Gay rights in Bosnia and Herzegovina
Encyclopedia
Law regarding same-sex sexual activity
Bosnia and Herzegovina is governed by two political entities — the Federation of Bosnia and HerzegovinaFederation of Bosnia and Herzegovina
The Federation of Bosnia and Herzegovina is one of the two political entities that compose the sovereign country of Bosnia and Herzegovina . The two entities are delineated by the Inter-Entity Boundary Line...
and Republika Srpska
Republika Srpska
Republika Srpska is one of two main political entities of Bosnia and Herzegovina, the other being the Federation of Bosnia and Herzegovina...
. Homosexual sex was decriminalized in the Federation of Bosnia and Herzegovina (FBiH) in 1996 and in the Republika Srpska (RS) in 1998, by those two entities adopting their own criminal laws. The age of consent is 14, regardless of sexual orientation (having sexual relations with a person under 14 is considered statutory rape.).
Recognition of same-sex relationships
There is no legal recognition of same-sex couples on a federal or subnational level. Both the federal constitutionConstitution of Bosnia and Herzegovina
The Constitution of Bosnia and Herzegovina is the highest legal document of Bosnia and Herzegovina. The current Constitution is the Annex 4 of The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement, signed in Paris on 14 December 1995...
and the constitution of Republika Srpska
Constitution of Republika Srpska
The Constitution of Republika Srpska is the chief legal act of Republika Srpska, an entity within Bosnia and Herzegovina. The constitution was delivered by the National Assembly of Republika Srpska on 28 February 1992, but had to be revised after the Dayton Agreement was signed....
remain silent on gender eligibility for a marriage, and the federal statues of Bosnia and Herzegovina themselves remain wholly silent on such requirements. On a subnational scale, however, both the Federation of Bosnia and Herzegovina and Republika Srpska limit marriage to opposite-sex couples, as prescribed by their respective family codes.
Discrimination protections
The Law on Gender Equality, adopted in early 2003, prohibits discrimination based on gender and sexual orientation (Article 2). However, in local languages version of this law, the word gender is not used (word sex is, although with the meaning of gender) and sexual orientation is not defined. This law is on the State level. Prohibition of the discrimination on the grounds of sexual orientation is also found in the Constitution of the Brčko DistrictBrcko District
Brčko District in northeastern Bosnia and Herzegovina is a neutral, self-governing administrative unit, under the sovereignty of Bosnia and Herzegovina...
, Labor Law of the Brčko District and the Criminal Law of BiH (Article 145), the Criminal Law of the FBiH, and the Criminal Law of the RS. Subsequent to these implantations, sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
has been consistently and purposefully excluded from drafts of a forthcoming anti-discrimination paragraph, of which parliamentarians have stalled over for over half of a decade (though for unrelated reasons.). It is doubtful that such exclusions will be made final, considering the federation's desire for accession into
Accession of Bosnia and Herzegovina to the European Union
The accession of Bosnia and Herzegovina to the European Union is the aim of the present relations between the two entities. Bosnia and Herzegovina has been recognised by the EU as a "potential candidate country" for accession since the decision of the European Council in Thessaloniki in 2003...
the European Union, with an official bid being submitted in the eve of 2010. The European Union requires all member states to prohibit at least a minimal amount of anti-gay discrimination in order to join.
Living conditions
There are two organisations in BiH, working on the human rights of LGBT population – Organisation Q and Organisation Logos. Organization Q for Promotion and Protection of Culture, Identities and Human Rights of Queer Persons was founded in September 2002, and formally registered in February 2004. http://queer.ba/udruzenjeq/en/udruzenje.htm. Organisation Logos was founded and registered in 2006. http://www.logos.org.ba/Queer festival 2008 incident
Several people were attacked at the end of the first day of the Sarajevo Queer Festival. Eight people, policemen included, were reported to have been injured after large group of islamic fundamentalistsIslamic fundamentalism
Islamic fundamentalism is a term used to describe religious ideologies seen as advocating a return to the "fundamentals" of Islam: the Quran and the Sunnah. Definitions of the term vary. According to Christine L...
attacked visitors to festival. According to the organizers of the four-day event police allowed anti-gay protestors to get too close to the venue thus endangering the participants.
The festival, organised by the lesbian, gay, bisexual and transgender (LGBT) non-governmental organization, Udruženje Q, opened in the Academy of Fine Arts in the centre Sarajevo, the capital of Bosnia and Herzegovina. The attacks forced the organizers to make the rest of the festival a private event.
This festival who promote interests and socialisation LGBT population was the first cultural event of this kind in history of Sarajevo
Sarajevo
Sarajevo |Bosnia]], surrounded by the Dinaric Alps and situated along the Miljacka River in the heart of Southeastern Europe and the Balkans....
.