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Bosnia and Herzegovina - Twentieth session - 2014
5 November 2014 - 2.30 p.m. - 6.00 p.m.
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Accepted and rejected recommendations
II. Country progress in relation to the previous review and human rights promotion (Recommendations 19, 3, 125, 98, 99)
4. The Council for Children of BiH was established in 2013 as a professional, inter- sectoral, advisory and coordinating body of the CoM BiH, which is responsible for monitoring the Convention on the Rights of the Child and creating a new Action Plan for children.
5. Also, BiH acceded to the European Convention on prohibition of sexual abuse of children and prepared the initial report on the implementation of the above-mentioned Convention (submitted to the Lanzarote Committee), the Convention on Contact concerning Children and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
6. Aiming to improve the protection and promotion of the rights of a child in BiH, the MHRR developed Guidelines for handling cases of violence against children in BiH. A survey was conducted on the forms and prevalence of forced and harmful child labour on the streets in BiH, thus a Practicum was prepared for the training of judges, prosecutors, police, social workers and other professionals on the topic of prevention of forced labour of children on the streets in BiH. The Guidelines for improving the situation of Roma children – social inclusion have also been prepared, and the CoM BiH, in October 2013, adopted a new Code of Ethics for conducting research with children and on children in BiH.
A. Justice and prohibition of discrimination
1. Strengthening capacities to combat discrimination (Recommendations 110, 25, 26, 27, 28, 29, 9, 10, 11, 12, 13, 18, 17, 107, 124, 75, 8, 45, 32, 89, 90, 91, 92, 93, 94, 88)
16. In the past period, the MHRR, based on its capabilities, initiated a number of activities aimed at conducting research on the needs of vulnerable groups. In regards to this, the MHRR issued a number of guidelines and recommendations to the relevant institutions in BiH with the aim of improving the application of international commitments and intensifying the training courses for the law enforcement officers. The MHRR is experiencing a lack of budget resources assigned for this purpose, but it manages to raise additional funds through its good cooperation with the international organisations and NGOs. Until now, a number of projects have been implemented in relation to the protection of the rights of the child, women, persons with disabilities, ethnic minorities, particularly the Roma, the elderly and other vulnerable groups. (107,124, 75)
B. Rights of vulnerable groups (Recommendations 104, 105, 123, 40)
2. Rights of the child (Recommendations 14, 23, 39, 41, 38, 40, 58, 24, 6, 70, 22, 30, 46, 47, 109, 116)
34. The representatives from the relevant institutions, academic community and civil society take part in the newly established Council for Children BiH, which has significant responsibilities and scope of work. The work of the Council for Children for 2014 is also provided by UNICEF. (14)
35. The Council for Children was formed in the RS and its Work Programme for 2014 envisages development of an Action Plan for Children of RS. In 2012, the Council for Children developed a publication "The selection of international regulations on children’s rights”. The BiH Action Plan for Children (2011-2014), includes the general objectives raised at the World Summit for Children and it defines the priority objectives and measures to create the most favourable conditions for the lives of children and families in BiH. The Action Plan also includes the recommendations of the Committee on the Rights of the Child, which are related to the application of the UN Convention and its two Optional Protocols. (23)
36. The efforts have been intensified to implement the international obligations and the BiH Action Plan for Children; the Strategy for Combating Violence against Children (2012–2015); the Framework Policy for the Improvement of Early Growth and Development of Children in BiH (2012); the Strategy and Action Plan for Improvement of the Social Position of Persons with Disabilities (2010–2015); the National Action Plan for the Fight against Illicit Drugs in BiH (2009–2013); the Action plan for Child Protection and Prevention of Violence against Children through Information-Communications Technologies in BiH by 2015; THE Strategy to Counter Trafficking in Human Beings in BiH and Action Plan (2013–2015); and the Strategy in the Area of Migration and Asylum (2012–2015). (39, 41)
37. Efforts are also being invested in the implementation of strategic and other documents of the entities and BDBiH pertaining to the improvement of policies and practices towards children and their families, especially in the field of prevention of domestic violence and implementation of the Law on Protection and Treatment of Children and Juveniles in the criminal procedure of the RS, FBiH and BDBiH.
