The family, as a
fundamental social institution, occupies a central place in the structure of
every society, serving as the basic unit for reproduction, socialization,
emotional support, and economic stability. In Bosnia and Herzegovina, a country
still recovering from the devastating consequences of the wars of the 1990s,
the status and protection of the family are vital for preserving social
cohesion and promoting sustainable development. In particular, the legal
framework surrounding family protection must be analyzed in terms of the
challenges of implementing both international and national legal standards,
especially in the areas of family rights and domestic violence prevention.
Family law, which encompasses both international norms and national laws, plays
a crucial role in protecting the rights and interests of families, especially
in a context marked by ethnic differences, economic challenges, and political
instability. It is essential to examine how these legal standards are applied
in practice, considering the socio-economic difficulties and institutional
weaknesses that families face in Bosnia and Herzegovina. It is essential to
analyze how international norms and national laws affect the rights of families
in Bosnia and Herzegovina, identifying key challenges and proposing possible
solutions to improve their position.
The family is undoubtedly a social group with social
goals and functions, subject to social rules, laws, and conventions. The
societal need to transmit basic principles on which a particular society is
based, to future generations, and to protect and equip it for human existence
explains the universal prevalence of the family throughout human history. For
these reasons, the family has never been merely a private matter of the
individuals comprising it; rather, it has always existed as a socially and
legally regulated human construct, encouraged and considered socially desirable
in all societies. In Bosnia and Herzegovina, this regulation is especially
critical, as the family serves as the cornerstone for rebuilding social
cohesion in the aftermath of war. The family is a specific social group because
it is also biologically determined, unlike other social groups that are not.
Therefore, the family is also created in line with the biological laws of
reproduction and based on the blood relationship between its members.[1]
1.
THEORETICAL
FRAMEWORK
1.1. Definition of family in a legal sense
In
contemporary legal systems, definitions of family are rare because it is
difficult to legally define a concept that is not static and influenced by
numerous factors outside the legal domain. Family, as defined in the Family Law
of the Federation of Bosnia and Herzegovina, is a life community of parents and
children and other blood relatives, relatives by affinity, adopters and
adoptees, and persons in a non-marital union if they live in a common
household.[2]
However, it is important
to emphasize that legal definitions of family, while providing a necessary
framework, must also consider the socio-cultural and economic context in which
they are applied. The legal system of Bosnia and Herzegovina faces challenges
in implementing these definitions due to varying interpretations at different
levels of governance and the lack of harmonization between national and international
legal standards.
In social theory,
definitions of family are, on the contrary, frequent and varied, but legal
writers most often define family descriptively (by listing the members that
constitute the family) or operationally (by listing the functions that the
family typically performs). Thus, for example, family is defined as “persons
bound by marriage and kinship,”[3]
as “a circle of persons bound by marriage (or non-marital union) and kinship, between whom there are
legally established rights and duties, the violation of which entails certain
legal sanctions,”[4]
as “a circle of relatives who have mutual rights and duties established by law,”[5]
as a community of a narrower or wider circle of individuals bound together by
numerous ties, primarily by the community of life and kinship, between whom
there are certain rights and obligations provided by law, morality, custom, or
religion. The most significant functions of the family are reproductive,
economic, educational, protective, and psychological-emotional.[6]
Similarly, family is defined in foreign legal literature as “the basic social
unit typically consisting of a husband and wife and their children,”[7]
or “the family, depending on its geometry, which is variable, has an economic,
political, social, and moral role.”[8]
These broad definitions,
while useful in theory, must be applied critically in the legal context of
Bosnia and Herzegovina. The diverse legal and cultural backgrounds of the
country’s population demand a more nuanced understanding of the family unit,
particularly in the implementation of laws aimed at protecting family rights.
As such, definitions do
not allow for distinguishing between what is essential and universal in the
family from what changes under the influence of socio-historical changes; we
have presented elements based on which it is possible to determine the
universal characteristics of the family as a kind of social group.[9]
1.2. Overview of Basic Principles Regulating the Status of the
Family in International Law
International
law recognizes the family as the basic unit of society and emphasizes its vital
role in preserving and protecting human rights. There are several key
international documents and principles regulating the status of the family in
international law, including rights and protections related to the family.
These principles include:
Right to family.
In international documents, this right includes the ability of individuals to
enter into marriage based on their free and full consent and the right to establish
and maintain family relationships.[10]
Protection of the family.
International law requires states to protect the family. This includes the
obligation of states to provide legal and social protection for families, as
well as special protection for families in situations of vulnerability, such as
those affected by conflicts, migration, or poverty.[11]
Children’s rights.
