LGBTQ rights in Bosnia and Herzegovina | |
---|---|
Status | Legal since 1858 when part of the Ottoman Empire, criminalized upon incorpotation into the Austria-Hungary in 1878, made legal again in 2003 |
Gender identity | Transgender people allowed to change gender; surgery is required |
Military | Gays, lesbians and bisexuals allowed to serve |
Discrimination protections | Sexual orientation, gender identity and intersex status protections (see below) |
Family rights | |
Recognition of relationships | No recognition of same-sex relationships |
Adoption | – |
Lesbian, gay, bisexual, and transgender (LGBT) people in Bosnia and Herzegovina may face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are legal in Bosnia and Herzegovina. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Bosnia and Herzegovina is a secular country composed of mainly Muslims and Christians (Catholic and Orthodox). While officially secular, religion plays an important role in Bosnian society. As such, attitudes towards members of the LGBT community tend to be quite conservative. [1] Some LGBT events, most notably the Queer Sarajevo Festival 2008, have ended in violence, when "a combination of football fans and religious extremists" stormed the festival while shouting death threats and religious phrases. According to a 2015 survey, 51% of LGBT Bosnians and Herzegovinians reported some form of discrimination directed against them, including verbal abuse, harassment, and physical violence. [2]
Nevertheless, attitudes are changing. In 2016, the government of Bosnia and Herzegovina approved a comprehensive anti-discrimination law, banning discrimination on account of one's sexual orientation, gender identity and sex characteristics. More and more gay bars and venues have opened, especially in the capital city of Sarajevo. [1] Bosnia and Herzegovina's desire to join the European Union has also played an important role in the Government's approach to LGBT rights. [3] The association ILGA-Europe has ranked Bosnia and Herzegovina 22 out of the 49 countries in the Council of Europe in terms of LGBT rights legislation. [4]
Bosnia and Herzegovina is a federation consisting of two entities, namely the Federation of Bosnia and Herzegovina and the Republika Srpska. Same-sex sexual activity was legalized in the Federation of Bosnia and Herzegovina in 1996 and in the Republika Srpska in 1998, by those two entities adopting their own criminal laws. [5] The Brčko District followed suit and legalized homosexuality in 2003, making it legal nationwide since then. [6] The age of consent is equal and set at 14 years, regardless of gender and/or sexual orientation (having sexual relations with a person under 14 is considered statutory rape). [7]
In 1858, the Ottoman Empire legalized same-sex sexual intercourse. [8]
There is no legal recognition of same-sex couples on a national or subnational level. The Constitution of Bosnia and Herzegovina remains silent on gender eligibility for a marriage, and on a subnational scale, both entities, the Federation of Bosnia and Herzegovina and the Republika Srpska, limit marriage to opposite-sex couples, as prescribed by their respective family codes. [9]
On 19 October 2018, the Federation of Bosnia and Herzegovina (FBiH) adopted a request for the legalisation of civil unions. "The said item was on the session agenda and it was adopted in the same form as it was proposed," FBiH Prime Minister Fadil Novalić said. The Government will now form a working group to analyse the proposal, which will need to be later adopted by the Parliament. [10] The working group was established in January 2020 and was due to start working in April 2020, but the start was postponed due to the COVID-19 pandemic. [11]
Article 12 of the Law on Equality of Sexes (Bosnian : Zakon o ravnopravnosti spolova), adopted in early 2003, prohibits discrimination based on gender and sexual orientation. [12] Sexual orientation is not explicitly defined, however.
The labour law of the Federation of Bosnia and Herzegovina (FBiH) also explicitly prohibits discrimination based on sexual orientation, as does Brčko District's labour law. [3]
The Law Against Discrimination (Bosnian : Zakon o zabrani diskriminacije) was adopted in 2009, prohibiting discrimination based on sex, gender expression and sexual orientation. Furthermore, the law forbids harassment and segregation on the basis of sexual orientation. [13] Article 2 of the law states as follows: [14]
Discrimination, in terms of this Law, shall be any different treatment including any exclusion, limitation or preference based on real or perceived grounds towards any person or group of persons, their relatives, or persons otherwise associated with them, on the grounds of their race, skin colour, language, religion, ethnic affiliation, disability, age, national or social background, connection to a national minority, political or other persuasion, property, membership in trade union or any other association, education, social status and sex, sexual orientation, gender identity, sexual characteristics, as well as any other circumstance serving the purpose of or resulting in prevention or restriction of any individual from enjoyment or realization, on equal footing, of rights and freedoms in all areas of life.
