BOSNIA AND HERZEGOVINA: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

• UN Human Rights Committee
• UN Committee on Economic, Social and Cultural Rights
• UN Committee on the Elimination of Racial Discrimination
• UN Committee on the Elimination of Discrimination against Women
• UN Committee against Torture
• UN Committee on Migrant Workers
• UN Committee on the Rights of Persons with Disabilities
• UN Committee on Enforced Disappearance

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UN Human Rights Committee

 

CCPR/C/BIH/CO/3

Adopted by Commmittee: 23 March 2017

Published: 13 April 2017

Issues Raised:

Ethnic Segregation

The Committee notes with concern that, despite some progress made, the practice of “two-schools-under-one-roof” and mono-ethnic schools still exists in some parts of the State party, perpetuating ethnic segregation and discrimination within the education system and undermining reconciliation efforts (arts. 2 and 26) (para. 23).

The State party should continue its efforts in ensuring the functioning of an inclusive educational system without any form of discrimination and segregation in practice, including ethnicity or religion (para. 24).

Liberty and Security of Person:

The Committee remains concerned about reports of ill-treatment and harsh conditions in some police stations and detention facilities and about the lack of units for minors in pretrial detention. (para. 29).

The State party should increase its efforts to improve the treatment of persons deprived of their liberty and conditions of detention, and promote the use of alternatives to detention. The State party should also ensure separation of minor and adult detainees during all stages of deprivation of liberty (para. 30).

Rights of the Child:

While noting that the Action Plan for Children of Bosnia and Herzegovina (2015-2018) envisages the adoption of laws prohibiting corporal punishment of children in all settings, the Committee is concerned that corporal punishment continues, especially in the home. The Committee is further concerned at reports suggesting that some children with disabilities remain outside the education system altogether (arts. 6, 24 and 26) (para. 31).

The State party should take practical steps, including through legislative measures, to put an end to corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment, and should conduct public information campaigns to raise awareness about its harmful effects. Special efforts should be invested in integrating all children with disabilities in regular schools and in special schools where absolutely necessary (para. 32).

Harmful Practices:

The Committee is concerned about the practice of arranged marriages involving Roma minors, including those between the ages of 12 and 14 years, and the reluctance of prosecutors to investigate cases that may involve child trafficking and to prosecute offenders (arts. 8 and 24) (para. 33).

The State party should implement programmes specifically designed to reduce the incidence of child marriages and train prosecutors to investigate cases of early marriage linked to the trafficking in persons (para. 34).

Discrimination:

While welcoming the efforts made by the State party to eliminate discrimination against the Roma, including improvements in birth registration among the Roma population and increased enrolment of Roma children in schools, the Committee remains concerned about persistent de facto discrimination with respect to Roma children accessing education,, high unemployment rates and the lack of access to adequate housing (arts. 2, 24 and 26-27) (para. 39).

The State party should continue its efforts to ensure birth registration of all persons on its territory, particularly the Roma people, and to tackle de facto discrimination of the Roma through practical measures, programmes, incentives and awareness-raising initiatives to ensure full enjoyment of all their rights under the Covenant (para. 40).

 

CCPR/C/BIH/CO/2

Last reported: 22 / 23 October 2012
Concluding Observations issued: 13 November 2012

Issues raised:

Birth registration: The Committee recalls its previous observations (CCPR/C/BIH/CO/1, para. 22) and notes with concern the challenges in the registration of births and the provision of birth certificates, particularly for the Roma, which affect their access to health insurance, social security, education and other basic rights (arts. 16 and 24). Paragraph 17.

The Committee reiterates its previous concluding observations (CCPR/C/BIH/CO/1, para. 22) and recommends that the State party should increase its efforts to improve birth registration and the provision of birth certificates, particularly among the Roma, through appropriate interventions such as awareness-raising programmes aimed at changing mindsets regarding the need to register births or obtain birth certificates.

Roma children:and education: The Committee recalls its previous recommendations (CCPR/C/BIH/CO/1, para. 24) and reiterates its concern regarding the de facto discrimination of the Roma. The Committee is particularly concerned that Roma children continue to be subjected to the segregated system of mono-ethnic schools, and that they lack opportunities to receive instruction in their languages. The Committee is also concerned at the poor indicators of the Roma in areas of, inter alia, access to housing, health care, employment and participation in the conduct of public affairs (arts. 26 and 27). Para 21.

