DJECA ŽRTVE SEKSUALNOG UZNEMIRAVANJA – PRAVNA ZAŠTITA I PREVENCIJA
CHILDREN VICTIMS OF SEXUAL HARASSMENT - LEGAL PROTECTION AND PREVENTION

Summary/Abstract: Criminal legislation in Bosnia and Herzegovina recognizes two different approaches when it comes to criminal prosecution for sexual harassment. On the one hand, criminal prosecution is undertaken ex officio in accordance with the provisions of the Law on Gender Equality in Bosnia and Herzegovina, while the Republika Srpska Criminal Code requires that criminal prosecution be undertaken at the request of the injured party. The disadvantage of this solution in the Republika Srpska is that it increases the possibility for the perpetrator to influence the victim in order to prevent possible submission of a proposal for criminal prosecution, due to the relationship of subordination or dependence between the active and passive subject. Protected groups, among others, may be children or persons with special needs who have legal representatives authorized to file requests for criminal prosecution, leaving this decision to these representatives who become assessors of whether a particular behavior constitutes a criminal offense. It is especially problematic when legal representatives of protected categories are those who sexually harass the children they care for.

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