Child Marriage in Bosnia and Herzegovina (Overview) I was 13 when I had my first child, 15 when I had my second one, and 17 when I gave birth to the third. Child marriage is an —Child spouse appalling violation of Child marriage human rights and robs Child or early marriage is the union, whether or not official, of two persons, at least one of whom is under 18 years of age.1 By virtue girls of their education, of being children, child spouses are considered to be incapable of giving free and full consent, meaning that child marriages health, and long-term should be considered a violation of human rights and the rights of the child. In Bosnia and Herzegovina, child marriage occurs prospects. A girl who is among all sections of the population. Sporadic evidence points in the direction that child marriage is more prevalent in the Roma married as a child is one community, though due to a number of subjective and objective reasons this observation is difficult to quantify. whose potential will not Child marriage is a phenomenon that affects girls and boys in different ways. Overall, the number of boys in child marriages be fulfilled. Since many around the world is significantly lower than that of girls. Girl child spouses are also vulnerable to domestic violence and sexual abuse parents and communities within relationships that are unequal, and if they become pregnant, often experience complications during pregnancy and childbirth, also want the very best for as their bodies are not ready for childbearing. Upon marrying, both boys and girls often have to leave education to enter the workforce their daughters, we must and/or take up domestic responsibilities at home. Various international treaties, conventions, and programmes for work together and end action address child marriage. These include: the 1962 Convention on Consent to Marriage, Minimum Age for Marriage, and child marriage. Registration of Marriages; the Convention on the Elimination of All Forms of Discrimination Against Women (1979); the Convention —Dr. Babatunde on the Rights of the Child (1989); and the 1995 Beijing Platform for Action (which followed the UN Fourth World Conference on Osotimehin, Executive Women). These international instruments cover the abolishment of harmful customs and traditions, violence against the girl child, Director, UNFPA marriage consent, marriageable age, registration of marriage, and the freedom to choose a spouse. This fact sheet provides information about the issue of child marriage in Bosnia and Herzegovina and offers recommendations aimed at addressing the issue. It includes a review of national legislation and the country’s ratification of the various international standards relevant to the issue, analysis of current practices and attitudes towards child marriage, and statistical information about the prevalence of the practice. The methodology for this study involved a review of the existing legal framework and literature related to child marriage in Bosnia and Herzegovina, and interviews with child spouses and experts working in the fields of children’s and women’s rights. 2 Recommendations Legal and national context • A standardised definition of a child as a person Bosnia and Herzegovina is a country whose recent under 18 years of age should be adopted by the past has been marked by an armed conflict, loss relevant legislatures. of lives, material destruction, and disintegration of the social fabric. The post-war transition to a • A more demanding out-of-court procedure for market economy, which was sudden and poorly the examination of petitions for marriage of planned, has resulted in a low standard of living, persons who have reached 16 but not 18 years of high unemployment, unsatisfactory economic age should be introduced that will focus on the growth, and poor economic perspective. Bosnia and best interest of the child and examine in detail Herzegovina’s extremely complex administrative structure – which was the product of political the circumstances surrounding the petition. agreement rather than a reflection of actual • Educators and social welfare centres should play needs on the ground – keeps inflating the already a more active role in reporting cases of common- unsustainable public spending and suffocating the law marriage involving an adult and a juvenile economy. In addition, the media reports chiefly on internal political impasses, while economic and under 16 years of age. social issues receive little or no attention. In this • All such cases should be prosecuted, regardless of environment, the issue of child marriage competes whether the marriage is contracted or not. The for attention with myriad other problems, which are possibility should be considered of deleting the perceived as more important. As a result, the state provisions in the three criminal codes that make and the society have little awareness of the existence, causes, and consequences of child marriages, nor of it possible for an adult living in a common-law the importance of a comprehensive approach to this marriage with a juvenile, under 16 years of age, problem. to avoid criminal prosecution if the marriage is contracted. The rights of the child are most • Comprehensive, age-appropriate education on frequently violated due to the poor sexual and reproductive health and rights should socio-economic situation in the country. be introduced into the public education system. Budgetary allocations for children are considerably smaller in comparison to Roma-specific recommendations other categories of the population, e.g. war veterans, war invalids, and victims • The problem of child marriages among Roma should be comprehensively addressed through of war. (Children’s rights expert) a number of measures that should aim to improve the level of literacy among adult Roma, International standards reduce school dropout rates among Roma Bosnia and Herzegovina is a member state of the children, improve the standard of housing and United Nations and the Council of Europe. It infrastructure in Roma settlements, and educate is a party to the Convention on the Rights of the Roma on sexual and reproductive health and on Child (CRC) (and the two Optional Protocols); the health consequences of child marriages. the International Covenant on Social, Economic, and Cultural Rights; the International Covenant on • The problem of lack of identification documents Civil and Political Rights; the Convention on the for Roma needs to be addressed, as well as the Elimination of All Forms of Discrimination Against issue of registration of births, marriages and Women (CEDAW) (and its Optional Protocol); deaths, in those cases where they have not been and the Council of Europe Convention for the registered. Protection of Human Rights and Fundamental Child Marriage in Bosnia and Herzegovina (Overview) 3 Freedoms. Regarding the application of international The common denominator for all the laws is that legislation, Bosnia and Herzegovina is a monist state, persons under 18 years of age have not attained full meaning that the act of ratifying an international legal capacity, except in the case of the above court- treaty or convention incorporates it into national law. regulated exceptions. Overview of national legislation Who can contract a marriage? The national legislation reflects the complexities According to the FBiH Family Law, marriage cannot of the administrative and legal systems of Bosnia be contracted by a person under 18 years of age. In and Herzegovina, (hereinafter BiH), which consists addition, the future spouses have to declare their of two entities: Republika Srpska (hereinafter RS) consent before a registrar. Exceptionally, a court can, and the Federation of Bosnia and Herzegovina in an out-of-court proceeding, allow a person who (hereinafter FBiH), and one district: the Brčko has reached 16 years of age to contract a marriage District of Bosnia and Herzegovina (hereinafter if the person is physically and mentally able to fulfil BDBiH). The FBiH is composed of ten cantons. the rights and duties of matrimonial life, and if the All of these legal entities have their own executive, marriage is in the person’s interest. The RS Family legislative, and judicial bodies. Law and the BDBiH Family Law include identical or almost identical provisions. All three family laws stipulate that a marriage is not valid if a spouse Who is a child? agreed to the marriage out of fear caused by a serious The BiH Framework Law on Primary and Secondary threat. Education defines a child as a person under 18 years According to the above legislation, it is not possible of age.2 The FBiH Family Law does not provide a for a person under 16 years of age to contract definition of a child.3 Rather it stipulates that majority, a marriage. Such a marriage would be null and and legal capacity, is attained at 18 years of age. Legal void, and a cause for criminal prosecution of the capacity can be attained earlier if a minor under 18 authorised person before whom the marriage has contracts a marriage or becomes a parent (provided he been contracted.7 or she is at least 16). In this case, a court must decide, in an out-of court proceeding, taking into account the minor’s mental maturity, whether the minor qualifies [Consistent] application of the existing to be treated as an adult. The RS Family Law and the legislative solutions is of paramount BDBiH Family Law have regulated this issue in the same way.4 The Criminal Codes of BiH, FBiH, and importance since the mechanisms for criminal the BDBiH stipulate that a child is a person under the sanctioning of [early] common-law marriages age of 14 years, while a juvenile is a person who has not reached 18 years of age.5 A person between the are already in place, but it is necessary to ages of 14 and 18 is usually referred to as a juvenile.