In July 2016, the Bosnian Parliament adopted a bill amending anti-discrimination laws to explicitly prohibit discrimination based on sexual orientation, gender identity and sex characteristics. [15] [16]
In April 2016, the Federation of Bosnia and Herzegovina approved amendments to its Criminal Code by outlawing hate crimes on the basis of sexual orientation and gender identity. The law was published in the official gazette on 15 June 2016. Similar bans already existed in Republika Srpska and the Brčko District. [17] [18] [19]
Transgender people may change their legal gender in Bosnia and Herzegovina after having undergone sex reassignment surgery and other medical treatments. [3] [4]
Quite a few organizations have been working on LGBT rights in Bosnia and Herzegovina. Organisation Q (Udruženje Q) was the first LGBT organization to register in Bosnia and Herzegovina. Organization Q works for "the promotion and protection of culture, identities and human rights of queer persons", and was founded in September 2002. It formally registered in February 2004. [5]
Logos was initially registered at the end of 2005 under the name of the Initiative for Visibility of Queer Muslims (IIVQM), but shortly after changed its name to Logos and re-registered in 2006. [5] Equilibrium was registered in mid-2009 and was the first organization to work out of Banja Luka. Both organizations closed after two years. [3]
Other organizations include Okvir and Simosyon (which both registered in 2011), Viktorija, the Sarajevo Open Centre (Sarajevski Otvoreni Centar), BUKA (Bosnian : Banjalučko Udruženje Kvir Aktivista, lit. 'Banja Luka Association of Queer Activists', which registered in 2013), LibertaMo Association (which began working in 2015), and the Mostar and the Tuzla open centers. [3] [5]
BIH Pride March, the country's first pride event was held on 9 September 2019 in the capital Sarajevo. [20] An estimated 2,000 people marched in the first pride parade of Bosnia and Herzegovina, making the country the last former Yugoslav nation to hold a pride event. [21]
Approximately a dozen individuals were attacked at the end of the first day of the Queer Sarajevo Festival on 24 September 2008. Eight people, one policeman included, were reported to have been injured after a large group of hooligans attacked visitors and the crowds. According to the organizers of the four-day event, police allowed a non-approved protest and anti-gay protestors to get too close to the venue, thus endangering the participants. [22]
The festival, organised by Organization Q, opened in the Academy of Fine Arts in the centre of Sarajevo, the capital of Bosnia and Herzegovina. The attacks forced the organizers to make the rest of the festival a private event and to cancel it a couple of days later. Although Organization Q had organized public events before, this festival was the first cultural event of this kind in history of Sarajevo. [22]
In 2014, the Constitutional Court ruled that the authorities had failed to protect the freedom of assembly of the 2008 festival participants. [3]
On 1 February 2014, fourteen masked men stormed into the Merlinka Festival, shouting homophobic insults. Three participants were injured. Police arrived just after the attackers left, and were criticised for doing very little in finding and prosecuting the attackers. [23] The festival continued the following day, with no incident, and with the full protection of the police force. [4]
In March 2023, activists at the offices of Transparency International, claimed that they were attacked by a group of men after a local event was banned by police. According to the activists, a few dozen men chased them through the streets. The attack came after LGBT film screenings and discussions were cancelled by police for security concerns and after Republika Srpska President, Milorad Dodik, called LGBT people harassers and stated that they should be prevented from gathering. Banja Luka's mayor, Draško Stanivuković, where the attack took place, stated that the LGBT community should stay in Sarajevo and away from smaller cities like Banja Luka. [24]
A 2015 survey found 48% of Bosnians would try to cure their child if they came out as gay. Another 16% stated that they would stop communicating with their child altogether. It also found 19% of Bosnia and Herzegovina's population supported granting same-sex couples some rights associated with marriage, such as economic and social rights. [3]
According to a Pew Research poll published in 2017, 13% of respondents in Bosnia and Herzegovina supported same-sex marriage, with 84% opposed. It showed that 82% of Bosnians believed that homosexuality should not be accepted by society. [25] [26]
According to a poll published in 2019, before the first gay pride parade in Sarajevo, 24% of respondents supported the parade, with 72% against. 14% of respondents stated that they supported the legalisation of same-sex marriage, with 81% opposed. The poll was conducted in Sarajevo Canton, not covering the rest of the country. [27]
According to a 2021 study, the first LGBT+ Pride parade in Sarajevo led to increased support for LGBT activism in Sarajevo. It did not however diffuse nationwide. [28]
Same-sex sexual activity legal | (Since 2003, nationwide) |
Equal age of consent (14) | (Since 2003, nationwide) |
Anti-discrimination laws in employment only | (Since 2003) |
Anti-discrimination laws in the provision of goods and services | (Since 2003) |
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | (Since 2009) |
Hate crimes laws include sexual orientation and gender identity | (Since 2016, nationwide) |
Same-sex marriages | |
Recognition of same-sex couples | |
Recognition of adoption for single people regardless of sexual orientation | |
Stepchild adoption by same-sex couples | |
Joint adoption by same-sex couples | |
Gays, lesbians and bisexuals allowed to serve openly in the military | |
Right to change legal gender | |
Access to IVF for lesbians | |
Commercial surrogacy for gay male couples | |
MSMs allowed to donate blood |
Republika Srpska is one of the two entities of Bosnia and Herzegovina, the other being the Federation of Bosnia and Herzegovina. It is located in the northern and eastern parts of the country and had a population of 1,228,423 according to the 2013 census. The largest city and administrative center is Banja Luka, situated on the Vrbas River.