38. At the beginning of 2013, the FBiH Government adopted a Strategic Plan for Improving Early Childhood Development (2013–2017), and at the end of 2013 saw the adoption of the Rulebook on continuing professional education for early detection, diagnosis, intervention and monitoring of developmental and other disorders that affect the growth and development of children. (38)
39. In order to take the necessary measures to improve the protection of socially excluded children, additional rights are being provided, such as the right to transportation, meals, textbooks and scholarships. However, there are still not enough funds to cover all of these needs. (40)
40. The fight against child abuse in BiH has been significantly improved through the implementation of the strategic documents in this area, as well as through the improved legislation and practices in the field of social care of children. The Guidelines for handling cases of violence against children in BiH (2013) have clearly defined the instructions on how the institutions should act in all of the cases when they identify that a child was a victim of any type of violence. (58)
41. When it comes to the support for children on the streets, the MHRR Minister (2013) issued Guidelines for improvement of the situation of Roma children – social inclusion, which provide concrete strategic measures and activities to improve the systemic measures aimed at the prevention and protection of street children who are exposed to begging and other forms of economic exploitation.
42. In reference to the application of the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography and involvement in the criminal justice system, the criminal legislation in BiH also covers the above-mentioned types of child abuse, however, the BiH Criminal Code only prescribes the crimes of human trafficking, including the trafficking of children, while the entity Criminal Codes and the BDBiH Criminal Code prescribe specific offenses that incriminate these types of abuse of children.
43. The changes to the provisions in the four Criminal Codes have been prepared, and they were proposed by the State Coordinator for Combating Trafficking in Human Beings and Illegal Migration.
44. With the proposed provisions, the reorganisation of the elements of a criminal offense has been executed, which will help in interpreting the elements of the essence of a criminal offense and retain all of the elements prescribed by the international standards, the Palermo Protocol and the CoE Convention on Action against Trafficking in Human Beings.
45. These amendments have dealt with the issue of a conflict of interest regarding jurisdiction, which used to occur in practice when prosecuting these types of crimes.
46. Since 2011, in accordance with the EU Directive on prevention and combating human trafficking, this amendment has provided for more severe punishments for these types of crimes and was made compliant with CoE Convention on Action against Trafficking in Human Beings.
47. During the past period, in BiH, there have been ongoing mini-campaigns for raising awareness about the dangers of landmines. Landmine warnings have been integrated into the preschool and school curriculum; manuals and teaching aids for students and teachers have been produced; and warning signs for landmine threats are continuously being positioned. In 2013, the revision of the Mine Action Strategy in BiH (2009–2019) was prepared.
- In the period of 2010–2014, 337 km2 have been cleared from mines.
- The floods (May 2014) that occurred in BiH have significantly distorted the image of the demined areas.
(14, 23, 58, 40, 38, 39, 41, 24, 6, 70)
50. Education in BiH falls under the competencies of the RS, cantons in the FBiH and BDBiH, and it is governed by the laws in the field of education (preschool, primary, secondary, higher education and education of adults). At the BiH level, the framework laws have been adopted.
51. The Ministry of Civil Affairs BiH coordinates and monitors the domain of education at the BiH level. The Federal Ministry of Education and Science monitors and coordinates the field of education for FBiH, which falls under the exclusive constitutional jurisdiction of the cantons. In accordance with the constitution and statute, the RS and BDBiH have direct jurisdiction in the field of education.
52. Through the legal and strategic documents, which govern the field of education; the preconditions and obligations have been created for the development of a tolerant and multi-ethnic environment in the BiH schools.
53. The educational institutions at all levels contribute and implement the programmes aimed at promoting tolerance in public education through the annual and long-term development planning. However, the mechanisms aimed at the complete implementation of the legal provisions are not yet fully in place and the multi-ethnic learning environment in the schools has still not completely seen the light of day.
54. The BiH Agency for Preschool, Primary and Secondary Education, in accordance with its legislative responsibilities, is working on the development of the Common Core Curriculum that has been defined on the basis of the learning outcomes and based on which the revision and improvement of the existing curricula in BiH has been planned.
