The Ombudsman in The System of Protection Against Discrimination in Bosnia and Herzegovina: Situation Analysis and Characteristic Problems
The Ombudsman in The System of Protection Against Discrimination in Bosnia and Herzegovina: Situation Analysis and Characteristic Problems

Author(s): Not Specified Author
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Court case
Published by: Analitika – Centar za društvena istraživanja
Keywords: BiH; Ombudsman institution; human rights; discrimination; protection; situation analysis;
Summary/Abstract: The Law on the Prohibition of Discrimination of Bosnia and Herzegovina defines the Institution of Human Rights Ombudsman of Bosnia and Herzegovina as a central institution for protection against discrimination. However, the existing anti-discrimination mechanism provided for in the Law on the Prohibition of Discrimination is faced with a number of problems that affect the work of this Institution. The main structural problem relates to insufficient budget available to the Ombudsman of BiH, resulting in the lack of staff. Other problems derive from this circumstance, such as insufficient territorial coverage and accessibility of the Institution, as well as the lack of efficiency, specialisation and expertise in particular areas of discrimination. Moreover, the problems occur in the context of relationship between the courts and this Institution in cases of discrimination resulting from the lack of complementarity between the two. Thus, for example, courts may issue decisions contrary to the recommendations of the Ombudsman of BiH without providing reasoning for taking such action, which negatively affects the principle of legal certainty.

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