The United Nations Convention on the Rights of the Child specifically
emphasizes the rights of children within the family context. This includes the
right to live within a family, the right to protection from violence and
neglect, as well as the right to care and education by the family.[12]
Prohibition of domestic
violence. The European Convention on Human Rights underscores
the importance of protecting individuals, especially women and children, from
domestic violence. It emphasizes states’ obligation to establish laws and
policies that protect victims and prevent domestic violence, highlighting
responsibility for prevention, investigation, and prosecution of perpetrators
of violence.[13]
Migrant and refugee
families. Relevant international documents such as the Geneva
Convention relating to the Status of Refugees and its Protocol, as well as
various United Nations (UN) and Council of Europe documents, extensively
address the rights of migrants and refugees, including the rights of their
families. These documents oblige signatories to ensure rights to family
reunification, access to legal aid, healthcare, education for migrant and
refugee children, and protection from violence and abuse.
Right to privacy and
family life. The right to respect for family and
private life is a fundamental right protected in international law, including
the European Convention on Human Rights. This includes protection against
arbitrary or unlawful interference in family life by the state.[14]
While these principles
are integral to the protection of family rights globally, their application in
Bosnia and Herzegovina presents unique challenges. The country’s fragmented legal
and political system complicates the consistent implementation of these
international standards, often leading to disparities in family protection
across different regions. A critical analysis of how these international
principles are integrated into national law is necessary to address these
discrepancies.
2.
SIGNIFICANCE
OF FAMILY IN SOCIETY
The
family holds fundamental significance in society for several reasons, serving
as the basic unit for socialization, emotional support, and economic stability.
Its influence extends through generations and encompasses a wide range of
functions and roles within the community. However, the practical implementation
of family support mechanisms in Bosnia and Herzegovina is hindered by
socio-economic challenges, weak institutional frameworks, and the country’s
fragmented political structure.
Here are several key aspects illustrating
the significance of the family in society:
2.1. Socialization and Upbringing,
Protection, and Care
Social
upbringing and prevention within the family are crucial in preventing social
and problematic behaviors. The family, as the basic social unit, is the
foundation for developing effective preventive programs that reduce risks and
strengthen protective factors for the healthy development of youth.[15]
In Bosnia and Herzegovina, the absence of adequate social services and support
structures for families—particularly those affected by poverty, unemployment,
or post-conflict trauma—makes it difficult to implement effective preventive
programs. The family can be a source of risk, such as parental depression and
conflicts, but also of protection, through clear rules, support, and positive
communication.[16]
Family resilience, or the ability to adapt to adverse situations, plays an
important role in protection.[17]
Given the high rates of unemployment and economic instability in the country,
families often struggle to provide the necessary support for children and
youth, which can lead to an increase in social problems
Developmental advantages,
including family support and boundary-setting, are crucial for young people.[18]
Social pedagogues are central in identifying risk and protective factors and in
conducting preventive programs. Active involvement of the family and parental
cooperation are essential for the success of these interventions.[19]
2.2. Economic Stability
and Support
The
economic aspect of the family plays a crucial role, acting as an economic unit
that shares resources and provides financial support. Through joint management
of income and expenses, families achieve economic security and vary in
consumption of goods, especially between developed and developing countries. In
Bosnia and Herzegovina, families face significant economic challenges,
including high unemployment rates and the migration of young people in search
of better opportunities. These economic differences stimulate migration and
changes in family structures, with technology and economic consumerism
influencing the formation of new family models and communities, changing social
bonds and relationships.[20]
The economic instability in Bosnia and Herzegovina particularly affects rural
families and those in lower socio-economic brackets, often leading to
intergenerational poverty.
2.3. Preservation of Heritage
The
family plays a crucial role in preserving cultural heritage and transmitting
identity across generations. This role is particularly significant in
maintaining linguistic, religious, and cultural traditions that shape social
and individual identity. In Bosnia and Herzegovina, where ethnic and religious
identity play a central role in society, families are often responsible for
maintaining traditions that foster social cohesion. However, post-conflict
fragmentation and economic migration have disrupted this role, weakening
intergenerational ties and cultural transmission. Families raise future generations
of citizens, leaders, and workers, directly influencing the social, economic,
and political development of the community. Healthy and functional families
contribute to the creation of a stable and cohesive society.[21]
Yet, without adequate institutional support and legal protection, families face
difficulties in fulfilling these roles, particularly in the context of domestic
violence and economic hardship.
3.
