Helsinki Citizens’ Assembly Banja Luka submitted appellation to Ombudsman for Children of Republic of Srpska and Institution of Human Rights Ombudsman of Bosnia and Herzegovina whereas is requested intervention because we believe that Constitution of Bosnia and Herzegovina, European Convention on Human Rights, Convention on the Rights of the Child and Law on Prohibition of Discrimination were extensively violated by limiting regulations of protected characteristics from Article 2.3 of the Protocol for Protection of Children against Violence, Neglect and Abuse and by elimination of the so called general clause and “other status”.
This is continuous narrowing of human rights and fundamental freedoms and this time even children in the Republic of Srpska are not spared.
We remind you that original text of the Article 2.3 of the Protocol also contained words: “sexual orientation, gender identity or any other characteristics of the child” which was eliminated i.e. delated.
In short, this roughly violated the rule of non-discrimination and the list of protected characteristics is closed by abolishing so called general clause “and other status” or “any other characteristics”.
Namely, by correcting the Protocol, Article 2.3 under title “Principle of Non-Discrimination” is replaced with words: “The principle of non-discrimination ensures that treating children in exercising their rights is applied no matter what is their sex, age, language, race, color, ethnic affiliation, national origin, religion, family status, economic status, education, physical and mental abilities”.
As competent party in appellation we stated Ministry of Education and Culture of Republic of Srpska and Ministry of Health and Social Welfare of Republic of Srpska.
Protocol (with included correction) requires short list of protected characteristics in comparison to what was prescribed by Law on Prohibition of Discrimination. List of protected characteristics can, in theory, be unlimited so there is need for so called general clause and “other status.”
We remind that Convention on the Rights of the Child (which is in accordance with Annex I of the Constitution of Bosnia and Herzegovina applied on the territory of Bosnia and Herzegovina) in its Article 2 does not contain unlimited list of protected characteristics of a child and that includes general clause “or any other characteristics”.
Considering or above mentioned, we believe that there is rough violation of the rights and demand opinion of the Ombudsman for Children of Republic of Srpska and Institution of Human Rights Ombudsman of Bosnia and Herzegovina with regard to this.
