Bosnia and Herzegovina is a country with a complex social and political system, but also with significant challenges in the field of human rights. One of the most vulnerable groups are LGBTI+ people, who face discrimination, violence and social exclusion every day. In order for the LGBTI+ community in Bosnia and Herzegovina to be equal, it is necessary to take a series of steps at the legal, social and institutional level.
Some of those steps are briefly listed below, which we will explain in more detail below:
1. Legislative protection
- Adoption of anti-discrimination laws that include LGBTI+ people.
- Legalization of same-sex marriages or civil unions.
- Adoption of the law on sex change.
2. Education and awareness
- Introduction of educational programs in schools about sexual orientation and gender identity.
- Awareness raising campaigns against homophobia and transphobia.
3. Institutional support
- Training for the police and the judiciary on the problems of LGBTI+ people.
- Accessible and sensitized health care for LGBTI+ people.
4. Joint responsibility of society
- Support and financing of non-governmental organizations dealing with the rights of LGBTI+ persons.
- Public advocacy by politicians and the media.
5. Fight against violence and hate crimes
- Stricter penalties for hate crimes motivated by homophobia and transphobia.
- Ensuring safe spaces and resources for victims of violence.
6. International cooperation
- Cooperation with international organizations for the implementation of best practices in the protection of LGBTI+ rights.
Legislative protection
The first step towards the equality of LGBTI+ persons in BiH is to ensure adequate legal protection. Although the anti-discrimination law recognizes sexual orientation and gender identity as grounds for protection, its application is often insufficient and selective. Existing laws are fragmented and insufficiently enforced, resulting in limited protection and legal uncertainty. In order to ensure the full legal protection of LGBTI+ persons, it is necessary to adopt and consistently apply several key laws. The first step is to strengthen the existing Law on Prohibition of Discrimination, which formally includes protection based on sexual orientation and gender identity. However, in practice, it is necessary to improve its implementation and raise the awareness of the public and institutions about its importance.
Another key missing law is the law on legal recognition of gender. Currently, people in BiH who want to change their gender face a number of obstacles, including mandatory medical procedures. A law that would enable legal recognition of gender identity based on self-determination, without the need for medical intervention, would significantly improve the rights of transgender people. Also, there is no law in BiH that recognizes same-sex unions. This means that LGBTI+ couples do not have access to basic rights such as inheritance, partner healthcare, and other social benefits that are available to heterosexual couples. The adoption of a law that would recognize same-sex unions or marriages would ensure equality before the law. The law on protection against hate crimes, although it exists, is often not consistently implemented, especially when it comes to crimes motivated by homophobia and transphobia. It is necessary to strengthen legal provisions and their strict application in order to adequately protect LGBTI+ persons from violence and discrimination.
Finally, changes in health care laws are needed to ensure inclusive and specific health care for LGBTI+ people. This includes access to hormone therapy and sex reassignment surgery, as well as protection from discrimination in health care facilities. The adoption of these laws would represent a significant step towards achieving full legal protection and equality for LGBTI+ persons in Bosnia and Herzegovina, ensuring their right to a dignified and safe life.
Education and awareness
Awareness of LGBTI+ rights begins in the education system. Unfortunately, Bosnian schools often avoid the topic of sexual orientation and gender identity, which leads to stigmatization and marginalization of LGBTI+ students. The introduction of educational programs that promote understanding and acceptance of diversity is key to building a tolerant society.
Beyond schools, awareness campaigns can help break stereotypes and fight homophobia and transphobia. Public advocacy by politicians, the media and influential public figures also plays an important role in promoting equality and respect.
Institutional support
Institutions must be trained to recognize and adequately react to the problems faced by LGBTI+ people. Training for the police and judiciary is necessary to ensure adequate protection and legal support. The health system must also be sensitized to the specific needs of LGBTI+ people, including access to psychological support, hormone therapy and surgery for trans people.
Shared responsibility of society
Support for non-governmental organizations dealing with the rights of LGBTI+ people is essential to ensure the continued struggle for equality. Funding of these organizations and cooperation with government institutions allows them to continue their work and provide the necessary support to the LGBTI+ community.
The fight against violence and hate crimes
Violence against LGBTI+ persons in BiH often goes unpunished. It is necessary to introduce stricter penalties for hate crimes motivated by homophobia or transphobia, while ensuring that these cases are adequately investigated and prosecuted. In addition, LGBTI+ people who are victims of violence should have access to safe spaces, shelters and free legal advice.
International cooperation
Cooperation with international organizations can help BiH to implement the best practices from other countries in the field of protecting the human rights of LGBTI+ persons. This collaboration also provides access to the resources and support needed to enforce laws and policies that protect the LGBTI+ community.
The LGBTI+ community in Bosnia and Herzegovina faces serious challenges in the fight for equality. Lack of adequate legal protection, stigmatization in the educational system, institutional insensitivity, and frequent violence and hate crimes are just some of the problems they face. Although some progress has been made, there is still a long way to go to achieve full equality.
The equality of LGBTI+ persons in BiH requires systemic changes that will ensure their basic human rights and enable them to live without fear of discrimination, violence and marginalization. This struggle is not only a matter of justice for the LGBTI+ community, but also crucial for building a just and inclusive society for all citizens of Bosnia and Herzegovina.
The article was published with the support of the American people through the United States Agency for International Development (USAID). The content of the article is the sole responsibility of the Tuzla Open Center and does not necessarily reflect the views of USAID or the United States Government.
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