19 Jul OSCE Analysis of Anti-Discrimination Case Law in Bosnia and Herzegovina

The OSCE Mission to Bosnia and Herzegovina has published a report analysing 433 domestic court decisions in anti-discrimination cases rendered between mid-2018 and mid-2021. The Mission report shows an increase in lawsuits and judgments under the Law on Prohibition of Discrimination (LPD). This suggests a growing awareness of this vital legal instrument.

The jurisdiction with the most cases invoking the LPD remains the FBiH entity. More precisely, the municipal and cantonal courts in Sarajevo process a large majority of BiH’s anti-discrimination cases. This significant burden in the number of cases is reflected in their comparatively slow processing. At this point, it should be mentioned that the need for improved case processing remains and that the case management system (CMS) features should be fully used in order to obtain accurate statistical information about the latest developments with the anti-discrimination case docket. The noted trends show obvious growth in awareness of this legal instrument. However, empirical data continues to suggest that most discrimination victims do not resort to judicial protection against discrimination. 

A number of structural issues are potentially lowering the confidence that citizens place in this legal remedy. For example, individuals may be put off seeking legal proceedings in regard to discrimination due to the continued longevity of cases and, consequently, due to historically low proportions of judgements in favour of the plaintiffs. 

There is also a general underutilization of interim measures or procedures for protection against victimization. The limited references in the reasoning of the courts to the rich and binding jurisprudence of the ECtHR, or authoritative jurisprudence of the CJEU, highlight the need for further education of judges.

Lastly, Discrimination remains a challenge in the society of Bosnia and Herzegovina. Despite both institutional and legislative developments in the anti-discrimination framework, a lot remains to be done. This holds particularly true regarding the implementation of the LPD, its consistent application, and the addressing of practical issues identified in this report.

You can find the full report here: https://www.osce.org/mission-to-bosnia-and-herzegovina/542841

Reference from the website of OSCE