Komentar Zakona o zabrani diskriminacije u Bosni i Hercegovini (Commentary on Anti-Discrimination Law in Bosnia and Herzegovina)

Abstract

The principle of equality and non-discrimination runs like a red thread throughout all human rights treaties and declarations. Non-discrimination is both a human right of its own and a constitutive element of all human rights. Non-discrimination rules exist at international, supranational (EU and CoE) and national level. Although non-discrimination is a key principle of the Annex IV of Dayton Peace Agreement and Bosnia and Herzegovina has ratified numerous international instruments with the aim of combating discrimination (including Protocol 12 to the European Convention of Human Rights), discrimination has never been totally eradicated from the society and remains prevalent.A comprehensive Anti-Discrimination Law (adopted by the Parliamentary Assembly of B&H in July 2009) introduces new concepts to a legal system. Before the introduction of this instrument discrimination has been considered only by the Human Rights Chamber and recently the Constitutional Court of Bosnia and Herzegovina, but the new concept introduced by this Law aims to include a wider spectrum of stakeholders and tackle discrimination cases on the lower level of the national judicial system. As a result, the definitions of direct and indirect discrimination, harassment, sexual harassment, etc. will appear as concepts that are most problematic to understand, and B-H judiciary will need some time to develop case law that would guide the practitioners in their perception of this Law.Human Rights Centre of the University of Sarajevo, is convinced that the elaboration of the Commentary on Anti-Discrimination Law in Bosnia and Herzegovina would lead to its full understanding and proper implementation. This would, in final, lead to decrease in number of discriminatory practices in the country. The overall objective of the project is to assist the process of implementation of the Anti-Discrimination Law in Bosnia and Herzegovina. This will lead to decrease in cases of discrimination of citizens of Bosnia and Herzegovina.The intention of the project is:1. To elaborate the Commentary on the Anti-Discrimination Law in Bosnia and Herzegovina that would ensure full understanding of the Law and its proper implementation in the practice.2. To create a module for training of judges, prosecutors and lawyers in Bosnia and Herzegovina on proper application and implementation of the Law.3. To increase the level of implementation of antidiscrimination provisions in courts proceedings in Bosnia and Herzegovina.4. To inform and educate citizens of Bosnia and Herzegovina on existence and implications of the Anti-Discrimination Law of Bosnia and Herzegovina.