Lesbian, gay, bisexual, and transgender (LGBT) persons in
Bosnia and Herzegovina
Bosnia and Herzegovina ( sh, / , ), abbreviated BiH () or B&H, sometimes called Bosnia–Herzegovina and often known informally as Bosnia, is a country at the crossroads of south and southeast Europe, located in the Balkans. Bosnia and H ...
may face legal challenges not experienced by non-LGBT residents. Both male and female 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
Secularity, also the secular or secularness (from Latin ''saeculum'', "worldly" or "of a generation"), is the state of being unrelated or neutral in regards to religion. Anything that does not have an explicit reference to religion, either negativ ...
country composed of mainly
Muslims
Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abraha ...
and
Christians
Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι ...
(
Catholic
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
and
Orthodox
Orthodox, Orthodoxy, or Orthodoxism may refer to:
Religion
* Orthodoxy, adherence to accepted norms, more specifically adherence to creeds, especially within Christianity and Judaism, but also less commonly in non-Abrahamic religions like Neo-pa ...
). 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
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
.
Some LGBT events, most notably the
Queer Sarajevo Festival 2008, have ended in violence, when "a combination of
football
Football is a family of team sports that involve, to varying degrees, kicking a ball to score a goal. Unqualified, the word ''football'' normally means the form of football that is the most popular where the word is used. Sports commonly c ...
fans and
religious extremists" stormed the festival while shouting
death threat
A death threat is a threat, often made anonymously, by one person or a group of people to kill another person or group of people. These threats are often designed to intimidate victims in order to manipulate their behaviour, in which case a deat ...
s 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 even
physical violence
Violence is the use of physical force so as to injure, abuse, damage, or destroy. Other definitions are also used, such as the World Health Organization's definition of violence as "the intentional use of physical force or power, threatened ...
.
Nevertheless, attitudes are changing. In 2016, the
Government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
approved a comprehensive anti-discrimination law, banning discrimination on account of one's
sexual orientation
Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
,
gender identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...
and sex characteristics. More and more
gay bar
A gay bar is a drinking establishment that caters to an exclusively or predominantly lesbian, gay, bisexual, and transgender (LGBT) clientele; the term ''gay'' is used as a broadly inclusive concept for LGBT communities.
Gay bars once served as ...
s and venues have opened, especially in the capital city of
Sarajevo
Sarajevo ( ; cyrl, Сарајево, ; ''see Names of European cities in different languages (Q–T)#S, names in other languages'') is the Capital city, capital and largest city of Bosnia and Herzegovina, with a population of 275,524 in its a ...
.
Bosnia and Herzegovina's desire to join the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
has also played an important role in the Government's approach to LGBT rights.
The association
ILGA-Europe
ILGA-Europe is the European region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association. It is an advocacy group promoting the interests of lesbian, gay, bisexual, trans and intersex (LGBTI) people, at the European level. I ...
has ranked Bosnia and Herzegovina 22 out of the 49 countries in the
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
in terms of LGBT rights legislation.
Law regarding same-sex sexual activity
Bosnia and Herzegovina is a federation consisting of two
entities
An entity is something that exists as itself, as a subject or as an object, actually or potentially, concretely or abstractly, physically or not. It need not be of material existence. In particular, abstractions and legal fictions are usually ...
, namely the
Federation of Bosnia and Herzegovina
The Federation of Bosnia and Herzegovina is one of the two Political divisions of Bosnia and Herzegovina, entities within the State of Bosnia and Herzegovina, the other being Republika Srpska. The Federation of Bosnia and Herzegovina consists ...
and the
Republika Srpska
Republika Srpska ( sr-Cyrl, Република Српска, lit=Serb Republic, also known as Republic of Srpska, ) is one of the two Political divisions of Bosnia and Herzegovina, entities of Bosnia and Herzegovina, the other being the Feder ...
. 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.
The
Brčko District
Brčko District ( bs, Brčko Distrikt; hr, Brčko Distrikt; sr, Брчко Дистрикт, ), officially the Brčko District of Bosnia and Herzegovina ( bs, Brčko Distrikt Bosne i Hercegovine; hr, Brčko Distrikt Bosne i Hercegovine; ), i ...
followed suit and legalized homosexuality in 2003, making it legal nationwide since then. 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
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual ...
