisters of Bosnia and Herzegovina.
Article "$
/he Agenc& shall in !articular !erfor' the follo0ing functions8
1. !eriodicall& draft a .tate Action Plan to !ro'ote e1ualit& of treat'ent for (oth
se2es, (ased on !ro!osals fro' all .tateBlevel 'inistries, the !lan of the 3BiH
)ender Centre and the . )ender Centre, the said Action Plan to (e !resented
annuall& to the Council of %inisters of Bosnia and Herzegovina for ado!tion9
". 'onitor the i'!le'entation and coordinate activities 0ith all relevant entities in
the !rocess of i'!le'entation of the .tate Action Plan referred to in !oint 1 of
this Article9
$. draft an annual re!ort to the Council of %inisters of Bosnia and Herzegovina on
the status of the se2es in BiH (ased on the re!orts of the 3BiH )ender Centre and
the . )ender Centre9
4. assess the ,a0s, acts and (&Bla0s ado!ted (& the Council of %inisters of Bosnia
and Herzegovina so as to :ee! under revie0 their i'!act on the e1ual treat'ent
and e1ual gender re!resentation9
7. design a 'ethodolog& for assessing the i'!act of state !olic& and !rogra''es
relating to e1ualit& of treat'ent for (oth se2es9
6. !erfor' other tas:s related to the !ro'otion of the e1ual treat'ent of (oth se2es
and the i'!le'entation of the !ur!oses of this ,a0.
Article "4
/he 3BiH )ender Centre and the . )ender Centre shall also :ee! under revie0 the
0or:ing of the ,a0 and shall re!ort thereon at least once a &ear to the %inistr&.
=hen drafting the said re!orts, the& are re1uired to coo!erate and consult 0ith the
nonBgovern'ental sector, in !articular 0ith organizations dealing 0ith hu'an rights.
/he 3BiH )ender Centre and the . )ender Centre shall endeavour to ensure that
(alanced se2ual e1ualit& !olicies are !ursued at all levels of governance and shall in
that regard coo!erate 0ith nonBgovern'ental organizations and la(our unions.
/he 3BiH )ender Centre and the . )ender Centre 'a& at an& ti'e !resent a s!ecial
re!ort to the %inistr&.
All re!orts issued (& the 3BiH )ender Centre and the . )ender Centre shall (e
'ade !u(lic.
Article "7
/he 3BiH )ender Centre and the . )ender Centre shall have the right to investigate
(reaches of this ,a0 at the re1uest of 'inistries, citizens, or nonBgovern'ental
organizations, or on their o0n initiative.
/he 3BiH )ender Centre and the . )ender Centre shall !artici!ate in 'oving and
drafting la0s, other regulations and general acts and in deter'ining 'easures
designed to achieve e1ualit& of treat'ent and o!!ortunit& for (oth se2es.
/he 3BiH )ender Centre and the . )ender Centre shall dra0 u! re!orts and
reco''endations on the (asis of their findings, and shall su('it the' to the relevant
authorities and interested !arties.
In the event that the 3BiH )ender Centre or the . )ender Centre esta(lish that the
e1ual treat'ent of the se2es has (een contravened as a result of la0s or (&Bla0s
failing to co'!l& 0ith this ,a0, the& shall 'ove that the !rocedure to a'end the said
legislation shall (e initiated.
/he detailed !rocedure for so doing shall (e set forth in the rules of !rocedure of the
3BiH )ender Centre and the . )ender Centre.
Article "6
/he relevant authorities and other state institutions, e'!lo&ers, and other 5uristic and
natural !ersons are re1uired to !rovide all necessar& infor'ation and facilitate the
ins!ection of docu'entation at the re1uest of the Agenc&, the 3BiH )ender Centre
and the . )ender Centre forth0ith, or 0ithin fifteen da&s at the latest.
CCVII P*+A,/I*.
Article "?
An&one 0ho !er!etrates violence, harass'ent or se2ual harass'ent on the grounds of
gender as descri(ed (& the !rovisions of Article 4 of this ,a0 shall (e convicted of a
cri'inal offence and sentenced to serve a ter' of fro' si2 'onths to five &ears in
custod&.
Action to !rosecute shall (e ta:en in the line of dut&.
Article "@
A fine of fro' 1,### >% to $#,### >% shall (e i'!osed on a 5uristic !erson for the
follo0ing 'isde'eanours8
1. failure to ta:e a!!ro!riate ste!s and use effective !rotective 'echanis's against
discri'ination on the grounds of gender, harass'ent and se2ual harass'ent9
". failure to ta:e a!!ro!riate ste!s to eli'inate and !revent !rohi(ited discri'ination
on the grounds of gender at 0or: and in e'!lo&'ent as defined (& Articles ? and
@ of this ,a09
$. failure to introduce curricula and 'ethodologies in education institutions that 0ill
guarantee to eli'inate stereot&!ical content that gives rise to discri'ination and
ine1ualit& of treat'ent (et0een the se2es9
4. failure to differentiate (& gender statistical data and infor'ation collected,
recorded and !rocessed.
Article "@
ulings on 'isde'eanours shall (e enforced !ursuant to the current la0s of the
*ntities or BrE:o 4istrict Bosnia and Herzegovina as the case 'a& (e.
Article "A
/he !rosecution and !assing of a verdict in cases of cri'inal offences and
'isde'eanours as defined (& this ,a0 are of an urgent nature and shall ta:e !riorit&
in the o!erations of the relevant authorities.
CVIII /A+.I/I-+A, A+4 C-+C,;4I+) P-VI.I-+.
Article $#
/he %inistr& for Hu'an ights and efugees shall 'ove that the )ender *1ualit&
Agenc& of Bosnia and Herzegovina (e for'ed 0ithin three 'onths fro' the entr&
into force of this ,a0.
All .tate and *ntit& la0s and other relevant regulations shall (e (rought into
confor'it& 0ith the !rovisions of this ,a0 0ithin si2 'onths at the latest.
Article $1
/his ,a0 enters into force on the eighth da& fro' the date of its !u(lication in the
-fficial )azette of BiH.
PA BiH no. 76F#$
"1 %a& "##$
.ara5evo
.!ea:er of the .!ea:er of the
House of e!resentatives of the House of Peo!les of the
Parlia'entar& Asse'(l& of BiH Parlia'entar& Asse'(l& of BiH
Gefi: 4HaferoviI Dsigned) Veli'ir Ju:iI Dsigned)