STATUS OF FAMILY IN INTERNATIONAL LAW
International law and
organizations play a crucial role in protecting family rights, promoting their
well-being, and ensuring the foundation for a stable and healthy society. Legal
documents such as the Universal Declaration of Human Rights (UDHR), the International
Covenant on Civil and Political Rights (ICCPR), the International Covenant on
Economic, Social and Cultural Rights (ICESCR), and the Convention on the Rights
of the Child (CRC), along with the work of the United Nations (UN) and the
Council of Europe, provide the basis for preserving and advancing family rights
at the global level. However, the implementation of these international norms
in Bosnia and Herzegovina is met with numerous challenges, including legal
fragmentation, socio-economic barriers, and weak institutional capacities.
The Universal Declaration
of Human Rights (UDHR) of 1948 represents the cornerstone of international
human rights law, emphasizing the right of men and women to marry and found a
family without any restrictions based on race, nationality, or religion
(Article 16). The Declaration also underscores that the family is entitled to
social and state protection as the fundamental social unit.[22]
In Bosnia and Herzegovina, while these principles are incorporated into the
legal framework, the practical enforcement of these rights varies across
entities and regions, leading to inconsistencies in the protection of family
rights.
The International
Covenant on Civil and Political Rights (ICCPR), adopted in 1966, in its article
23, obliges states to recognize the family as the natural and fundamental group
unit of society. The ICCPR guarantees the right to marriage and family
protection, requiring member states to take all necessary measures to protect
these rights.[23]
The family, as the natural and fundamental unit of society, deserves protection
from the state and the community. The right of men and women who have reached
the age of marriage to found a family is recognized and indisputable. Marriage
can only be entered into with the free and full consent of both parties.[24]
In Bosnia and Herzegovina, although the right to marriage is legally protected,
social and economic barriers often impede the realization of this right,
particularly in rural areas where access to legal services and family support
mechanisms is limited.
The International
Covenant on Economic, Social and Cultural Rights (ICESCR), also from 1966,
although not directly addressing family rights, supports family stability by
promoting economic, social, and cultural rights, including the right to
housing, health, and education, all of which are key factors in preserving
family well-being.[25]
In Bosnia and Herzegovina, these economic and social rights are crucial for
ensuring family stability, yet the country faces significant challenges in
ensuring equal access to these rights, particularly for marginalized groups.
Economic instability and high unemployment rates hinder the state’s ability to
fully comply with its obligations under the ICESCR.
The Convention on the
Rights of the Child (CRC), adopted in 1989, specifically focuses on the rights
and protection of children within the family context. The Convention recognizes
the important role of the family in safeguarding and promoting children’s
rights, emphasizing the need for states to respect and protect them within the
family environment.[26]
Bosnia and Herzegovina has ratified the CRC, but the implementation of child
protection mechanisms, especially in cases of family breakdown or domestic
violence, remains inconsistent. Insufficient resources and institutional
weaknesses further complicate efforts to fully protect children’s rights as
outlined in the CRC.
The Council of Europe
also plays a significant role in promoting and protecting family rights,
particularly through the European Convention on Human Rights (ECHR). Article 8
of the ECHR protects the right to respect for private and family life, directly
contributing to the protection of family rights.[27]
However, Bosnia and Herzegovina faces challenges in ensuring the consistent
application of these protections across its fragmented political and legal
landscape. Cases of interference in family life, particularly in the context of
domestic violence or child custody disputes, often reveal gaps in the
enforcement of Article 8 protections.
Bosnia and Herzegovina is
formally committed to upholding the international standards for family rights
protection, but the practical application of these norms is hindered by the
country’s socio-political complexities and institutional limitations. Addressing
these gaps requires not only legal reforms but also stronger institutional
support and better coordination between state and entity-level institutions.
4.
STATUS OF FAMILY IN NATIONAL LAW OF BOSNIA AND HERZEGOVINA
4.1.