The Committee reiterates its previous concluding observations (CCPR/C/BIH/CO/1, para. 24) that the State party should take necessary measures to give effect to the linguistic and education rights of the Roma as protected under the Law on the Protection of Rights of Persons Belonging to National Minorities. The State party should strengthen efforts to ensure that Roma children can receive education instruction in their mother tongue. The State party should also take practical measures to improve the rights of the Roma with regard to access to housing, health care, employment and their participation in the conduct of public affairs.

(CCPR/C/BIH/CO/1)

Last Reported: 18 and 19 October 2006

Concluding Observations Adopted: 1 November 2006

Concerns Raised:

• Trafficking: The Committee is concerned about the incidence of trafficking in persons, especially women and ethnic minority children, for purposes of prostitution or forced labour such as organised begging in the streets, and about the leniency of the sentences imposed on perpetrators of such acts of trafficking. It is also concerned about the failure to make adequate budgetary provisions for the State party's anti-trafficking programmes and the high dependency of such programmes on international donors. (art. 8)

  The Committee urges the State party to:

  (a) Ensure that the perpetrators of acts of trafficking in persons are effectively prosecuted;

  (b) Ensure that judges, prosecutors and law enforcement officers receive intensified training on the application of anti-trafficking and anti-corruption standards;

  (c) Ensure that sufficient funds are allocated from the State budget to victim assistance and witness protection programmes;

  (d) Ensure that effective measures are taken to combat the exploitation of children, especially Roma and other ethnic minority children, for the purpose of street begging or other forced labour. (Paragraph 16)

• Birth Certificates: The Committee is concerned about the frequent failure of health institutions to issue birth certificates for Roma children whose parents have no health insurance or other means to pay hospital fees, although this documentation is necessary for registering a child with the public authorities and for the child's access to basic rights such as health insurance and education. (arts. 16 and 24(2))

  The Committee urges the State party to:

  (a) Remove administrative obstacles and fees in order to ensure that all Roma are provided with personal documents, including birth certificates, which are necessary for them to have access to health insurance, social security, education and other basic rights. (Paragraph 22)

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UN Committee on Economic, Social and Cultural Rights

E/C.12/BIH/CO/2

Last reported: 8 November 2013

Concluding Observations adopted: 29 November 2013

Poverty: The Committee is deeply concerned about the extent of poverty in the State party, in particular among displaced persons, minority returnees, children without parental care, pensioners, persons with disabilities, the Roma people and families with two or more children. (art. 11).

The Committee reiterates its previous recommendation and urges the State party:

(a) to develop the official determination of poverty line and its yearly adjustment;

(b) to address extreme poverty faced in particular by members of marginalised groups, including minorities, and to ensure, on a priority basis, that adequate social assistance be provided to individuals and groups living below the poverty line;

(c) to assess the impact of any laws and policies on the enjoyment of the economic, social and cultural rights by individuals and groups living in poverty on the basis of regularly updated data, disaggregated by sex, age, ethnic background, social status and other relevant criteria, and that effective monitoring mechanisms be adopted and implemented to that effect;

(d) to develop strategies to address the regional disparities that affect the equal enjoyment of economic, social and cultural rights; and

(e) to allocate sufficient funds for the implementation of these strategies, drawing attention to the Committee’s statement on poverty and the International Covenant on Economic, Social and Cultural Rights (E/C.12/2001/10), adopted by the Committee on 4 May 2001. (Art. 29) (para. 29)

Access to education: The Committee is concerned about the continued existence of 'two schools under one roof' in some parts of the State party. The Committee is further concerned that the Criteria on Names and Symbols of Schools has not been implemented at all levels of the State party, thereby creating an environment not facilitating access to education by children belonging to minority in a particular area. (art. 13; 14).