55. The continuous improvement of the curricula and its implementation is aimed at stopping segregation in schools. In 2009, a research study, titled “Education Quality Assurance” was carried out, based on which it was established that 70% of the content in the curricula comes from the Common Core Curriculum, whereby the elements of segregation were eliminated that were possibly resulting from the curriculum, although this has still not fully been achieving in the current educational practices.
56. The children belonging to the national minorities are included in the regular educational process, and the curriculum has been, to the greatest extent possible, adjusted so as to meet the needs of minorities. A major step forward was made in the previous period, when it comes to the Roma minority, through the adoption and implementation of the revised Action Plan BiH on the Educational Needs of Roma (2010).
- In RS, the problem of segregation in schools does not exist.
- In 2012, the FBiH Government adopted the recommendations for elimination of segregating and dividing structures in the educational institutions in FBiH.
59. The Conference of Education Ministers from BiH and the Council for General Education in BiH, as the advisory and coordinating bodies in the field of education, contribute to the development of tolerance, mutual respect, understanding, trust and respect for diversity in schools in BiH, as part of their activities.
(22, 30, 46, 47, 109, 116)
3. Minority rights (Recommendations 31, 100, 101, 102, 112, 113, 115, 114, 111)
60. The entity laws on the registration in the registry of births have been harmonized, and the administrative procedure for the registration of births and deaths was largely simplified. The maintenance of these registers is done electronically in both entities, and as one very important aspect for some social categories and for the national minorities, these documents are issued free of charge. (31, 115, 114)
5. Gender equality (victims of violence, human trafficking and war)
(Recommendations 7, 80, 36, 37, 55, 56, 57, 59, 103, 61, 62, 63, 64, 65, 66, 60, 71, 67, 72, 68, 73, 77, 34, 48, 49, 50, 51)
89. The strategic documents foresee the following activities: ensuring uniform standards for training of professionals through the institutionalisation of educational activities and cooperation with CSOs and academic institutions; improvement of the cooperation with the law enforcement agencies at the international level; raising awareness among the general population, children, youth and vulnerable groups; improving the legal and institutional framework; improving the system for collecting, processing, protecting and use of data on human trafficking by the means of maintenance of various databases and their networking and ongoing discovery of new information about the modus operandi of human trafficking.
C. Right to work, social security and health care (Recommendations 106, 35)
115. With the assistance from UNFPA, aiming to enhance and improve the reproductive and sexual health of young people, as well as to prevent HIV/AIDS and other sexually transmitted diseases, a range of activities have been undertaken to strengthen the awareness of young people on the importance of reproductive health, which are conducted through the Youth Friendly Centres. The infant mortality rate in BiH corresponds with the European countries (8/100.000 population). In BiH, at all levels, the measures defined in the positive legal solutions are being successfully implemented aiming to permanently reduce and monitor the rate of maternal mortality.
IV. Priorities, initiatives and commitments
A. Challenges and limitations
135. The focus of the above-mentioned guidelines will be the implementation of the first and second phase of the World Programme, which were dedicated to education in the field of human rights in the primary and secondary education systems, as well as in higher education (training of teachers and professors), civil servants, law enforcement officers and military personnel. The Guidelines will also include the third phase of the World Programme (2015–2019) in accordance with Resolution 24/14 of the HRC.
I. Background and framework
A. Scope of international obligations
1. In 2012, the Committee on the Rights of the Child (CRC) encouraged Bosnia and Herzegovina to accede to OP-CRC-IC, and urged the State to become a party to the Hague Convention on Protection of Children and Cooperation in respect of Inter-country adoption. In 2012, the Committee on the Protection of the Right of All Migrant Worker and Members of Their Families (CMW) invited the country to ratify International Labour Organization (ILO) cConvention No. 189.
B. Constitutional and legislative framework
7. CMW noted the amendments to the State Criminal Code on the definition of human trafficking and smuggling of migrants, in 2010. It was concerned that the Criminal Codes of both Entities and Brčko District had not been harmonized with the amended State Criminal Code provisions.20 CMW recommended the enforcement of anti-trafficking laws.
8. While noting that Bosnia and Herzegovina had been in the process of amending the Criminal Code in 2012, CRC recommended that the crimes covered under OP-CRC-SC be harmonized in the Criminal Code at the levels of the State, Entity and district.