Constitutional Protection of the Family
The position of the
family in the Constitution of Bosnia and Herzegovina, particularly within
Article II concerning human rights and fundamental freedoms, is emphasized
through the right to marriage and founding a family. This right is one of the
key human rights and freedoms guaranteed to all individuals within the
territory of Bosnia and Herzegovina. Furthermore, the right to private and
family life, home, and correspondence further solidifies the fundamental role
of the family in society, emphasizing its significance and the need for
protection.[28] Under
international standards and conventions that are directly applicable in Bosnia
and Herzegovina and have precedence over domestic legislation, these provisions
ensure a high level of protection for family rights. However, despite this
constitutional protection, the practical implementation of these rights varies
significantly across the country, with disparities in the quality and
accessibility of family protection services between urban and rural areas, as
well as between different entities. Additionally, the presence of various
international conventions that Bosnia and Herzegovina applies, including those
related to children’s rights and protection from discrimination against women,
further confirms the state’s obligation to protect and promote family rights as
the basic unit of society.[29]
4.2. Position of
the family in the Family Law of the Federation of Bosnia and Herzegovina
Based on the Family Law
of the Federation of Bosnia and Herzegovina, the family is recognized as the
fundamental unit of society, and the law prescribes a wide range of rules
regulating family relations, marriage, parenthood, adoption, guardianship, as
well as the rights and duties of family members. In the first part of the law,
which pertains to basic provisions, the significance of the family and its
members in the Federation of Bosnia and Herzegovina is emphasized, with a
special focus on protecting the interests and welfare of children. However,
despite these comprehensive provisions, challenges remain in terms of effective
enforcement, particularly in areas related to domestic violence and child
protection. Weak institutional capacities, lack of coordination between social
services, and insufficient resources hinder the full implementation of family
protection measures. According to this Law, a family is defined as a living
community of parents and children and other relatives, adopters and adoptees,
and persons from a non-marital union if they live in a common household
(Article 2). The basic values underlying family life include
protection of the privacy of family life, equality, mutual assistance and
respect among family members, and especially the obligation of parents to
ensure the protection of the interests and welfare of the child (Article 2). In
practice, however, many families face difficulties in accessing the necessary
legal and social support, especially in remote and economically disadvantaged
areas. Marriage is defined as a legally regulated union of life between a woman
and a man (Article 6), and the rights and duties of spouses include equality in
marriage, fidelity, mutual respect and assistance, and mutual decision-making
on essential issues such as childbirth and raising children (Article 30).
Parent-child relationships encompass the rights and duties arising from
motherhood and fatherhood, including provisions on recognition of paternity and
maternity, and procedures for establishing and challenging paternity and
maternity (Articles 53-86). Adoption is specifically regulated as a form of
legal protection of children without parental care, with detailed conditions
and procedures for establishing adoption, whether full or incomplete (Articles
91-107).[30]
4.3. Position of
the Family in the Family Law of Republika Srpska
The Family Law of
Republika Srpska, through its detailed provisions, establishes solid
foundations for protecting and promoting the family, emphasizing its importance
as the fundamental unit of society. Like the Federation of Bosnia and Herzegovina,
Republika Srpska has created a strong legal framework, but gaps in enforcement
remain a major issue. In Article 2, the law defines the family as a community
of life involving parents, children, and other relatives, highlighting the
broad scope of family relationships covered, including marriage, parenthood,
guardianship, and support. Article 38 emphasizes the equality of spouses in
marriage, laying the groundwork for joint decision-making on raising and
educating children, thus fostering unity and mutual support within the family.
This article explains how spouses should agree in regulating their
relationships and collaborate on family matters, fostering harmony and
stability. Although the law promotes equality and joint decision-making, in
practice, traditional gender roles and socio-cultural norms often restrict
women’s ability to fully exercise their rights within the family. The law also
emphasizes the rights and responsibilities of parents toward their children.
Article 80 details parents’ obligations to care for the life, health,
upbringing, education, support or maintenance, representation, and management
of their minor children’s property.
4.4. Position of
the Family in the Family Law of the Brčko District of Bosnia and
Herzegovina
The Family Law of the
Brčko District of Bosnia and Herzegovina places the family at the center
of its norms, emphasizing it as the fundamental unit of society enjoying
special protection. The law defines the family as the life community of parents
and children and other relatives, highlighting the importance of protecting the
privacy of family life, equality, mutual assistance, and respect among family
members, as well as the obligation of parents to ensure the protection of the
interests and well-being of the child (Article 2). One of the key aspects of
this law is its focus on domestic violence, which is strictly prohibited,
emphasizing zero tolerance for any form of violence (Article 3). Although this
legal framework is strong, enforcement remains a challenge, with many victims
of domestic violence reluctant to report incidents due to social stigma and a
lack of trust in the legal system. This reflects the District’s commitment to
creating a safe and supportive environment for all family members. The law also
regulates family relationships in detail through marriage and non-marital
cohabitation, setting clear definitions and conditions for their formation
(Articles 4 and 5), as well as conditions for marriage (Article 6), emphasizing
the importance of the free decision of men and women to enter into marital
union based on equality, mutual respect, and assistance. In practice, there are
still significant barriers to achieving gender equality within family
relationships, with cultural norms often hindering the enforcement of legal
rights. Additionally, the law provides for special procedures and conditions
for adoption, including rules ensuring that adoption is solely in the interest
of the child, and sets different conditions for full and incomplete adoption,
including age limits and the citizenship of adoptive parents (Articles 76-87).
