LGBT rights in Bosnia and Herzegovina
| LGBT rights in Bosnia and Herzegovina | |
|---|---|
|
|
| Same-sex sexual activity legal? | Legal since 1996 (Federation of Bosnia), 1998 (Republika Srpska) |
| Gender identity/expression | – |
| Military service | Gays and lesbians allowed to serve |
| Discrimination protections | Yes (see below) |
| Family rights | |
| Recognition of relationships |
No recognition of same-sex relationships |
|
Restrictions:
|
Subnational limitations (see below) |
| Adoption | – |
in Europe (dark grey) – [Legend]
Lesbian, gay, bisexual, and transgender (LGBT) persons in Bosnia and Herzegovina may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Bosnia and Herzegovina since 1996. Households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. Discrimination based on sexual orientation, gender identity and sex characteristics is banned.
Bosnia and Herzegovina is governed by two political entities — the Federation of Bosnia and Herzegovina and Republika Srpska. Homosexual sex was decriminalized in the Federation of Bosnia and Herzegovina (FBiH) in 1996 and in the Republika Srpska (RS) in 1998, by those two entities adopting their own criminal laws. The age of consent is 14, regardless of sexual orientation (having sexual relations with a person under 14 is considered statutory rape).
There is no legal recognition of same-sex couples on a national or subnational level. The Constitution of Bosnia and Herzegovina 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.
The Law on Equality of Sexes, adopted in early 2003 and amended in 2009, prohibits discrimination based on sex and sexual orientation (Article 2). In the 2003 version of the Law, in light of this law, sex was defined to mean gender. Sexual orientation was not defined. Since it was amended, the Law makes clear distinction between sex and gender. Both are covered by this law. Sexual orientation remains undefined. This law is on the State level. Prohibition of discrimination on the grounds of sexual orientation is also found in the Constitution of the Brčko District, Labor Law of the Brčko District and the Criminal Law of BiH (Article 145), the Criminal Law of the FBiH, and the Criminal Law of the RS.
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