9. CRC expressed its concern that the recruitment and use in armed conflict of persons under the age of 18 years was not explicitly prohibited nor criminalized in State and Entity- level legislation.
10. CRC recommended the enactment of a comprehensive child rights act at the national level.
C. Institutional and human rights infrastructure and policy measures
Status of national human rights institutions
17. CRC urged strengthening of the role and leadership of the Ministry for Human Rights and Refugees regarding children’s rights.
18. While welcoming the Action Plan for Children (2011–2014), CRC noted with concern that the highly fragmented administrative system in the country constrained its implementation.
19. According to the Independent Expert on minority issues, while on paper Roma action plans in education, employment, health and housing provided excellent aims and expected measures, the implementation of projects had been insufficient to date, resulting in a lack of significant impact on the ground. A heavy reliance on international funding and non-governmental organization implementation was evident. UNCT noted that the authorities did not provide funds to adequately implement the Decade for Roma inclusion (2005-2015).
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Equality and non-discrimination
21. The Committee on the Elimination of Racial Discrimination (CERD) was concerned that racial and ethnic-based discrimination remained alive in the country’s society and mechanisms for monitoring acts of ethnic-based discrimination and violence remained virtually non-existent. It recommended fostering intercultural dialogue, tolerance and understanding. CRC urged the development of a code of conduct to eliminate the stigmatization of minority and/or ethnic groups in the media.
B. Right to life, liberty and security of the person
28. CEDAW reiterated its concern about the prevalence of domestic violence. It recommended that all domestic and sexual violence cases be investigated and perpetrators prosecuted, and that women victims be provided with assistance, protection and rehabilitation. CRC recommended the harmonization of legislation on domestic violence in all the country's Entities and territories. The Special Rapporteur on violence against women advised continuing to strengthen the relevant services and policies, and encouraged training and sensitization for the media, particularly to change stereotypes and myths about in all the country’s women.
29. CRC recommended the adoption of a national coordinating framework to address all forms of violence against children, paying particular attention to the gender dimension of violence. It recommended the explicit prohibition of corporal punishment in all settings.
30. CRC reiterated its concern at the very low number of investigations of offences under OP-CRC-SC. While welcoming the existing action plan on sexual exploitation of children, CRC recommended the development of a national action plan aimed at addressing specifically all issues covered under OP-CRC-SC, pursuing perpetrators of child pornography and other forms of sexual exploitation and sexual abuse of children, and providing assistance for and protection of victims and witnesses.
31. CRC was concerned that begging was one of the main forms of exploitation of children in the country. It recommended the enactment of legislation to subject persons exploiting children through forced begging to criminal sanctions, provide protection and assistance for recovery and reintegration to children in street situations, and combat prejudices against children in street situations.
32. Several treaty bodies welcomed the National Action Plan to Combat Trafficking in Human Beings (2008–2012). CEDAW expressed concern that Bosnia and Herzegovina remained a country of origin, destination and transit for trafficking in human beings, particularly women and girls, for sexual exploitation. CRC was concerned at the increase in domestic trafficking of children, and at girls, particularly Roma, being trafficked for forced marriage and/or involuntary domestic servitude. CEDAW was concerned about the low number of prosecutions, undue delays in proceedings and the leniency of sentences. CRC recommended that all cases of trafficking be subjected to proper investigations.
35. Despite Bosnia and Herzegovina’s pledge to clear all landmines by 2019, CRC remained concerned that children continued to be affected by landmines. It recommended strengthening mine-awareness campaigns and demining activities, and establishing special rehabilitation programmes.
C. Administration of justice, including impunity, and the rule of law
39. In 2012, Bosnia and Herzegovina reported to CAT that about 10,500 persons were still being searched for out of 27,794 registered missing during the 1992-1995 conflict. CAT, the HR Committee and CRC had conclusions and recommendations relating to the issue. Among these, CAT was concerned that the lack of harmonization in the country’s laws made it difficult to prosecute enforced disappearances as crimes against humanity. CRC was concerned about obstacles to establish the truth about the fate of missing persons. CRC and CAT recommended completing the Central Record on Missing Persons and that the Fund for Support to Families of Missing Persons be established. CAT was concerned that a significant number of judgments of the Constitutional Court relating to missing persons were not implemented.
