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The Gender Equality Law of Bosnia and Herzegovina

Ana Vuković, director of theGender Center of the Federation BiH

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Gender Equality Law of BIH

• Regulates, protects and promotes gender equality and guarantees equal opportunities for all male and female citizens, in both the public and private spheres, and prevents their direct or indirect discrimination on the basis of sex. (article 1.)

• Full gender equality is guaranteed in all social spheres, and particularly in the areas of education, economy, employment and work, social and health care, sport, culture, public life and media, regardless of their marital and family status. (article 2.)

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International documents

• The Convention on the elimination of all forms of discrimination against women (CEDAW)

• The International agreement on the political and civil rights

• Recommendation Rec (2003)3 of the Council of Ministers’ Board of the European Council

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Gender Equality Law in BiH

- Discrimination -

• Discrimination on the basis of sex and sexual orientation is prohibited.

• Discrimination on the basis of sex with respect to this law represents every legal or factual, direct or indirect, discriminating, privileging, excluding or limiting of a person on the basis of the person’s sex, which impairs or denies the individuals the acknowledgement, or the exercising and enjoying of their human rights and freedoms in the political, educational, social, cultural, sport, civil and any other area of public life.

• Discrimination can be direct or indirect.

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Examples of direct and indirect discriminationExample 1. – Direct discrimination -

Unequal treatment of men and women in the creation of candidate lists for the most responsible executive functions (e.g. if the statute of a political party includes a stipulation such as : the party will not offer female candidates for the most responsible executive functions).

Example 2.Referring to men and women in a belittling, insulting and humiliating manner on the basis of sex while they are exercising a particular function (e.g. the press statement by a female delegate about her younger male colleague: „He is playing smart Alec all the time, coming up with various suggestions where you can see it in his face that he has no idea what he is talking about“).

Example 1. – Indirect discrimination -Unequal treatment of male and female candidates during the presentation of the party program in the pre-election period (e.g. although it is stated in the party documents that the party programs will be presented by all candidates, in the practice male candidates frequently present their programs in the prime time and in the main venues, while female candidates for the most part have to put up with less attractive or popular dates and venues.

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Examples of affirmative/special temporary measures

Norms, criteria and practices that can be objectively justified by referring to the necessity of attaining lawful goals proportionate to the undertaken necessary or justified measures will not be considered as discrimination.The Law allows for the introduction of special/affirmative measures with the goal of promoting gender equality and equity, eliminating the existing inequality and ensuring protection of sexes on the basis of their biological determination.

Example 1. Regulation embedded in Article 4. 19. of the BIH Election Law.

Example 2.Passing normative acts which determine that women on maternity leave are not liable to paying off credit instalments.

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Gender Equality Law of BiH – Public life

• State bodies and local governance bodies, managerial bodies of corporate companies, political parties and other non-profit organizations will commit themselves to ensuring and promoting equal representation of sexes in the governing and decision-making processes.

• Adopting programs of measures designed to improve representation of sexes in the governing organs on all levels.

• Ratio of men and women in the governing bodies on all levels, including the judiciary, legislative and executive power, will be based on the principle of equal representation of sexes.

(Article 15.)

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Gender Equality Law of BiH

- Obligations of authorities -

• Adopting programs of measures directed toward achieving gender equality in all areas and on all governance levels;

• Passing new laws or the amendments to the existing laws so as to harmonize them with the regulations of this Law;

• Ensuring judiciary, civil and penal protection in all cases related to the violation of the Law;

• Ensuring the keeping of gender-disaggregated data in all economic subjects, private and state-owned enterprises, state and public organizations and institutions, as well as ensuring the access to such information.

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Current state of gender equality in BiH

Sastav Vijeća ministara BiH 2007. - ravnopravnost spolova

100%

0%

M Ž

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Current state of gender equality in BiH

Centralna izborna komisija - ravnopravnost spolova

86%

14%

M Ž

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Current state of gender equality in BiH

Zakonodavna vlast u BiH izabrana direktno na Izborima 2006. god - U PROSJEKU

82%

18%

M Ž

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Current state of gender equality in BiH

Zakonodavna vlast u BiH izabrana na Izborima 2006. god. uključujući i domove/vijeće naroda - U PROSJEKU

83%

17%

M Ž

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Current state of gender equality in BiH

Sastav Vlade Federacije BiH 2007. - ravnopravnost spolova

94%

6%

M Ž

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Current state of gender equality in BiH

Sastav Vlade RS - ravnopravnost spolova

88%

12%

M Ž

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Current state of gender equality in BiH

Spolna struktura ministara/ca u kantonalnim ministarstvima

82%

18%

M Ž

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Local elections 2008

Spolna struktura kandidata na lokalnim izborima - BiH

35%

65%

Ž M

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Local elections 2008

Spolna struktura kandidata za nače lnika/cu - BiH

6%

94%

Ž M

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Local elections 2008

Spolna struktura kandidata za v ijećnike -ce /odbornike -ce - BiH

36%

64%

Ž M

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Local elections 2008

Spolna struktura kandidata za vjećnike-ce/odbornike-ce predstavnika nacionalnih

manjina - BiH20%

80%

Ž M

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Local elections 2008 – Elected municipal majors

Spolna struktura izabranih kandidata za načelnika/cu za nivio Bosne i Hercegovine

97%

3%

M Ž

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• Integrating international standards concerning equal representation of women and men in the decision-making process.

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The situation following the full implementation of the Gender Equality Law

of BIHPotpuna implementacija Zakona o ravnopravnosti spolova u BiH

podrazumjeva ovo

50%50%

M Ž

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THANK YOU FOR YOUR PATIENCE

GENDER CENTER OF THE FEDERATION OF BOSNIA AND HERZEGOVINA

Hakije Kulenovića 12 71 000 Sarajevo

Tel. 033/665-883

Fax. 033/265-200

www.fgenderc.com.ba

E-mail: fgenderc@bih.net.ba