Through this law, the Brčko District of Bosnia and Herzegovina promotes
the family as the foundation of society, while protecting the rights and
interests of all its members, especially children, through detailed regulation
of family relationships, adoption, and protection from domestic violence.[31]
5.
IMPLEMENTATION OF INTERNATIONAL OBLIGATIONS IN BOSNIA AND HERZEGOVINA
Bosnia and Herzegovina,
as a member state of the international community, has shown a commitment to
respecting and implementing international conventions that protect the rights
of the family. Through the ratification of key international treaties on
September 1, 1993, Bosnia and Herzegovina committed to safeguarding and promoting
the rights defined in those documents. However, the practical implementation of
these obligations has been met with numerous challenges, including weak
institutional capacities, political fragmentation, and insufficient resources.
These challenges significantly limit the state’s ability to fully comply with
its international commitments, particularly in the areas of protecting family
and children’s rights.
5.1. Universal
Declaration of Human Rights (UDHR)
Although the UDHR is not
a legally binding document, its principles serve as the foundation for
international human rights law. Bosnia and Herzegovina, as a member of the
United Nations, recognizes and strives to respect the rights enshrined in the
UDHR, including the rights of the family. However, the lack of comprehensive
enforcement mechanisms at the national level means that many families,
particularly those in vulnerable communities, do not fully benefit from the
protections envisioned in the UDHR.
5.2. International
Covenant on Civil and Political Rights (ICCPR) and International Covenant on
Economic, Social and Cultural Rights (ICESCR)
Bosnia and Herzegovina
has ratified both of these covenants, thereby committing to respecting and
protecting the rights of the family as defined in these documents. This
includes marriage rights, founding a family, housing, health care, and
education. Despite this formal commitment, the country’s fragmented legal and
political structure hampers the consistent implementation of these rights.
Unequal access to healthcare and education, particularly in rural and
marginalized communities, reveals significant gaps between the legal
obligations and practical realities. Implementing these rights requires Bosnia
and Herzegovina to adopt national laws and policies that are in line with the
standards outlined in the covenants. However, political instability and limited
coordination between different levels of government further complicate the
process of aligning national policies with international standards.
5.3. Convention on
the Rights of the Child (CRC)
The Convention on the
Rights of the Child is especially important for Bosnia and Herzegovina, which
has ratified it, committing to protect and promote children’s rights. The
country aims to implement the CRC’s provisions through its legal and
institutional systems, including safeguarding children’s rights within families
and encouraging the family’s role in protecting them. However, there are still
major challenges in effectively enforcing these rights, especially in cases of
domestic violence, child labor, and access to education. Many children in
Bosnia and Herzegovina, particularly those from disadvantaged backgrounds,
continue to face obstacles in fully exercising their rights.
Today, Bosnia and
Herzegovina aims to align its legal framework with international standards in
family law through legal and institutional reforms. However, these efforts are
often hindered by socio-economic challenges, a lack of political commitment,
and weak enforcement mechanisms. Additional legal reforms are necessary to
enhance institutional capacity and ensure that international obligations are
more than mere formalities. Better coordination between national and
entity-level institutions, along with increased financial and human resources,
is crucial to bridging the implementation gaps.
6.
CHALLENGES IN PROTECTING FAMILY RIGHTS
Protecting family rights
in Bosnia and Herzegovina faces numerous challenges stemming from social,
economic, and legal issues characteristic of post-conflict societies undergoing
transition. The fragmented political system and complex governance structure
further complicate the consistent application of family protection laws across
different regions and entities. Additionally, the lack of coordination between
relevant institutions, such as social services and law enforcement, creates
gaps in providing comprehensive protection for vulnerable families.
Social Challenges:
One of the social challenges is societal fragmentation. The consequences of war
persist in Bosnian society, including ethnic tensions and division, which
affect social cohesion and support mechanisms for family protection.[32]
Additionally, there are demographic changes and ongoing migrations. Migration,
particularly the departure of young and educated individuals in search of
better living standards, leads to population aging and a reduction in the
working-age population, adding pressure to social services. Approximately
170,000 individuals left Bosnia and Herzegovina in 2022, and nearly half a
million citizens have emigrated from BiH since 2013. These statistics are from
research conducted by the Union for Sustainable Return and Integration of BiH.[33]
The continuous emigration and demographic decline severely weaken family
structures, particularly in rural areas, where entire communities are left
without young people to sustain them.
