LGBT Rights in Bosnia and Herzegovina - Discrimination Protections

Discrimination Protections

The Law on Equality of Sexes, adopted in early 2003 and amended in 2009, prohibits discrimination based on sex and sexual orientation (Article 2). In the 2003 version of the Law, in light of this law, sex was defined to mean gender. Sexual orientation was not defined. Since it was amended, the Law makes clear distinction between sex and gender. Both are covered by this law. Sexual orientation remains undefined. 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 District, 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.

The Law Against Discrimination was adopted in 2009, prohibiting discrimination based on sex, sexual expression or sexual orientation (Article 2). This Law does not include sexual/gender identity, as it was supposed to. It is not clear was sexual expression is, nor is the term sexual orientation defined in this law either. Furthermore, while this law forbids "every enoucragement and advocacy for national, racial or religious hatred", it does not forbid hate speech based on sexual orientation or sexual/gender identity (Article 4).

Subsequent to these implantations, sexual orientation 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 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.