Zaštita ljudskih prava: Kako to rade ombudsmani Bosne i Hercegovine
Human Rights Protection: How do the ombudsmen of Bosnia and Herzegovina deal with it?

Author(s): Aida Hunček-Pita
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Public Law, Government/Political systems, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: BiH; law; human rights; ombudsmen; discrimination; institution; evaluation;
Summary/Abstract: The legislator in Bosnia and Herzegovina gave to The Institution of Ombudsman a central role in protection against discrimination. In this context, the legal framework in Bosnia and Herzegovina for the activities of The Institution of Ombudsman is quite well established: The Law on Ombudsman for Human Rights in Bosnia and Herzegovina is in force; The Law on the Prohibition of Discrimination is also in force, protection against discrimination is also defined in the labor laws of both entities in Bosnia and Herzegovina. Furthermore, for the purpose of more efficient work, The Rules of Procedure of the Institution of Ombudsman have been passed. However, all of this seemed to be insufficient to allow the Ombudsman to provide adequate protection against mobbing as one of the forms of discrimination. The analysis shows that the Ombudsman Institution arbitrarily made decisions because it does not recognize even a court verdict confirming mobbing in the same case (and with the same evidence) which it received. The example which was described shows a high proportion of incompetence and negligence in the processing of cases, which brings the Institution of the Ombudsman of BiH into the ranks of useless but expensive bureaucratic institutions in BiH. In the particular case, the Ombudsmen Institution did not provide any protection, on the contrary, it has trick the legal regulations and explicit legal powers and delayed the unnecessary the whole procedure over three years. In this form, the protection of human rights by the Ombudsman Institution of BiH is at the wrong address.

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