The Committee urges the State party:

(a) to effectively implement the 'Recommendations aimed at discontinuation of segregated or divided structures in educational institutions in Federation of Bosnia and Herzegovina';

(b) to adopt and sign at the cantonal level the Provisional Agreement on Meeting Special Needs and Rights of Returnee Children Implementation Plan;

(c) to promote the adoption and implementation, by all Ministries of Education, of rulebooks/instructions on implementation of Criteria on Names and Symbols of Schools, as a prerequisite for establishing positive environment for all pupils; and

(d) to promote and facilitates the cooperation of cantons of the Federation of Bosnia and Herzegovina in implementation of the mentioned criteria. (para. 33)

Roma children: The Committee is concerned about the high percentage of Roma children not receiving compulsory primary education and relatively high drop-out rates among Roma pupils. (art. 13; 14).

The Committee urges that the State party promote cooperation among the municipal institutions, centres for social work, Roma associations and the schools in order to obtain information on Roma children that should be enrolled in the primary education. The Committee further urges that the State party allocates adequate financial resources for the implementation of the Revised Action plan on the Educational needs of the Roma and Other Ethnic Minorities. The Committee also recommends that the State party adopts a systematic approach to providing disadvantaged pupils with schoolbooks and meals at school. (para. 34)

 

(E/C.12/BIH/CO/1)

Last Reported: 14 and 15 November 2005

Concluding Observations Adopted: 25 November 2005

Concerns Raised

• Returnees: The Committee expresses its deep concern that returnees, in particular those belonging to ethnic minorities, are often denied access to social protection, health care, school education for their children and other economic, social and cultural rights, thereby impeding their sustainable return to their communities.

  The Committee calls on the State party to:

  (a) Intensify its efforts to ensure the sustainable return of returnees to their home communities by ensuring their equal enjoyment of the Covenant rights, especially in the fields of social protection, health care and education. (Paragraphs 12 and 32)

• Unemployment: The Committee is deeply concerned about the high unemployment rate, in particular among youth, women, especially female heads of households, and disadvantaged and marginalised groups such as persons with disabilities, the Roma people and members of other ethnic minorities. The Committee is also concerned that more than one third of the workforce is employed in the informal sector in the State party.

  The Committee urges the State party to:

  (a) Increase its efforts to combat unemployment through special targeted programmes, including programmes aimed at reducing unemployment among youth, women, especially female heads of households, as well as unemployment among disadvantaged and marginalised groups. (Paragraphs 14 and 35)

• Mines: The Committee deplores the high number of victims, mostly children, of anti-personnel mines since the end of the armed conflict.

  The Committee calls on the State party to:

  (a) Continue its efforts and to seek further international assistance for the clearing of anti-personnel mines in all parts of its territory. (Paragraphs 26 and 48)

• Education: The Committee is deeply concerned about the practice of "two schools under one roof", whereby common premises are either divided or being used at different times to teach separate curricula to children belonging to different ethnic groups, and about the trend in some locations to build separate schools for the respective ethnic groups.

  The Committee urges the State party to:

  (a) Ensure that the practice of "two schools under one roof", as well as the construction of separate schools for children belonging to different ethnic groups, be discontinued.

  (b) Merge and teach one curriculum to all classes, irrespective of ethnic origins, and to report on any steps taken in that regard in its next periodic report. (Paragraphs 28 and 50)

  The Committee also expresses its grave concern about the fact that 80 per cent of Romani children do not attend school.

  The Committee urges the State party to:

  (a) Promote equal access by Romani children to primary, secondary and tertiary education, e.g. through the grant of scholarships and the reimbursement of expenses for schoolbooks and of travel expenses to attend school, and to closely monitor school attendance by Romani children. (Paragraphs 29 and 51)

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UN Committee on the Elimination of Racial Discrimination

(CERD/C/DNK/CO/20-21)

Last Reported: 18 November 2013
Concluding Observations Adopted: 15 May 2015

Concerns Raised

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(CERD/C/BIH/CO/7-8)

Last Reported: 18 and 19 August 2010
Concluding Observations Adopted: 25 August 2010

Concerns Raised

• Education: While taking note of the measures adopted by the State party to eliminate the remnants of the system of the so-called "two schools under one roof", the Committee believes that segregated education in the territory of the State party perpetuates non-integration, mistrust and fear of the "other" (Arts. 3, 5(e) and 7).

