Bosnia and Herzegovina (BiH), a country with a complex socio-political landscape, has been striving to achieve European Union (EU) membership for years. However, one significant hurdle that the country must overcome is addressing the status of women's rights and gender equality. The EU places a strong emphasis on these issues as essential components of its fundamental values, and any candidate country must align with these principles to be considered for membership. In this context, the advancement of women's rights and the establishment of gender equality in BiH are not only moral imperatives but also practical necessities for the country’s progress toward EU integration.
The Status of Women's Rights in Bosnia and Herzegovina
The status of women’s rights in Bosnia and Herzegovina (BiH) is a reflection of the broader socio-political challenges the country faces. Decades after the war, BiH still grapples with deep-rooted patriarchal norms, economic instability, and political fragmentation. These factors contribute to the marginalization of women in various spheres of life, including political participation, economic opportunities, and social rights.
Several institutions at various levels of government are responsible for addressing gender issues in BiH. The Gender Equality Agency, established within the Ministry for Human Rights and Refugees, is the primary state-level institution tasked with coordinating the implementation of gender equality policies. Additionally, each of the country’s two entities—Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska (RS)—has its own Gender Center, which works on promoting and protecting women’s rights within their respective territories.
The legal framework governing women's rights and gender equality in BiH is anchored in several key pieces of legislation. The Law on Gender Equality in Bosnia and Herzegovina, adopted in 2003 and amended in 2009, is the cornerstone of gender-related legal provisions. This law prohibits gender-based discrimination and mandates equal representation in political, economic, social, and educational spheres. The Anti-Discrimination Law of 2009 further reinforces protections against discrimination, including on the basis of gender.
In addition to these, the Criminal Code of BiH includes provisions related to gender-based violence, while the Labor Law in both entities and the Brčko District addresses issues of gender equality in the workplace, including protections against harassment and equal pay for equal work. Moreover, BiH is a signatory to various international conventions, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Istanbul Convention, which provide additional legal grounds for advancing women's rights.
Despite some progress, women remain underrepresented in political decision-making processes in BiH. The country has adopted gender quotas, requiring that at least 40% of candidates on electoral lists be women. However, this policy has not translated into proportional representation in actual political offices. Women hold less than 20% of seats in the state parliament, and their representation at the local government level is even lower.
Also, women in BiH face significant challenges in the labor market, including wage gaps, discrimination, and limited access to leadership positions. According to the World Bank, the female labor force participation rate in BiH is among the lowest in Europe, with many women working in informal or low-paying jobs. The lack of affordable childcare and the unequal distribution of household responsibilities further restricts women’s ability to engage fully in economic activities. Economic empowerment is crucial for women's rights, as it enhances their ability to make independent decisions and contributes to overall national development.
Unfortunately, gender-based violence (GBV) remains a pervasive issue in BiH. Despite the existence of legal frameworks to protect women from violence, enforcement is weak, and victims often lack access to adequate support services. Cultural stigmas and fear of retaliation discourage many women from reporting violence. Additionally, the post-war context has exacerbated issues such as trafficking and exploitation of women, particularly in vulnerable communities. Addressing GBV is fundamental to ensuring that women can live free from fear and participate equally in society.
Gender Equality: A Cornerstone of EU Values
The EU has consistently emphasized that gender equality is a core value and a necessary condition for membership. The Treaty on European Union explicitly states that equality between women and men is one of the Union's foundational principles. This commitment is further reinforced through various EU policies, directives, and funding mechanisms aimed at promoting gender equality across member states and candidate countries.
For BiH, aligning with EU gender equality standards is not merely about legal compliance; it is about transforming societal norms and practices to create a more inclusive and equitable society. The EU's Gender Equality Strategy for 2020-2025 outlines key areas of focus, including combating gender-based violence, closing gender pay gaps, and promoting women’s participation in decision-making. These priorities align closely with the challenges facing BiH, indicating that progress in these areas is critical for the country’s EU accession process.
The Role of the EU Accession Process in Advancing Women's Rights
The EU accession process offers a unique opportunity for BiH to accelerate reforms related to women's rights and gender equality. As part of the accession negotiations, candidate countries are required to harmonize their national legislation with the EU acquis, including directives related to gender equality and anti-discrimination. This process provides a framework for BiH to adopt and implement policies that protect and promote women's rights.
However, legal harmonization alone is insufficient. The EU has increasingly recognized the importance of actual implementation and the tangible impact of these laws on people's lives. For BiH, this means not only passing laws but also ensuring that they are effectively enforced and that women can access the protections and opportunities they provide. The EU’s monitoring mechanisms, including progress reports and peer reviews, play a crucial role in holding candidate countries accountable and ensuring that reforms lead to real change on the ground.
The Importance of Civil Society and Public Awareness
Civil society organizations (CSOs) in BiH play a vital role in advocating for women's rights and gender equality. These organizations provide essential services to women, such as shelters for survivors of domestic violence, legal aid, and educational programs. They also serve as watchdogs, holding the government accountable for its commitments to gender equality.
Public awareness campaigns are equally important in changing attitudes towards gender roles and challenging the patriarchal norms that underpin discrimination and violence against women. Education and media play a key role in this regard, as they can influence public perceptions and promote gender-sensitive practices.
Moreover, the EU provides funding and support to CSOs in BiH to strengthen their capacity and enhance their impact. This support is crucial in a context where government resources and political will may be limited. By empowering civil society, the EU helps to create a more robust and resilient framework for advancing women's rights in BiH.
Women's Rights as a Prerequisite for EU Membership
As Bosnia and Herzegovina moves forward in its EU accession journey, addressing women's rights and gender equality is not only a moral obligation but a strategic imperative. The EU's emphasis on these issues as core values highlights their importance in the broader context of democratic governance, social justice, and economic development.
For BiH, achieving progress in women's rights and gender equality is essential for meeting the EU’s accession criteria and ensuring that the country’s future as an EU member is built on a foundation of inclusivity and respect for human rights. The path to EU membership offers an opportunity for BiH to make significant strides in these areas, ultimately leading to a more just and equitable society for all its citizens.
By embracing gender equality as a central goal, Bosnia and Herzegovina can not only fulfill the EU’s requirements but also lay the groundwork for a more prosperous and cohesive future. The challenges are significant, but with strong political will, active civil society engagement, and the support of the EU, BiH can overcome these obstacles and move closer to realizing its aspirations of European integration.