).
Recognition of same-sex relationships
There is no legal recognition of same-sex couples on a national or subnational level. The
Constitution of Bosnia and Herzegovina
The Constitution of Bosnia and Herzegovina ( Bosnian, Croatian and Serbian: ''Ustav Bosne i Hercegovine'' / Устав Босне и Херцеговине) is the highest legal document of Bosnia and Herzegovina. The current Constitution is the ...
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.
On 19 October 2018, the Federation of Bosnia and Herzegovina (FBiH) adopted a request for the legalisation of
civil union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s. "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
Fadil Novalić (born 25 September 1959) is a Bosnian politician serving as the 9th Prime Minister of the Federation of Bosnia and Herzegovina since March 2015.
Novalić graduated from the University of Sarajevo in 1983. He then worked for a numb ...
said. The Government will now form a working group to analyse the proposal, which will need to be later adopted by the
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
. 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
The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identif ...
.
Discrimination protections
Article 12 of the ''Law on Equality of Sexes'' ( bs, Zakon o ravnopravnosti spolova), adopted in early 2003, prohibits discrimination based on gender and sexual orientation. 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.
[BOSNIA AND HERZEGOVINA](_blank)
LGBTI Equal Rights Association for Western Balkans and Turkey
The ''Law Against Discrimination'' ( bs, 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. Article 2 of the law states as follows:
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.
Hate crime laws
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.
Gender identity and expression
Transgender people may change their legal gender in Bosnia and Herzegovina after having undergone
sex reassignment surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and alle ...
and other medical treatments.
Activism
![Sarajevo Pride](https://upload.wikimedia.org/wikipedia/commons/5/5e/Sarajevo_Pride.jpg)
Quite a few organizations have been working on LGBT rights in Bosnia and Herzegovina. Organisation Q () was the first LGBT organization to register in Bosnia and Herzegovina. Organization Q works for "the promotion and protection of
culture
Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups.Tyl ...
, identities and human rights of
queer
''Queer'' is an umbrella term for people who are not heterosexual or cisgender. Originally meaning or , ''queer'' came to be used pejoratively against those with same-sex desires or relationships in the late 19th century. Beginning in the lat ...
persons", and was founded in September 2002. It formally registered in February 2004.
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.
Equilibrium was registered in mid-2009 and was the first organization to work out of
Banja Luka
Banja Luka ( sr-Cyrl, Бања Лука, ) or Banjaluka ( sr-Cyrl, Бањалука, ) is the second largest city in Bosnia and Herzegovina and the largest city of Republika Srpska. Banja Luka is also the ''de facto'' capital of this entity. I ...
. Both organizations closed after two years.
Other organizations include Okvir and Simosyon (which both registered in 2011), Viktorija, the
Sarajevo Open Centre (), BUKA ( bs, 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
Mostar (, ; sr-Cyrl, Мостар, ) is a city and the administrative center of Herzegovina-Neretva Canton of the Federation of Bosnia and Herzegovina, an entity of Bosnia and Herzegovina, and the historical capital of Herzegovina.
Mostar is sit ...
and the
Tuzla
Tuzla (, ) is the third-largest city of Bosnia and Herzegovina and the administrative center of Tuzla Canton of the Federation of Bosnia and Herzegovina. As of 2013, it has a population of 110,979 inhabitants.
Tuzla is the economic, cultural, ed ...
open centers.
Sarajevo Pride
Sarajevo Pride, the country's first pride event was held on 9 September 2019 in the capital Sarajevo. An estimated 2,000 people marched in the first
pride parade
A pride parade (also known as pride march, pride event, or pride festival) is an outdoor event celebrating lesbian, gay, bisexual, transgender, and queer culture, queer (LGBTQ) social and self-acceptance, achievements, LGBT rights by country o ...
of Bosnia and Herzegovina, making the country the last
former Yugoslav nation to hold a pride event.
Queer Sarajevo Festival 2008 incident
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.