  The Committee urges the State party to:

  (a) End the segregated system of mono-ethnic schools and to ensure that the same basic

  curriculum be taught to all children promoting tolerance among the different ethnic groups in the country and appreciating their specificities. (Paragraph 11)

• Birth Registration: The Committee notes that the Roma children birth registration campaign that should have been concluded by 2008 has not yet achieved its objectives, with serious implications in their eligibility for health care insurance, social aid and school enrolment (Arts. 2, 3 and 5(e)).

  The Committee urges the State party to:

  (a) Continue to endeavour to combat prejudices against Roma;

  (b) Ensure that all Roma have access to personal documents that are necessary for them to enjoy their civil and political rights, as well as their economic social and cultural rights.

  (c) Fully implement its various Roma strategies and action plans in line with the declaration and program of work of the Decade of Roma Inclusion 2005-2015, with action mainly devoted to ensure adequate housing, health care, employment, social security and education for Roma people. (Paragraph 12)

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UN Committee on the Elimination of Discrimination against Women

 

CEDAW/C/BIH/CO/4-5
Last reported: 19 July 2013
Concluding Observations issued: 25 July 2013

Issues raised:

Participation: The Committee is concerned about the lack of effectiveness of the UN Security Council Resolution 1325 Action Plan regarding women’s participation in peace, reconciliation and rehabilitation processes.(Paragraph 11).

The Committee recommends that the State party ensure the full implementation of Security Council Resolution 1325 (2000) through the State party’s Action Plan and develop concrete measures to enhance the participation of women in decision-making processes relating to post-conflict policies and strategies, taking into account the needs of women and girls, in particular as concerns their social rehabilitation and reintegration.

 

Stereotypes: The Committee reiterates its concern about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and in society at large (CEDAW, C/BIH/CO/3, para. 23). It notes that such attitudes and stereotypes constitute a significant impediment to the implementation of the Convention, as they are root causes of (1) women’s disadvantaged position in the State party in political and public life, especially in decision-making positions and elected offices as well as in the labour market (2) the prevalence of violence against women in the State party and (3) gender segregation as reflected in women and girls’ educational choices. In addition, the Committee regrets the serious delays in addressing the remaining gender stereotypes found in school textbooks and materials. Paragraph 19.

The Committee urges the State party to :

       (a)           Remove, as a matter of priority, gender stereotypes from educational textbooks and teaching materials;

(b)     Disseminate the principles of non-discrimination and gender equality throughout the educational system, both formal and informal, with a view to enhancing a positive and non-stereotypic portrayal of women, by incorporating human rights and gender equality into training and educational materials and by providing training on women’s rights to teaching staff;

(c)      Develop a comprehensive wide-ranging strategy across all sectors, with pro-active and sustained measures, targeted at women and men, girls and boys, to overcome patriarchal and gender-based stereotypical attitudes about the roles and responsibilities of women and men in the family and in society, in particular in areas where women are in the most disadvantaged position such as public and political life and employment; and

       (d)           Intensify its cooperation with civil society and women’s organizations, political parties, education professionals, the private sector and the media, and disseminate information to the general public and to specific audiences, such as decision-makers, employers, youth, and disadvantaged groups of women, on women’s rights in the private and public spheres.

 

Violence: While welcoming the State party’s increased efforts to combat domestic violence, the Committee reiterates its serious concern about the high prevalence of domestic violence and the lack of monitoring and accountability mechanisms regarding the implementation of existing strategies, both at State and Entity levels; insufficient data collection to assess the phenomenon of domestic violence; and insufficient support services dependent on NGOs and foreign funding. The Committee is further concerned about the inconsistent application of the laws regulating domestic violence by the courts of both Entities, which undermines women’s trust in the judicial system despite the comprehensive legislative framework in place; as well as underreporting of domestic violence, the limited number of protective measures issued and the lenient sentencing policy, including a large percentage of suspended sentences. In addition, the Committee regrets the absence of information regarding Brcko District and the insufficient information on other forms of violence against women in the State party. Paragraph 21.