Economic Challenges:
High unemployment rates are one of the main problems directly affecting the
economic stability of families and their ability to meet basic needs. According
to the report from the Bosnia and Herzegovina Agency for Statistics, the
unemployment rate stands at 36.6% based on the labor force.[34]
This economic instability disproportionately affects vulnerable families,
particularly single-parent households and families in rural areas, where access
to employment and social services is limited. Without significant economic
reforms, the cycle of poverty will continue to negatively impact family
structures, limiting access to education, healthcare, and social protection.
Legal and Security
Challenges: Although laws are often comprehensive on paper,
their implementation in practice is often lacking due to limited resources, lack
of coordination among entities and districts, and generally weak institutional
capacities. The lack of adequate monitoring mechanisms and inter-agency
cooperation further complicates the enforcement of laws, particularly in cases
of domestic violence. Many victims of violence do not receive the necessary
legal protection due to procedural delays, lack of shelters, and insufficient
legal assistance.
Protection from Domestic
Violence: Although laws against domestic violence have been
adopted, the challenge remains in their effective implementation, protecting
victims, and sanctioning perpetrators. According to data for the year 2022, the
number of reported cases of violence against women is 2,063, while the number
for men is 15,559. The number of accused women is 728, compared to 8,116 men.
Moreover, the number of convictions for violence against women is 680, while
for men it is 7,649.[35]
Despite these statistics, many cases of domestic violence remain unreported due
to societal stigma, fear of retribution, and distrust in the legal system.
Victims, particularly women, often lack access to safe houses or psychological
support, further exacerbating the problem.
In the following table,
we will present the number of murders in BiH, events that contribute to the breakdown
of families.
Table 1: Homicide statistics in BiH[36]
|
2019
|
2020
|
2021
|
2022
|
|
Men
|
Women
|
Men
|
Women
|
Men
|
Women
|
Men
|
Women
|
|
32
|
10
|
38
|
5
|
25
|
7
|
22
|
12
|
Homicide statistics in BiH reflect the serious impact
of violence on families and the need for more effective measures to prevent
such tragedies. Domestic violence is legally defined as any behavior by one
family member that endangers the physical integrity, mental health, or tranquility
of another family member.[37]
Such violence is punishable both in domestic and international courts. It is
possible to seek protection for rights violated due to domestic violence in
international courts as well. As an example, we mention the case of Opuz v.
Turkey.[38]
However, relying on international courts highlights the weaknesses of the
domestic legal system in addressing cases of domestic violence in a timely and
effective manner.
6.1.
Recommendations for Improving Family Rights Protection in Bosnia and
Herzegovina
Protecting family rights
in Bosnia and Herzegovina requires a comprehensive approach to address the
aforementioned challenges effectively. In the following text, we provide
several recommendations that could help address the aforementioned challenges:
Strengthening Social
Cohesion: Promote programs and initiatives aimed at enhancing
interethnic dialogue and cooperation, as well as the development of joint
projects that could help overcome existing divisions. Involving civil society
organizations, religious communities, and local media can be crucial in this
process. Institutions such as the Interreligious Council exist; however, due to
the politics of the Orthodox Church, its functioning is hindered. Interethnic
cooperation should also be supported through government initiatives aimed at
reducing societal divisions and building trust in state institutions.
Support for Young and
Educated Individuals: Developing programs to retain and attract
young and educated individuals to Bosnia and Herzegovina is crucial. It is
necessary to improve employment opportunities, support entrepreneurship, and
ensure quality education and professional development. Without targeted
policies that offer financial incentives and career opportunities, the
emigration trend will likely continue, further weakening family structures. The
currently available support is not sufficient for significant changes. The
majority of young people live with their parents (over 80%) and siblings
(34.8%), while a smaller portion (17.3%) live with partners, usually after
completing their education and finding employment. Approximately 11.9% of young
people live with their grandparents. Societal changes have reduced the number
of three-generation families, with a predominance of two-generation structures
now. Most young people (47.5%) live in households with three members, and 38.5%
live in households with four members, indicating that family structure in
Bosnia and Herzegovina still relies on traditional values.[39]
Active Employment
Measures: It is necessary to increase access to employment and
vocational training programs, with a particular focus on sectors crucial for
the country’s economic development. Additionally, efforts should be made to
reduce the unemployment rate by encouraging the private sector and investing in
new technologies. In February 2024, the Employment Institute of FBiH announced
calls for supporting young entrepreneurs; however, these activities are insufficient
according to the needs on the ground. More comprehensive, long-term policies
should focus on providing sustainable employment opportunities for both young
individuals and vulnerable families, with special attention given to
marginalized communities.