The festival, organised by Organization Q, opened in the
Academy of Fine Arts
The following is a list of notable art schools.
Accredited non-profit art and design colleges
* Adelaide Central School of Art
* Alberta College of Art and Design
* Art Academy of Cincinnati
* Art Center College of Design
* The Art Institute o ...
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.
In 2014, the
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
ruled that the authorities had failed to protect the freedom of assembly of the 2008 festival participants.
2014 Merlinka Festival incident
On 1 February 2014, fourteen masked men stormed into the
Merlinka Festival
The International Queer Film Festival Merlinka or Merlinka Festival is an annual LGBT-themed film festival which is annually organized in Belgrade (since 2009), Sarajevo (since 2013) and Podgorica (since 2014). The Belgrade edition is organized ...
, shouting
homophobic
Homophobia encompasses a range of negative attitudes and feelings toward homosexuality or people who are identified or perceived as being lesbian, gay or bisexual. It has been defined as contempt, prejudice, aversion, hatred or antipathy, m ...
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. The festival continued the following day, with no incident, and with the full protection of the police force.
Attack on LGBT Activists
In March 2023, activists at the offices of Transparency International, claim 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 movie screenings and discussions were cancelled by police for security concerns and after Bosnian Serb President,
Milorad Dodik
Milorad Dodik ( sr-cyrl, Милорад Додик, ; born 12 March 1959) is a Bosnian Serb politician serving as the 8th president of Republika Srpska since November 2022. Previously, he served as the 7th Serb member of the Presidency of Bo ...
called LGBT people harassers and stated that they should be prevented from gathering. Banja Luka's mayor, where the attack took place, stated that the LGBT community should stay in Sarajevo and away from smaller cities like Banja Luka.
Public opinion
A 2015 survey found 48% of Bosnians would try to
cure
A cure is a substance or procedure that ends a medical condition, such as a medication, a surgical operation, a change in lifestyle or even a philosophical mindset that helps end a person's sufferings; or the state of being healed, or cured. The ...
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.
According to a
Pew Research
The Pew Research Center is a nonpartisan American think tank (referring to itself as a "fact tank") based in Washington, D.C.
It provides information on social issues, public opinion, and demographic trends shaping the United States and the wor ...
poll published in 2017, 13% of respondents in Bosnia and Herzegovina supported
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
, with 84% opposed. It showed that 82% of
Bosnians
Bosnians (Bosnian language: / ; / , / ) are people identified with the country of Bosnia and Herzegovina or with the region of Bosnia. As a common demonym, the term ''Bosnians'' refers to all inhabitants/citizens of the country, regardless ...
believed that
homosexuality
Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...
should not be accepted by society.
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
The Sarajevo Canton, officially the Canton of Sarajevo ( bs, Kanton Sarajevo; hr, Sarajevska županija; sr-Cyrl, Сарајевски кантон), is one of 10 cantons of the Federation of Bosnia and Herzegovina in Bosnia and Herzegovina. It ...
, not covering the rest of the country.
According to a 2021 study, the first LGBT+ Pride parade in Sarajevo led to increased support for
LGBT activism
Lesbian, gay, bisexual, and transgender (LGBT) movements are social movements that advocate for LGBT people in society. Some focus on equal rights, such as the ongoing movement for same-sex marriage, while others focus on liberation, as in the ...
in Sarajevo. It did not however diffuse nationwide.
Summary table
See also
*
LGBT rights in Europe
Lesbian, gay, bisexual, and transgender (LGBT) rights are widely diverse in Europe per country. Nineteen out of the 33 countries that have legalised same-sex marriage worldwide are situated in Europe. A further eleven European countries have leg ...
*
LGBT history in Yugoslavia
References
Further reading
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External links
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{{LGBT rights in Europe
Human rights in Bosnia and Herzegovina
Law of Bosnia and Herzegovina
Bosnia and Herzegovina
Bosnia and Herzegovina ( sh, / , ), abbreviated BiH () or B&H, sometimes called Bosnia–Herzegovina and often known informally as Bosnia, is a country at the crossroads of south and southeast Europe, located in the Balkans. Bosnia and H ...