The Committee recommends that the State party:

       (a)           Establish effective institutional mechanisms to coordinate, monitor and assess the effectiveness of the impact of the strategies developed and measures taken with a view to ensure the consistent application of the laws at all levels;

       (b)           Encourage women to report incidents of domestic violence by de-stigmatizing victims and raising awareness about the criminal nature of such acts and intensify its efforts  to ensure that all reported cases of domestic and sexual violence against women and girls are effectively investigated and that perpetrators are prosecuted and sentenced commensurate with the gravity of the crime;

       (c)           Collect statistical data on domestic violence, including femicide, disaggregated by sex, age and relationship between victim and perpetrator, and undertake research on the extent of all forms of violence against women and its root causes;

       (d)           Provide mandatory training for judges, lawyers and law enforcement officers on the uniform application of the existing legal framework, including on the definition of domestic violence and on gender stereotypes; and

       (e)           Provide adequate assistance, protection and rehabilitation to women victims of all forms of violence, including by strengthening the capacity of existing shelters and by enhancing cooperation with and funding for NGOs providing shelter and rehabilitation to victims.

 

Trafficking: While noting the new legislative framework at the State level, the Committee remains concerned about the low number of prosecutions, undue delays in proceedings and the leniency of sentences, despite the growing trend of internal and international trafficking in the State party. It is particularly concerned that the Criminal Codes of the Entities and of Brcko District have not been harmonised with the State Criminal Code and therefore do not allow adequate prosecutions at entity and district level with corresponding punishments and convictions of acts of trafficking, especially internal trafficking. Further, while noting the adoption of regulations protecting victims and witnesses and the development of a new Strategy for Combating Trafficking in Human Beings, the Committee is concerned about the lack of effective victim identification procedures,especially regarding women and girls from Roma communities and internally displaced women who are increasingly affected, and that the provision of adequate services to victims of trafficking, such as shelters are mostly operated by non-governmental organizations which rely on external funding. (Paragraph 21).

The Committee recommends that the State party:

       (a)           Amend the Criminal Codes of both Entities and of Brcko District to harmonize them with the relevant provisions of the Criminal Code of Bosnia and Herzegovina in order to ensure that acts of trafficking are adequately prosecuted;

       (b)           Ensure the effective implementation of the new legislative framework and the timely prosecution and punishment of traffickers, as well as review its sentencing policy in trafficking cases;

       (c)           Provide mandatory and gender sensitive training for judges, prosecutors, police officers and other law enforcement officers on applicable legal provisions, including regulations on the protection of witnesses of trafficking;

(d)     Strengthen mechanisms aimed at early identification and referral of victims of trafficking, with a special focus on Roma and IDP women, as well as preventive measures such as raising awareness on the risks of trafficking for disadvantaged groups of women; and

(e)      Ensure adequate funding for anti-trafficking activities undertaken by non-governmental organizations.

 

The Committee expresses concern at the fact that the State party remains a country of origin, destination and transit for trafficking in human beings, in particular women and girls for purposes of sexual exploitation. It is also concerned about prostitution being punishable as an administrative offence, the absence of research and data on the prevalence of exploitation of prostitution in the State party and the lack of policies and programmes to address this phenomenon.

1. The Committee calls on the State party to:

       (a)           Amend its legislation to ensure that women victims of prostitution are no longer punished by a fine, ensure the investigation, prosecution and punishment of those who exploit prostitution, and take measures to discourage the demand for prostitution;

       (b)           Pursue a comprehensive approach to addressing the exploitation of prostitution, including by developing strategies to support and provide rehabilitation for women who wish to leave prostitution, and provide, in its next periodic report, comprehensive information and data on the prevalence of exploitation of prostitution.

Birth registration: The Committee is concerned about the lack of effective implementation of universal birth registration in the State party, in particular among Roma women and girls, placing them at risk of statelessness and hindering their access to basic services. It notes with concern that the lack of information, as well as administrative and financial obstacles, may prevent Roma women from registering births and obtaining birth certificates.(Paragraph 29).

1. The Committee calls on the State party to:

       (a)           Ensure that all children born on the territory of the State party, in particular Roma children, are registered at birth, as a means of preventing statelessness and to ensure their access to education, social services, health care and citizenship, and develop measures to identify unregistered children and ensure that they are provided with personal documents; and

       (b)           Strengthen its public awareness-raising campaigns to ensure that Roma women are aware of the importance of birth registration and of the procedural requirements to obtain certificates, and ensure their access to registration services and procedures.

