Bosnia-Herzegovina LGBT Laws

Age of Consent Legislation/Cases/References
1. National

Sexual activity with children younger than 14 is illegal under Article 207, which prohibits sexual acts with a “child”, and a “child” is defined in Article 2(8) as a person under 14. However, Article 209 mentions a “juvenile” who is defined in Article 2(9) as a person under 18, although it is not clear if this article refers only to sexual acts performed in view of a minor under 18 or if it can be used also to punish sexual acts performed with the minor:

Article 207, Sexual Intercourse with a Child: (1) Whoever performs sexual intercourse or equivalent sexual act on a child, shall be punished by imprisonment for a term between one and eight years.

Article 208, Meaning of Terms as Used in This Code: (8) A child, as referred to in this Code, is a person who has not reached fourteen years of age.

Article 209, Satisfying Lust in the Presence of a Child or Juvenile: Whoever, in the presence of a child or juvenile, performs acts aimed at satisfying his own lust or the lust of a third person, or whoever induces a child to submit to such acts in his presence or in the presence of a third person, shall be punished by imprisonment for a term between three months and three years.

Article 205: (2) prohibits sexual intercourse with a juvenile (defined as a person under 18) by “abuse of position” [R1.1].

R1.1 Wikipedia: Ages of Consent in Europe – Bosnia and Herzegovina
Discrimination Legislation/Cases/References
1. National

On 14 July 2016, the the House of the Peoples adopted amendments to the Law on the Prohibition of Discrimination defining sexual orientation and gender identity more accurately in local languages. In addition to these changes, sex characteristics was explicitly added to the list of protected grounds. These amendments had previously been approved by the Representatives House in early July [R1.3].

In 2003, discrimination in employment on the basis of sexual orientation became unlawful [R1.2].

In July 2002, a law banning discrimination on the basis of sexual orientation was expected to be passed but there is widespread intolerance to homosexuality [R1.1].

R1.3 ILGA-Europe: Anti-discrimination law updated – great step forward in Bosnia and Herzegovina 14 JUL 16
SarajevskiOtvoreniCentar: Better protection of LGBTI persons through the amendments to the Anti-discrimination Law of BiH 14 JUL 16
R1.2 ILGA: State-Sponsored Homophobia PDF 3.33MB, 15 MAY 13
R1.1 Reuters: “Some pride but mainly prejudice for gays in Balkans Croatia Gay” 10 JUL 02
Hate Crime Legislation/Cases/References
1. National

On 23 July 2013, the House of Representatives of the Parliament of FBiH adopted the text of the Law on amendments to the Criminal Code of Federation of BiH and referred it into further procedure in the House of Peoples of the Parliament of FBiH. The law makes a hate crime as one motivated by hatred, hostility or prejudice toward a victim on the basis of (inter alia) gender identity or sexual orientation [R1.1].

The article that was adopted into the Law on amendments to the Criminal Code of FBiH defines hate crime as –

every criminal act whose predominated or sole motivation was hatred, hostility or prejudice towards the victim, based on his/hers real or assumed personal characteristic, or a personal characteristic of a person victim is associated with, such as nationality, religion, ethnicity, race, gender, sexual orientation, disability, health status, gender identity or some other personal trait [R1.1].

This Law also regulates that –

if a criminal act was hate motivated, the court must take that motivation into account as an aggravating circumstance, unless hate motivation is already regulated as a qualified form of a criminal act by this Law [R1.1].

R1.1 ILGA-Europe: Bosnia adopts LGBT-inclusive hate crime law 30 JUL 13
Homosexuality, Sodomy Legislation/Cases/References
1. National

From 1998-2001, consensual sex between same-sex couples was decriminalised in the three parts of Bosnia and Herzegovina: Federation of Bosnia and Herzegovina (1998), Republika Srpska (2000), Brcko District (2001) [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 3.33MB, 15 MAY 13