44. CRC, CAT and UNCT noted the steps towards the development of a State Transitional Justice Strategy. The Special Rapporteur in the field of cultural rights recommended that the steps regarding memorialization processes envisaged in the strategy be implemented, in particular the enactment of a framework law and policy at the State level to fully regulate the issue. The HR Committee was concerned that such a strategy and a draft law on the rights of victims of torture and civilian victims of war, aimed at ensuring that all civilian victims of war in the country had equal access to social benefits, had not yet been adopted.
45. CRC was concerned about insufficient alternative measures to detention and forms of rehabilitation for children in conflict with the law, pre-trial detention for extended periods. It recommended that Bosnia adults and subject to who were detained together with and Herzegovina bring the juvenile justice system into line with international standards.
46. CRC recommended that the Federation of Bosnia and Herzegovina and Brčko District adopt the Law on Protection of Children and Minors in Criminal Procedures; support child victims throughout the legal process; and provide child victims with assistance, including social reintegration and physical and psychological recovery.
D. Right to marriage and family life
48. CRC remained concerned that a free and universal birth registration system had not been established. CEDAW noted administrative and financial obstacles preventing Roma women from registering births and obtaining birth certificates. CRC and UNHCR recommended the harmonization of State and Entities’ legislation pertaining to civil registration. CEDAW called on Bosnia and Herzegovina to ensure that all children be registered at birth and to provide unregistered children with personal documents. UNHCR Highlighted the need for birth registration as a means of preventing statelessness and recommended developing measures to identify and register unregistered individuals including adults.
49. UNCT, CESCR and CEDAW were concerned about early marriage, particularly within the Roma community.
50. CRC urged support for family-based care for children, establishment of a comprehensive national foster care system, and the improvement of the situation of children in alternative care placements.
G. Right to social security and to an adequate standard of living
61. CRC was concerned that the current social welfare system did not adequately address the needs of most disadvantaged persons. CESCR urged Bosnia and Herzegovina to ensure a comprehensive and harmonized approach to the social protection system at the State level, and to address disparities between the Republika Srpska, Federation of Bosnia and Herzegovina and Brčko District, as well as between cantons within the Federation. It also recommended allocating funds to social welfare centres. CRC recommended providing support and assistance to economically disadvantaged families.
H. Right to health
66. CEDAW was concerned about high numbers of teenage pregnancies and recommended enhancing access to modern contraceptive methods, and introducing education on sexual and reproductive health and rights with the aim of preventing early pregnancies and sexually transmitted diseases, including HIV.
I. Right to education
67. UNESCO encouraged submission of regular State reports for the periodic consultations of its education related standard-setting instruments, especially for the Convention against Discrimination in Education.
68. While welcoming the Implementation Plan for the Strategic Guidance of the Development of Education in Bosnia and Herzegovina (2008–2015), CRC remained concerned at recent education reforms reducing expenditures and closing satellite schools in remote areas, and the large differences in the quality of education between urban and rural areas. UNESCO encouraged efforts to make the educational system less fragmented and build a more inclusive system
69. UNCT considered that preschool education had been marginalized for a number of years, although there were indicators of progress.
70. The Special Rapporteur in the field of cultural rights and UNESCO were concerned about the mono-ethnic schools policy and the “two-schools-under-one-roof” system by which children from different ethnic groups were taught in segregated sections. CRC, the HR Committee, CESCR, CMW, CERD and CEDAW urged the ending of segregation of children in schools on the basis of ethnicity.
71. CRC remained concerned about inadequate support programmes addressing the educational needs of Roma children and other minorities. The Independent Expert on minority issues called for increased efforts to ensure opportunities for Roma children to learn their languages and cultures. CESCR was concerned about the high percentage of Roma children who did not receive compulsory primary education and the relatively high dropout rate among Roma. CRC urged the country to combat discrimination against Roma children in access to education.