Improvement of Legal
Infrastructure and Enforcement: Establish clear
mechanisms for monitoring and evaluating the effectiveness of existing laws,
with a special emphasis on those related to family protection and combating
domestic violence. This includes ensuring adequate resources for institutions
dealing with these issues and providing training for professionals working in
the field. Improving legal infrastructure must also involve better coordination
between law enforcement, social services, and the judiciary to ensure that
victims of violence receive timely protection and support.
Support for Victims of
Domestic Violence: In Bosnia and Herzegovina, support for
victims encompasses comprehensive programs, including safe houses,
psychological and legal assistance, and mechanisms for reporting violence.
There are nine safe houses in the country with 173 accommodation places,
managed by various non-governmental organizations. Most beneficiaries of these
houses, who are often economically dependent, are between the ages of 25 and
35. It is significant to note that violence is not limited to partners but also
includes other family members.[40]
However, the number of shelters and services for victims remains insufficient,
particularly in rural areas, where access to legal and psychological support is
limited.
Conclusion
Family represents the
foundation of social structure, playing a crucial role in preserving and
promoting human rights, economic stability, emotional support, and
intergenerational socialization. In Bosnia and Herzegovina, a country
recovering from the consequences of war conflicts and transitional challenges,
the status of the family and the protection of its rights stand at the
crossroads of international norms, national laws, and socioeconomic
difficulties. Although Bosnia and Herzegovina has a solid legal framework that
recognizes family rights at both national and international levels, significant
gaps in implementation hinder the full realization of these rights. On the one
hand, there exists a legal framework that recognizes and protects the family at
both the international and national levels. On the other hand, the
implementation of these rights faces obstacles such as high unemployment rates,
social fragmentation, and the inefficiency of the judicial system.
Despite the existence of
legal mechanisms for protecting families, there is a clear need for further
action to ensure their full implementation. These actions should include more
efficient coordination between governmental entities and non-governmental
organizations, as well as increased financial and human resources to support
institutions tasked with protecting family rights. Recommendations include
strengthening social cohesion, supporting young and educated individuals,
implementing active employment measures, improving legal infrastructure, and
providing support to victims of domestic violence. Furthermore, international
cooperation and the exchange of best practices are crucial for improving the
current situation. In particular, Bosnia and Herzegovina must prioritize
addressing the challenges related to domestic violence and the protection of
vulnerable groups, ensuring that all citizens have equal access to legal and
social services. Bosnia and Herzegovina faces the challenge of aligning its
policies with international standards and obligations. The existing challenges
affecting the protection of family rights require an integrated approach
involving collaboration between governmental and non-governmental sectors, as
well as active citizen engagement in creating a stable and inclusive society.
The role of international
organizations, such as the United Nations and the Council of Europe, is
essential in supporting Bosnia and Herzegovina’s efforts to meet its
international obligations. Further emphasis should be placed on aligning
national policies with international conventions and ensuring that local
institutions can enforce these laws effectively. The potential for future
research lies in a deeper analysis of the impact of social, economic, and
cultural factors on family life in Bosnia and Herzegovina, as well as in the
development of more effective strategies for addressing challenges.
We emphasize the
importance of strengthening the legal and institutional framework, investing in
social programs that promote economic stability, education, and healthcare, and
particularly emphasize prevention and protection from domestic violence.
Continuous collaboration with international organizations, the exchange of best
practices, and encouraging active community participation in family support
programs are needed. In addition, the legal system must be strengthened to
provide better enforcement mechanisms and to offer victims of domestic violence
and other family-related issues faster and more reliable access to justice.
Through collective
efforts, progress can be made in improving the protection and promotion of
family rights in Bosnia and Herzegovina, thereby creating a more cohesive
society that values and supports its fundamental units.
Protecting family rights
in Bosnia and Herzegovina requires synergy between governmental and
non-governmental actors, as well as active citizen involvement in
decision-making processes. Addressing existing challenges will necessitate a
comprehensive reform of both legal and social systems, alongside increased
public awareness and advocacy efforts. Only through collective work and
dedication can significant progress be achieved in overcoming existing
challenges.
Bibliography
I. Books:
Bakić, Vojislav.
Porodično pravo u SFRJ. Savremena administracija, Beograd, 1988.
Bromley, Peter, Mann. Family Law. Butterworths,
London, 1981.