Education: While commending the State party for the high level of education of women and girls, the Committee remains concerned about the persistent segregation of fields of study at the post-secondary level, with women concentrated in traditionally female dominated areas and underrepresented in technical-vocational education. The Committee is also concerned about the existing mono-ethnic school system, which discriminates against girls on the basis of their ethnicity and negatively impacts their education opportunities. The Committee further expresses concern about the low enrolment rates and the high drop-out rates of Roma girls at the primary school level. (Paragraph 31).

1. The Committee recommends that the State party:

       (a)           Further encourage young women to choose non-traditional fields of study and professions and implement programmes aimed at counselling boys and girls on educational choices;

       (b)           Implement the recommendations developed by the Federation Ministry of Education, in collaboration with the Education Ministers in the Federation, with a view to eliminating the mono-ethnic school system; and

       (c)           Promote access of Roma girls to education and their retention at all levels of education, by raising awareness on the importance of education as a human right and as the basis for the empowerment of women, and strengthen the implementation of re-entry policies enabling Roma girls who drop out to return to school.

Child marriages: The Committee is concerned about the prevalence of the practice of early marriage within Roma communities and about the lack of sustained, systematic and concrete action taken by the State party to address this harmful practice, despite the legal prohibition of such acts. (Paragraph 39)

The Committee recommends that the State party develop comprehensive measures to combat the practice of early marriage and to raise awareness among Roma communities about the legal prohibition of child marriages, as well as on their negative effects on girls’ health and completion of education, notably by establishing cooperation with community leaders.

(CEDAW/C/BIH/CO/3)

Last Reported: 16 May 2006

Concerns Raised

• Education: While noting the reform process directed at the harmonisation and modernisation of existing educational laws and curricula at all levels of the State party, the Committee remains concerned about prevalent discrimination in this area, in particular about the early drop-out rates of girls in rural areas, especially of Roma girls, the segregation of girls and boys in secondary education, in the disciplines in higher education and its consequences for women's professional opportunities, and the high rate of illiteracy among elderly women and, in particular, among Roma women and girls.

  The Committee urges the State party to:

  (a) Continue the reform process in order to ensure consistency in educational opportunities for both sexes in both entities of Bosnia and Herzegovina, including in rural areas, and for marginalised groups of women and girls, in particular of the Roma minority;

  (b) Encourage diversification of educational and professional choices for women and men. (Paragraphs 31 and 32)

• Health: The Committee is concerned about the status of women's health and women's limited access to health-care services in general and of unemployed women, women working in the grey economy and other vulnerable groups of women. It is concerned that regulations and financial resources with respect to access to and provision of health care vary between the entities and among the cantons of the Federation of Bosnia and Herzegovina, which, inter alia, seem to contribute to a high rate of maternal mortality. The Committee is also concerned at the lack of family-planning education and the difficulty in accessing contraceptives, which result in a high rate of abortions and teenage pregnancies.

  The Committee urges the State party to:

  (a) Continue its efforts to harmonise and improve the country's health-care regulations and services and to integrate a gender perspective into all health sector reforms so that all women in every part of its territory have equal access to appropriate and adequate health services and that, in particular, maternal mortality rates are reduced;

  (b) Take measures to guarantee effective access of women and girls to information and services regarding sexual and reproductive health in order to prevent recourse to abortion and protect women from its negative health effects;

  (c) Adopt programmes and policies to increase knowledge of and access to contraceptive methods with the understanding that family planning is the responsibility of both partners. (Paragraphs 35 and 36)

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UN Committee against Torture

(CAT/C/BIH/2-5)

Last Reported: 4 and 5 November 2010

Concerns Raised

• Violence: The Committee, while noting legal and administrative measures undertaken by the State party to combat gender-based violence, including the resolution on the fight against violence against women in the family adopted by the Parliamentary Assembly, expresses its concern about the persistence of violence against women and children, including domestic violence. While appreciating the State party's intention to amend the elements of crimes of rape by abolishing the requirements of both penetration and active resistance by the victim, it is concerned at insufficient information on the Entity laws prohibiting and criminalising such violence as well as at the low numbers of investigations and prosecutions of cases of domestic violence. The Committee is concerned at reports about the inadequate provision of protection measures and rehabilitation programmes for victims (arts. 1, 2, 4, 11, 12 and 16)

  The Committee recommends that the State party:

  (a) Enhance its efforts to prevent, prosecute and punish all forms of violence against women and children, including domestic violence, and ensure effective and full implementation of the existing laws and the national strategies adopted to that end, including the Strategy for the Prevention and Combating Domestic Violence and the National Strategy to Combat Violence against Children.

