The Gender Equality Law of Bosnia and Herzegovina

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The Gender Equality Law of Bosnia and Herzegovina

• Ana Vukovic, director of the
• Gender Center of the Federation BiH

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Gender Equality Law of BIH

• Regulates, protects and promotes gender equality
  and guarantees equal opportunities for all male
  and female citizens, in both the public and
  private spheres, and prevents their direct or
  indirect discrimination on the basis of sex.
  (article 1.)
• Full gender equality is guaranteed in all social
  spheres, and particularly in the areas of
  education, economy, employment and work, social
  and health care, sport, culture, public life and
  media, regardless of their marital and family
  status. (article 2.)

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International documents

• The Convention on the elimination of all forms of
  discrimination against women (CEDAW)
• The International agreement on the political and
  civil rights
• Recommendation Rec (2003)3 of the Council of
  Ministers Board of the European Council

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Gender Equality Law in BiH- Discrimination -

• Discrimination on the basis of sex and sexual
  orientation is prohibited.
• Discrimination on the basis of sex with respect
  to this law represents every legal or factual,
  direct or indirect, discriminating, privileging,
  excluding or limiting of a person on the basis of
  the persons sex, which impairs or denies the
  individuals the acknowledgement, or the
  exercising and enjoying of their human rights and
  freedoms in the political, educational, social,
  cultural, sport, civil and any other area of
  public life.
• Discrimination can be direct or indirect.

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Examples of direct and indirect discrimination

• Example 1. Direct discrimination -
• Unequal treatment of men and women in the
  creation of candidate lists for the most
  responsible executive functions (e.g. if the
  statute of a political party includes a
  stipulation such as the party will not offer
  female candidates for the most responsible
  executive functions).
• Example 2.
• Referring to men and women in a belittling,
  insulting and humiliating manner on the basis of
  sex while they are exercising a particular
  function (e.g. the press statement by a female
  delegate about her younger male colleague He is
  playing smart Alec all the time, coming up with
  various suggestions where you can see it in his
  face that he has no idea what he is talking
  about).
• Example 1. Indirect discrimination -
• Unequal treatment of male and female candidates
  during the presentation of the party program in
  the pre-election period (e.g. although it is
  stated in the party documents that the party
  programs will be presented by all candidates, in
  the practice male candidates frequently present
  their programs in the prime time and in the main
  venues, while female candidates for the most part
  have to put up with less attractive or popular
  dates and venues.

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Examples of affirmative/special temporary
measures

• Norms, criteria and practices that can be
  objectively justified by referring to the
  necessity of attaining lawful goals proportionate
  to the undertaken necessary or justified measures
  will not be considered as discrimination.
• The Law allows for the introduction of
  special/affirmative measures with the goal of
  promoting gender equality and equity, eliminating
  the existing inequality and ensuring protection
  of sexes on the basis of their biological
  determination.
• Example 1.
• Regulation embedded in Article 4. 19. of the BIH
  Election Law.
• Example 2.
• Passing normative acts which determine that
  women on maternity leave are not liable to paying
  off credit instalments.

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Gender Equality Law of BiH Public life

• State bodies and local governance bodies,
  managerial bodies of corporate companies,
  political parties and other non-profit
  organizations will commit themselves to ensuring
  and promoting equal representation of sexes in
  the governing and decision-making processes.
• Adopting programs of measures designed to improve
  representation of sexes in the governing organs
  on all levels.
• Ratio of men and women in the governing bodies on
  all levels, including the judiciary, legislative
  and executive power, will be based on the
  principle of equal representation of sexes.
• (Article 15.)

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Gender Equality Law of BiH- Obligations of
authorities -

• Adopting programs of measures directed toward
  achieving gender equality in all areas and on all
  governance levels
• Passing new laws or the amendments to the
  existing laws so as to harmonize them with the
  regulations of this Law
• Ensuring judiciary, civil and penal protection in
  all cases related to the violation of the Law
• Ensuring the keeping of gender-disaggregated data
  in all economic subjects, private and state-owned
  enterprises, state and public organizations and
  institutions, as well as ensuring the access to
  such information.

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Current state of gender equality in BiH
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Current state of gender equality in BiH
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Current state of gender equality in BiH
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Current state of gender equality in BiH
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Current state of gender equality in BiH
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Current state of gender equality in BiH
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Current state of gender equality in BiH
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Local elections 2008
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Local elections 2008
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Local elections 2008
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Local elections 2008
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Local elections 2008 Elected municipal majors
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• Integrating international standards concerning
  equal representation of women and men in the
  decision-making process.

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The situation following the full implementation
of the Gender Equality Law of BIH
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THANK YOU FOR YOUR PATIENCE
GENDER CENTER OF THE FEDERATION OF BOSNIA AND
HERZEGOVINA Hakije Kulenovica 12 71 000
Sarajevo Tel. [phone] Fax. [phone] www.fge
nderc.com.ba E-mail fgenderc_at_bih.net.ba