J. Cultural rights
72. The Special Rapporteur in the field of cultural rights considered that cultural rights had been seriously misinterpreted to justify policies of separation of communities. She recommended, inter alia, that neither history nor literature should be manipulated to indoctrinate students into believing mutually exclusive and antagonistic identities; that a wide array of history textbooks by a range of publishers be accredited, respecting, protecting and promoting academic freedoms across the whole territory; and that meetings between academic researchers in all fields, including history, be encouraged.
K. Persons with disabilities
74. CRC was concerned that no steps had been taken to establish a clear legislative definition of disability and to align national, Entity and cantonal legislation with the Convention on the Rights of Persons with Disabilities.
75. CRC was concerned about limited inclusive education, with the majority of children with disabilities staying at home or being segregated in special institutions/schools, resulting in stigmatization. It recommended that children with disabilities be included in mainstream education. UNCT noted that children with delayed development and disabilities were entering an education system in which the methodologies and support did not meet current international standards. There were also inconsistencies between elementary and secondary education and a lack of physical access in preschool facilities.
76. CRC was concerned about the disparity between the protection afforded to persons with war-related disabilities and other persons with disabilities resulting from accident, illness or existing since birth, resulting
L. Migrants, refugees and asylum seekers
78. CMW recommended giving priority to alternatives to the placement of children of detained migrant workers in immigration centres.
M. Internally displaced persons
86. UNHCR was concerned about approximately 8,600 internally displaced persons living in substandard conditions in collective centres and noted that the majority were extremely vulnerable and included physically and mentally disabled, chronically ill and elderly persons and persons traumatized by gender-based violence. CESCR recommended the reconstruction of housing units and infrastructure, including the clearance of mines, and urged the country to implement the Joint Declaration on Resolving Protracted Displacement in Bosnia and Herzegovina, according to which all collective centres were expected to be closed by the end of 2014 and current occupants placed in adequate housing. The HR Committee, CAT and CRC raised the same topic.
87. CRC remained concerned that asylum-seeking, internally displaced and returnee children were not guaranteed access to adequate health care, and that minority returnees –including Roma and internally displaced persons – frequently experienced difficulties in covering education costs. CERD recommended improving the socio-economic integration of those who had returned.
Right to development, and environmental issues
CRC was concerned that companies, notably in the steel-producing industry and in the security-related sector, were operating in the absence of clear regulatory frameworks. It recommended ensuring the legal accountability of companies regarding human rights abuses.
I. Information provided by the national human rights institution of the State under review accredited in full compliance with the Paris Principles
2. In relation to Optional Protocol to the Convention on the Rights of the Child on Sale of Children, the Ombudsman noted amendments to the criminal legislation. However the Government had not taken adequate measures to ensure the application of the laws and education of professionals in areas covered by the Optional Protocol.
14. Increased resources and support were needed for social work centres and there was insufficient sensitivity on the part of teachers and professionals to the needs of children, particularly in the detection and prevention of violence against children.
15. Measures were needed to protect religious freedom including reporting on attacks on religious sites and increasing community education on the issue in places affected by frequent attacks. Measures to establish trust between communities and overcome divisions should be intensified. Programmes should be included within school curricula.
21. There were numerous problems in education which required a strategic approach to eliminate discrimination, segregation, assimilation and politicization.
23. The Ombudsman’s 2013 special report on the situation of the Roma included recommendations to all levels of government on their rights to employment, healthcare and education.
II. Information provided by other stakeholders
A. Background and framework
1. Scope of international obligations
25. Joint Submission 6 (JS6) noted that in 2012 Bosnia and Herzegovina ratified the Council of Europe (CoE) Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.43 Joint Submission 2 (JS2) stated that nothing had been done to publicly promote the content of this convention.
27. JS6 and JS2 noted that further changes were necessary to harmonize legislation with international standards in the area of protection of children from sexual abuse.
38. JS2 noted the Action Plan for Children (2011-2014), but stated that funding had not been provided at any level of government.81 JS6 called for adequate resourcing of and full implementation of the Strategy to Combat Violence against Children (2011-2015).82 The Council for Children for Bosnia and Herzegovina was functioning, but JS2 was concerned that it depended on UNICEF budget support in 2014.