  (b) Provide shelter and counselling service for victims of violence in sufficient number and with adequate standards.

  (c) Conduct broader awareness-raising campaigns and training on domestic violence for law enforcement agencies, judges, lawyers and social workers who are in direct contact with the victims as well as for the public at large. (Paragraph 13)

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UN Committee on Migrant Workers

CMW/C/BIH/CO/2

Last reported - 11 and 12 September 2012
Concluding Observations issued - 26 September 2012

Issues raised:

Detained children: The Committee is concerned that children of migrant workers are being placed in the Lukavica Immigration Centre and that this facility is not adapted to their needs (Paragraph 30).

The Committee recommends that the State party give priority to alternatives to the placement of children of detained migrant workers in immigration centres and ensure that custodial measures are only taken as a last resort, when non–custodial measures are unavailable to uphold the right to family life.

 

Birth registration: The Committee is concerned that children of migrant workers, including Roma children and children of migrant workers in an irregular situation, are often not registered at birth and issued personal identity documents, which impedes their access to health care, social benefits and education (Paragraph 35).

36. The Committee recommends that the State party:

(a) Intensify its efforts to ensure that all children of migrant workers are registered at birth and issued personal identity documents;

(b) Provide training to the relevant law enforcement officers on the systematic birth registration of all children of migrant workers; and

(c) Raise awareness on the importance of birth registration among migrant workers and members of their families, especially those in an irregular situation.

Education: The Committee is concerned about the lack of information on access to education for children of migrant workers in the State party. It is further concerned by the exclusion of children of migrant workers from certain mono-ethnic schools based on their ethnicity. (Paragraph 37).

38. The Committee recommends that the State party:

(a) Ensure that all children of migrant workers have access to primary and secondary education on the basis of equality of treatment with nationals of the State party;

(b) Take measures to eliminate discrimination against children of migrant workers in the educational system; and

(c) Include in its next periodic report information on the measures taken in that regard and on the enrolment rates of children of migrant workers, including those in an irregular situation.

 

Trafficking: While acknowledging the State party’s efforts to combat trafficking in persons and commercial sexual exploitation of migrant workers, the Committee is concerned that the Criminal Codes of both Entities and of Brčko District have not yet been harmonized with the amended provisions of the State Criminal Code, including the new definition of trafficking in article 186 of the State Criminal Code. It is particularly concerned about the high number of migrant children who are victims of trafficking and about remaining gaps in the enforcement of anti-trafficking laws, in the light of the absence of convictions and prosecutions at State level in 2011 (Paragraph 47).

48. The Committee recommends that the State party:

(a) Harmonize the Criminal Codes of both the Entities and the Brčko District with relevant State legislation;

(b) Criminalize the sale and prostitution of children, including migrant children, in line with the recommendations of the Committee on the Rights of the Child;

(c) Increase its efforts to enforce anti-trafficking laws and train police officers, judges, prosecutors and social service providers on the existing legal framework;

(d) Allocate adequate resources to implementing strategies to combat trafficking;

(e) Develop effective mechanisms to identify victims of trafficking, especially migrant women and children; and

(f) Provide adequate assistance, protection and rehabilitation to all victims of trafficking in human beings, including migrant workers, by funding non-governmental organizations assisting those victims, and ensure that victims of trafficking are informed of their rights under the Convention.

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/BIH/CO/1

Last reported: 5 March 2013

Concluding observations issued: 12 April 2017

Issues raised and recommendations given:

Children with disabilities (art. 7): the Committee is concerned that corporal punishment of children, especially children with disabilities, is not explicitly prohibited in the family, alternative care and day care settings in the State party. It is further concerned that there is no universal and equal access to services of early childhood recognition and intervention for children with disabilities. The Committee recommends that the State Party explicitly and universally prohibit corporal punishment of children, with particular attention for children with disabilities living in institutions and provide children with disabilities with sufficient early childhood intervention and development services in cooperation with organisations of parents with children with disabilities at the local level Para. 14 and 15).