Lesbian, gay, bisexual, and transgender (LGBT) people in Bulgaria face significant challenges not experienced by non-LGBT residents. Both male and female same-sex relationships are legal in Bulgaria, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. Discrimination on the basis of sexual orientation has been banned since 2004, with discrimination based on "gender change" being outlawed since 2015. In July 2019, a Bulgarian court recognized a same-sex marriage performed in France in a landmark ruling. For 2020, Bulgaria was ranked 37 of 49 European countries for LGBT rights protection by ILGA-Europe. Like most countries in Central and Eastern Europe, post-Communist Bulgaria holds socially conservative attitudes when it comes to such matters as homosexuality and transgender people.
Lesbian, gay, bisexual, and transgender (LGBT) people in Romania face legal challenges and discrimination not experienced by non-LGBT residents. Attitudes in Romania are generally conservative, with regard to the rights of gay, lesbian, bisexual, and transgender citizens. Nevertheless, the country has made significant changes in LGBT rights legislation since 2000. In the past two decades, it fully decriminalised homosexuality, introduced and enforced wide-ranging anti-discrimination laws, equalised the age of consent and introduced laws against homophobic hate crimes. Furthermore, LGBT communities have become more visible in recent years, as a result of events such as Bucharest's annual pride parade, Timișoara's Pride Week and Cluj-Napoca's Gay Film Nights festival.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Iceland rank among the highest in the world. Icelandic culture is generally tolerant towards homosexuality and transgender individuals, and Reykjavík has a visible LGBT community. Iceland ranked first on the Equaldex Equality Index in 2023, and second after Malta according to ILGA-Europe's 2024 LGBT rights ranking, indicating it is one of the safest nations for LGBT people in Europe. Conversion therapy in Iceland has been illegal since 2023.
Danish lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are some of the most extensive in the world. In 2023, ILGA-Europe ranked Denmark as the third most LGBTQ-supportive country in Europe. Polls consistently show that same-sex marriage support is nearly universal amongst the Danish population.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Cyprus have evolved in recent years, but LGBTQ people still face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity were decriminalised in 1998, and civil unions which grant several of the rights and benefits of marriage have been legal since December 2015. Conversion therapy was banned in Cyprus in May 2023. However, adoption rights in Cyprus are reserved for heterosexual couples only.
Lesbian, gay, bisexual and transgender (LGBT) individuals in the Republic of the Philippines have faced many difficulties in their homeland, such as prejudice, violence, abuse, assault, harassment and other forms of anti-LGBT rhetoric. Many LGBT Filipinos are met with mixed attitudes and reactions by their families, friends and others in their communities, as well as professionals, educators, their national public officials, politicians, attorneys and others working for the government and the rest of the general population.
Lesbian, gay, bisexual and transgender (LGBT) people in Georgia face severe challenges not experienced by non-LGBT residents. However, Georgia is one of the few post-Soviet states that directly prohibits discrimination against all LGBT people in legislation, labor-related or otherwise. Since 2012, Georgian law has considered crimes committed on the grounds of one's sexual orientation or gender identity an aggravating factor in prosecution. The legislative ban on discrimination has been enacted as a part of the Government efforts to bring the country closer to the European Union and make the country's human rights record in line with the demands of Georgia's European and Euro-Atlantic integration.