39. The Global Initiative to End All Corporal Punishment of Children stated that while the laws in the Republika Srpska clearly stated that parents must not impose physical punishment on children, the same clarity had not been achieved in the legislation of the Federation and Brčko district.
40. JS6 was concerned that the decentralization of social services had implications for the protection of children at risk of committing violence and abuse in homes and schools. The majority of cases of violence involving children were going unreported. The increasing danger of cyber bullying was unrecognized. Easy access to small weapons was also increasing the potential for violence.
41. JS2 noted discrepancies between the legal protection of street children between the the different jurisdictions. The only data on street children was being compiled by NGOs which themselves relied largely upon international donors to provide support to these children.
42. JS2 stated that the basic provisions of the criminal codes had been harmonised with international standards in relation to trafficking in human beings, but human trafficking was not a criminal act in the Criminal Code of the Federation. IDMC-NRC indicated that trafficking victims were increasingly internally-displaced women from female-headed households as well as Roma women and girls. CoE and IDMC-NRC called for increased attention to the identification of victims. CoE mentioned child victims in particular.
3. Administration of justice, including impunity, and the rule of law
57. JS6 considered that the previous UPR recommendation on juvenile justice had only been partially implemented. New laws in the entities had offered more opportunities to divert juveniles away from formal proceedings, but the measures were rarely used. It also called for the entities and Brčko District to create the conditions to refer cases to mediation.
4. Right to family life
60. JS6 called for strategies for the de-institutionalization of childcare and reallocation budgets towards family-based care; development of services and capacities for childcare professionals and an explicit ban on placing children under three years of age in any form of residential care.
8. Right to health
78. The International Baby Food Action Network provided recommendations on the promotion and support of breastfeeding.
80. JS3 provided recommendations on providing comprehensive sexuality education and increasing support for youth-friendly healthcare.
9. Right to education
81. Several submissions referred to the issue of ethnic segregation and ethnic divisions within education, including the practice of “two schools under one roof”, and provided recommendations on the ending of the practice and the integration of schools. IDMC- NRC noted that the practice had originally been intended as a temporary measure to facilitate the return of displaced persons in the minority. MRG stated that pupils from minority communities attending unified schools often found that they could not learn their own language or be taught through a curriculum that promoted knowledge of their own culture, history and religion.
- Persons with disabilities
83. JS4 and JS2 noted the establishment of the National Disability Council, but there were problems with its independence, funding and effectiveness. JS4 recommended the creation of a national action plan for persons with disabilities and highlighted other issues including discrimination, [...] poor physical access to public facilities and lack of adaptation of services, particularly in relation to healthcare and education. There was no automatic right to public healthcare on the basis of disability and limited guaranteed rehabilitative services. [...] The media portrayed persons with disabilities inappropriately. Special schools were funded, but not inclusive education and children continued to be segregated unnecessarily.
84. JS6 was alarmed that many children with disabilities in specialized care facilities were housed alongside adults. JS4 stated that the lack of a state-level legal framework for institutions to provide support to children with disabilities resulted in discrimination on a territorial basis.
11. Minorities
87. JS6 recommended promoting the accessibility and availability of education for the Roma children and removing barriers leading to school dropout or early marriage by addressing external factors, including poverty, by raising awareness among Roma women of human rights and other specific issues.
12. Migrants, refugees and asylum seekers
88. Several submissions highlighted the obstacles to the sustainable return of internally displaced persons and refugees to their homes or home communities with particular reference to those returning to a situation where they would be in a minority. OSCE-BIH recommended that the Law on Refugees, Returnees and Displaced Persons should be amended to reflect the 2010 Revised Strategy for the Implementation of Annex VII of the Dayton Peace Agreement and ensure equal access to their rights, irrespective of their place of residence. HRW mentioned that implementation of the 2010 strategy remained slow. IDMC-NRC, noted that a revised law had been read in the assembly in 2013 but not adopted due to political divisions. [...] Many [...] lived in segregated, inaccessible settlements, far from employment opportunities, schools, health and emergency services. They also suffered high levels of discrimination in accessing these and other rights. [...] It noted that hate crimes continued to manifest themselves in areas where displaced persons had returned and are in a post-war minority.
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