The Criminal Code Is Not a Place for Ideological Battles: Protection from Violence Must Be Equal for All

Sarajevo Open Centre condemns the adoption of the amendment to the Criminal Code of the Federation of Bosnia and Herzegovina, which limits the definition of “close person” in the context of protection from violence exclusively to individuals of the opposite sex. This amendment represents an unacceptable concession to conservative politics, contradicting the spirit of international conventions such as the Istanbul Convention and human rights standards enshrined in the Constitution of Bosnia and Herzegovina.

The Criminal Code Should Protect, Not Discriminate

The purpose of the amendments to the Criminal Code of FBiH was to provide more effective, broader, and inclusive protection for victims of violence, regardless of their family or partnership status, in line with international standards that Bosnia and Herzegovina has committed to. The term “close person” in this context must not be conditioned by the sexual orientation or gender of the partner. Protection from violence is one of the few issues on which a majority of citizens in Bosnia and Herzegovina express clear support for LGBTI persons. This broad social consensus shows that violence is not, and must never be, a legitimate means of expressing disagreement or prejudice, and that all citizens deserve equal legal protection.

Data from our research shows that one in five LGBTI persons who have experienced violence reported that the perpetrator was their partner.

Same-sex couples exist and live in Bosnia and Herzegovina, regardless of the fact that the law still does not recognize same-sex partnerships. As such, they have an undeniable right to protection from violence. The Criminal Code must acknowledge social reality—not for ideological reasons, but because one of its main purposes is the effective protection of people from violence.

The Criminal Code Does Not Regulate Same-Sex Partnerships

Claims that the definition of “close person” in the Criminal Code introduces same-sex partnerships are both false and malicious. Criminal law does not regulate family or life partnerships, nor does it have the capacity to do so. Criminal law, among other things, protects people from violence, while family law recognizes their partnerships. Both are essential for full equality of citizens.

Sarajevo Open Centre therefore unequivocally supports the adoption of a Law on Life Partnerships of Same-Sex Persons and sees it as a necessary step towards full equality and the protection of the dignity of all citizens. Regulating same-sex life partnerships is a separate legal process that began in 2018 with the initiative of the then government led by Prime Minister Fadil Novalić (SDA), and has continued under the current mandate of the government headed by Nermin Nikšić (SDP).

A law that protects victims of violence is not, and must not be, a platform for political battles at the expense of LGBTI persons.

As an organization that works on protecting the human rights of LGBTI persons, Sarajevo Open Centre announces that it will use all available legal means and constitutionally guaranteed mechanisms to challenge any legal provision that discriminates or denies protection from violence based on sexual orientation.

We call on the Parliament of the Federation of BiH to reject the discriminatory amendment and return to a course that ensures equal protection for all citizens, in accordance with the human rights standards contained in the Constitution of BiH.