Freedom from torture or cruel, inhuman or degrading treatment or punishment (art. 15): the Committee is concerned that despite the ombudsman’s recommendations and the establishment of the National Mechanism for Prevention of Torture and other Inhumane or Humiliating Treatment or Punishment of Bosnia and Herzegovina, there is a lack of information about the protocols prohibiting the use of coercive measures, including physical, mechanical and chemical restraints, the excessive antipsychotic therapy and the prolonged isolation of adults and children with psychosocial and/or intellectual disabilities. (para. 28). The Committee recommends the State party to take effective legal and administrative measures to prohibit the practice of involuntary commitment or hospitalization, forced medical and, in particular, forced psychiatric treatment on the basis of impairment and to provide sufficient community-based alternatives (para. 29).

Freedom from exploitation, violence and abuse (art. 16): the Committee is concerned about the lack of data on effective measures to prevent violence against persons with disabilities, especially women with disabilities, and violence against children with disabilities, including sexual violence, in all settings, and the lack of mechanisms for making complaints against perpetrators and legal remedies. The Committee recommends that the State party revise the monitoring and inspection of social care homes and psychiatric institutions to prevent violence against and abuse of persons with disabilities, children with disabilities in particular still living therein. It also recommends that the State party ensure that persons deprived of liberty have access to independent complaints mechanisms and provide appropriate remedy to victims of abuse, such as redress and adequate compensation, including rehabilitation (para. 30 and 31).

Respect for home and the family (art. 23): the Committee is concerned that women with disabilities, especially those with psychosocial and/or intellectual disabilities, can be separated from their children on the grounds of their disability. The Committee recommends that the State party provide sufficient resources to support families with children with disabilities to remain together. This includes providing sufficient support to allow children with disabilities to remain in the family, including the promotion of foster family-related services, and support to parents with disabilities to retain full parental responsibility of their children (para. 40 and 41).

Education (art. 24): The Committee is concerned that there is no comprehensive legislation with effective strategy on inclusive education, including preschool service for children with disabilities; there is a lack of data on measures adopted to provide standardised and regulated transparent protocols relating to individual education plans, as well as relevant technologies and forms of communication ensuring accessibility for pupils and students with disabilities at all levels of education; there is a lack of comparable data on funding earmarked for children with disabilities in mainstream education, as well as on affirmative measures for the enrolment of and accommodation provided for students with disabilities; there is only limited accessibility provided in higher education for students with disabilities (para. 42).

Recalling its general comment No. 4 (2016) on the right to inclusive education and the Sustainable Development Goal 4, especially its targets 4.5 and 4.8, the Committee recommends that the State party increase its efforts towards inclusive education, particularly, that it adopt and implement a coherent strategy on inclusive education in the mainstream educational system; ensure the accessibility of school environments in line with the Convention, including the provision of reasonable accommodation, accessible and adapted materials and inclusive curricula; allocate effective and sufficient financial, material and adequately trained human resources, including persons with disabilities; incorporate inclusive education training into university curricula for future teachers and training programmes for current teaching staff with an adequate budget (para. 43).

Health (art. 25): the Committee is concerned about the limited and unequal access to health services for children with disabilities in the State party and recommends that the State party take effective and harmonised measures to provide early intervention services to all children with disabilities (para. 44 and 45).  

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UN Committee on Enforced Disappearances

Last reported: 28 May 2015

Conclusing observations issued: 12 October 2016

Legislation concerning the wrongful removal of children: The Committee is concerned about the lack of provisions that specifically penalize the actions relating to the wrongful removal of children referred to in article 25, paragraph 1, of the Convention. The Committee also notes with concern that the fate and whereabouts of 94 children victims of enforced disappearance in 1995 in Srebrenica has still to be ascertained (para 39).

The Committee recommends that the State party adopt the necessary legislative measures to make the actions referred to in article 25, paragraph 1, of the Convention specific offences, and for such actions establish penalties commensurate with their extreme seriousness. The Committee also urges the State party to purse its efforts to search for and identify disappeared children, in conformity with article 25, paragraph 2 of the Convention (para 40).___________________________________________________