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Final Report BOSNA I HERCEGOVINA БОСНА И ХЕРЦЕГОВИНА Institucija ombudsmena/ombudsmana Институција омбудсмена/омбудсмана za ljudska prava за људска права Bosne i Hercegovine Босне и Херцеговине The Institution of Human Rights Ombudsman of Bosnia and Herzegovina ___________________________________________________________________________________________________________ Protocol no.: Oi – K – 08/19 Date: 14th January 2019 Information on implementation of the UN Convention on the Rights of the Child in Bosnia and Herzegovina from aspect of the Ombudsman of Bosnia and Herzegovina I – INTRODUCTION On 24 November 2017 the Institution of Human Rights Ombudsman of Bosnia and Herzegovina was re-accredited in status "A" by the Global Alliance of Human Rights Institutions (GANHRI), which means that it functions according to the Paris Principles. Since the beginning of its functioning the Ombudsman has been holding the accreditation status "A". Pursuant to the Law on Human Rights Ombudsman of BiH1 in June 2009 its Department for the protection of the rights of the child started functioning. In addition to processing the individual complaints, the Department takes a series of the activities aimed at the promotion and the protection of the rights of children and monitoring and implementation of the international standards in the area of the rights of the child, and harmonization of the domestic legislation with these standards. As part of its work, the Department for Children carries out educational workshops with children in primary and secondary schools and centers earmarked for children living and/or working in the street on their basic rights in accordance with the Convention on the Rights of the Child as part of the activities called "Ombudsman at Your School". With this activity, the Department for the rights of the child provides training to the children about the importance of school management and teaching staff, the role of child participation in schools and the participation of children in the creation and editing of student publications related to the rights of the child. Department for the protection of the rights of the child, in cooperation with international and non- governmental organizations, is a partner in the implementation of the online discrimination reporting platform in Bosnia and Herzegovina, where the Department is dealing with child discrimination complaints. In this Submission the Institution of Human Rights Ombudsman of Bosnia and Herzegovina is going to indicate to the key problems and concerns in the area of the rights of the child, but also the positive examples implemented in the protection and advancement of the rights of the child based on the work of the specialized Department for the protection of the rights of the child operation within the Ombudsman of Bosnia and Herzegovina (BiH) and previously issued recommendations for the improvement of the implementation of the Convention on the Rights of the Child in Bosnia and Herzegovina. 1 ("Official Gazette of Bosnia and Herzegovina”, no. 32/00, 19/02, 34/05 and 32/06) Seat/Sjedište institucije – Akademika Jovana Surutke 13, 78000 Banja Luka, BiH ; Tel/Fax: +387 51 303 992; e-mail: [email protected] Regional Office/Područni ured – Dubrovačka 6, 71000 Sarajevo, BiH; Tel: +387 33 666 006 Fax: +387 33 666 007; e-mail: [email protected] Regional Office/Područni ured – Kneza Višeslava b.b., 88000 Mostar, BiH; Tel/Fax: +387 36 334 248; e-mail: [email protected] Regional Office/Područni ured – Trg mladih 8/1, 76000 Brčko, BiH; Tel/Fax: +387 49 217 347; e-mail: [email protected] Field Office/Terenski ured – Gabrijela Jurkića bb, 80100 Livno, BiH; Tel: +387 34 201 911 Fax: +387 34 203 237; e-mail: [email protected] II – GENERAL OBSERVATIONS Based on the data collected while processing complaints lodged by the citizens and the cases opened ex officio, Ombudspersons have established that in respect of harmonization of the domestic legislation with the UN Convention on the Rights of the Child, compared to the previous reporting period2, a lot of progress was made, that is, legislation governing some areas in child rights protection was adopted. However, a general opinion of the Ombudsman is that the rights of the child are not a priority to the relevant authorities in Bosnia and Herzegovina and the difficult material situation in Bosnia and Herzegovina is particularly grave for the children (directly and indirectly), in particular taking into consideration the globalization trends, family crisis and changes in value system. In the opinion of the Ombudsman, the competent authorities should continue to work on harmonization of the legislation with the Convention, which is a lengthy and complex process, with exceptions to the rule being necessary, but what needs to be insisted on is that the way these exceptions are defined, applied and monitored must be precisely and clearly defined by the legislation. III – POSITIVE ASPECTS In 2015 the Action Plan for Children 2015-20183 was adopted, which emphasizes the specific goals, such as the improvement of the legal framework in Bosnia and Herzegovina policies, strategies, coordination and reporting with a view to better implementation of the general measures under the Convention on the Rights of the Child; improvement of the environment for the implementation of the general principles of the Child Rights Convention regarding non-discrimination, best interest of the child and respect for the child's opinion; ensuring the conditions for the full application of civil rights and freedoms of children and the establishment of specific mechanisms for the protection of rights and freedoms; the promotion of child protection mechanisms and the strengthening of awareness for the prevention and suppression of violence against children; strengthening the capacity of families and the overall social environment for social and health care, as well as education, to implement the rights of children deprived of their family environment; providing a mechanism for the implementation of the protection of children with disabilities and the overall protection of children and their living standards, system of education and training to enable fair and accessible development of the child/the student’s potentials through high quality, specifically tailored and comprehensive services, provision of protection mechanisms for vulnerable groups with special care dedicated to children refugees, migrants, street children, children in conflict with the law and other children. In 2018 the Guidelines for the Establishment of the Best Interest of the Child were prepared, with support of the UNICEF in Bosnia and Herzegovina, together with the Ministry of Human Rights and Refugees of BIH and non-governmental sector and with participation of the Human Rights Ombudsman of Bosnia and Herzegovina. Through its participation in the preparation of the mentioned Guidelines and through its daily work on processing the complaints lodged by the citizens, the Ombudsman tries to indicate to the authorities to the need to establish the best interest of the child issuing the guidelines for the implementation of so established interest. These Guidelines are an 2 Alternative report of the Human Rights Ombudsman of Bosnia and Herzegovina on implementation of the UN Convention on the Rights of the Child for period from 01 June 2009 till the end of 2011 3 Action plan for children 2015-2018 adopted at 9th session of the BiH Council of Ministers held on 02 June 2015 2 important instrument for the Ombudsman in its work aimed at harmonization of the work of the relevant authorities in accordance with the principle of the child’s best interest. The preparation of the above mentioned Guidelines constitutes a continuation of the Ombudsman’s engagement on the strict and consistent implementation of the Convention on the Rights of the Child, given that the Ombudsman prepared its Analysis of harmonization of the legislation of Bosnia and Herzegovina and UN Convention on the Rights of the Child back in 2009 with the main objective of showing disparity between the BiH legislation in all the areas related to children rights and to ensuring the implementation of international standards set out in UN Convention on the Rights of the Child through the implementation of recommendations of the UN Committee on the Rights of the Child. Ombudspersons commend the establishment of the public fund for the children’s protection the Republika Srpska and the Brčko District of BiH, so that all children whose families are meeting the conditions can receive the children’s allowance in an effort to harmonize the amounts of all monetary benefits and allowances earmarked for children. In the Federation of Bosnia and Herzegovina, the Republika Srpska and the Brčko District of BiH, the legislation related to the protection and treatment of children subject to criminal proceedings has been adopted4, which brought a significant improvement in the status of children in these proceedings. Along with legislation, necessary by-laws are also adopted followed by the continuous specialized training of all participants in proceedings involving children and minors. Ombudspersons find it important to emphasize that In order to ensure implementation of recommendations issued to Bosnia and Herzegovina by the UN Committee on the Rights of the Child related to the ban on physical punishment of children, in addition to already taken measures that involve the definition of prohibition
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