Lesbian, gay, bisexual, and transgender (LGBT) people in Moldova face legal and social challenges and discrimination not experienced by non-LGBTQ residents. Households headed by same-sex couples are not eligible for the same rights and benefits as households headed by opposite-sex couples. Same-sex unions are not recognized in the country, so consequently same-sex couples have little to no legal protection. Nevertheless, Moldova bans discrimination based on sexual orientation in the workplace, and same-sex sexual activity has been legal since 1995.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Slovenia have significantly evolved over time, and are considered among the most advanced of the former communist countries. Slovenia was the first post-communist country to have legalised same-sex marriage, and anti-discrimination laws regarding sexual orientation and gender identity have existed nationwide since 2016.
Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Nepal have expanded in the 21st century, though much of Nepal's advancements on LGBT rights have come from the judiciary and not the legislature. Same-sex sexual acts have been legal in Nepal since 2007 after a ruling by the Supreme Court of Nepal.
The Blue Diamond Society is an LGBT rights organization in Nepal. It was established in 2001 to advocate for change in the existing laws against homosexuality and to advocate for the rights of Nepal's marginalized gay, transgender, and other sexual minority communities. The Blue Diamond Society also aims to educate Nepalese society on proper sexual health, to advocate with local governments for queer minorities, to encourage the artful expression of LGBTQ+ youth, and to document violence against Nepalese queers. Another of its contributions to Nepal's LGBTQ+ communities is to provide care, counseling, and services to victims of HIV/AIDS. The BDS has also recorded various abuses against the community ranging from physical and verbal abuse and discrimination inflicted in workplaces and healthcare facilities.
Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Homosexuality in Yugoslavia was first decriminalized in the Socialist Republics of Croatia, Slovenia, Montenegro and the Socialist Autonomous Province of Vojvodina in 1977. In other regions anti-LGBT legislation was, to varying degrees, progressively not implemented. The capital city of Belgrade, together with Zagreb and Ljubljana, became some of the first spots of an organized LGBT movement in the Balkans.
The following outline offers an overview and guide to LGBTQ topics:
Denis Zvizdić is a Bosnian politician who served as Chairman of the Council of Ministers of Bosnia and Herzegovina from 2015 to 2019. He has been serving as member of the national House of Representatives since 2019. He also served as Premier of Sarajevo Canton from 2003 to 2006.
Svetlana Đurković, also spelled Svetlana Durkovic, is a Bosnian-American feminist, anthropologist and LGBTIQ human rights activist known as a co-founder of Organization Q, the first LGBTQIA organization in Bosnia and Herzegovina. She has worked to eradicate discrimination based on sexual orientation and gender identity in Bosnia and Herzegovina. As of 2018, she lives and works in Maryland, and Washington, D.C.
Queer Sarajevo Festival was the first public queer festival in Bosnia and Herzegovina, organized by Organization Q in September 2008 in Sarajevo. The Festival is remembered as the first public coming out of LGBT*IQA persons in BiH. It became the center of interest of Bosnian-Herzegovinian, regional and international public and media after the escalation of violence against Festival participants and journalists on the day of the opening. The Festival was closed for the public two days after its opening, due to counter-reactions of general public, political representatives and as the organizers, journalists and Festival participants had been physically attacked by Islamic religious extremists and nationalists.
The human rights record of Bosnia and Herzegovina has been criticised over a number of years by intergovernmental organisations including the United Nations Human Rights Council, the European Court of Human Rights and the Organisation for Security and Co-operation in Europe, as well as international and domestic non-governmental organisations such as Human Rights Watch and Amnesty International. The government of Bosnia and Herzegovina has been criticised for ethnic and religious discrimination in its treatment of ethnic and religious minorities such as the Romani people and the Jewish people. The government has also been criticised for its treatment of Internally Displaced Persons following the Bosnian War and its failure to provide asylum seekers with resources such as food, shelter and medical assistance. According to BH Novinari, the Bosnian Journalists’ Association, freedom of the media is an issue in Bosnia and Herzegovina, with journalists facing attacks, threats and pressure from government. Human rights non-government organisations have also reported interference in their work from the government. The Bosnian government has been criticised by the European Union for its slow response to domestically prosecute war crimes from the Bosnian War following the closure of the International Criminal Tribunal for the Former Yugoslavia in December 2017.