Colombet, Claude. La
famille. Presses universitaires de France, Paris,
1985.
Cvejić-Jančić, Olga.
Porodično pravo, knjiga I – Bračno pravo. Pravni fakultet u Novom
Sadu, Novi Sad, 1995.
Draškić, Marija. Porodično pravo
i prava deteta. Deveto izdanje, Pravni fakultet Univerziteta u Beogradu,
Beograd, 2015.
Đurović, Ljiljana.
Porodično pravo. Naučna knjiga, Beograd, 1988.
McCubin, H. I., Thompson, A. I., & McCubbin, M.
Family Measures: Stress, Coping, and Resiliency. Hawai: Kamehameha Schools,
2001.
Mladenović, Marko. Porodično pravo, knjiga I
i II. Privredna štampa, Beograd, 1981.
Šunjić, Vanja. Socijalno-ekonomski
uslovi zasnivanja porodice u savremenom BH društvu. Magistarski
rad, Fakultet političkih nauka, Univerzitet u Sarajevu, 2019.
II. Articles:
Benson, P. L., Scales, P. C., & Syvertsen, A. K.,
The contribution of the developmental assets framework to positive youth
development theory and practice. Advances in Child Development and Behavior, pp.
197–230. (2011). https://doi.org/10.1016/b978-0-12-386492-5.00008-7
Harper, Nevin. J., & Russel, Keith. Family
involvement and outcome in adolescent wilderness treatment. International
Journal of Child & Family Welfare, p. 1936. (2008).
Moss, Peter., & Petrie, Pat. Education and social
pedagogy: What relationship? London Review of Education, 17(3), 393–405.
(2019). https://doi.org/10.18546/LRE.17.3.13
O’Connell, Boat, & Warner. Preventing Mental,
Emotional, and Behavioral Disorders Among Young People.
Walsh, Froma. Family resilience: A developmental
systems framework. European Journal of Developmental Psychology, 42(1), 1–18.
(2016).
https://doi.org/10.1080/17405629.2016.1154035
III. Legislations:
Evropska konvencija o ljudskim pravima,
Konvencija o pravima djeteta, usvojena na
Generalnoj skupštini UN, 20. novembra 1989.
Konvencija o zaštiti ljudskih prava i
osnovnih sloboda.
Međunarodni pakt o ekonomskim,
socijalnim i kulturnim pravima, UN, 16. decembar 1966., stupanje na snagu 3. Januar
1976.
Međunarodni pakt o građanskim i
političkim pravima, UN, 16. decembar 1966., stupanje na snagu 23. mart
1976.
Porodični zakon Brčko distrikta
BiH (Službeni glasnik Brčko distrikta BiH, br. 23/2007).
Porodični zakon Federacije BiH, Službene novine
FBiH, broj 35/05 i broj 31/14.
Porodični zakon Republike Srpske (Službeni
glasnik RS, br. 17/2023).
Univerzalna deklaracija o ljudskim
pravima.
Ustav BiH, Aneks I.
Ustav Bosne i Hercegovine.
IV. Caselaw:
Case of Opuz v. Turkey, No. 33401/02, 9. juni 2009.
V. Websites:
Agencija za statistiku
BiH. (2024). Žene i muškarci. Available at: https://bhas.gov.ba/data/Publikacije/Bilteni/2024/FAM_00_2023_TB_1_BS.pdf
[accessed:2/9/2024].
Agencija za statistiku BiH. (2024). Demografija
i socijalne statitike. Available at: https://bhas.gov.ba/Calendar/Category?id=13&page=5&statGroup=13&tabId=0
[accessed:
2/9/2024].
Slobodna evropa, BiH u
2021. godini napustio grad veličine Banjaluke. Available at: https://www.slobodnaevropa.org/a/bih-odlazak-porodice/31629794.html
[accessed:
2/9/2024].
Sarajevski otvoreni
centar. Sigurne kuće u BiH. Available at: https://soc.ba/sigurne-kuce-u-bosni-i-hercegovini
[accessed: 2/9/2024].
Međunarodni
krivični sud za bivšu Jugoslaviju – Bosna i Hercegovina: broj mrtvih. Available
at: http://www.icty.org/sid/10591
[accessed: 2/9/2024].
Žiga, i drugi (2015). Studija
o mladima u Bosni i Hercegovini. Friedrich-Ebert-Stiftung (FES), Sarajevo,
BiH. Available
at: https://soc.ba/sigurne-kuce-u-bosni-i-hercegovini
International 
المجلة
الدولية
للقانون