OSCE Mission analysis reveals encouraging increase in use of the Law on Prohibition of Discrimination

The OSCE Mission to Bosnia and Herzegovina has recently published a report analyzing 433 domestic court decisions in anti-discrimination cases rendered between mid-2018 and mid-2021. The Mission report shows an increase in lawsuits and judgments under the Law on Prohibition of Discrimination. This suggests a growing awareness of this vital legal instrument.

While there have been significant institutional and legislative developments to address discrimination in Bosnia and Herzegovina, there is still a long way to go. The implementation and consistent application of the Law on Prohibition of Discrimination, as well as addressing the practical issues identified in the Mission’s report, are crucial to addressing this ongoing challenge.

Practices between courts remain inconsistent, particularly in mobbing cases, and when awarding non-pecuniary damages. In addition, the inconsistent approaches to the question of the burden of proof continue.

“The analysis identifies weaknesses and inconsistencies in case law while also accounting for the totality of judicial output in these cases,” said Ambassador Brian Aggeler, Head of the OSCE Mission to BiH. “We hope this analysis will help judges in BiH apply and interpret anti-discrimination legislation properly and consistently.“