Recent studies in Bosnia and Herzegovina have revealed a prevalence of resistance towards LGBTQ+ rights.
Perceptions of local area as a "good place" for gay and lesbian people (2024)
Question: Is the city or area where you live a good place or not a good place to live for gay or lesbian people?
Source:Gallup, April 10th to December 13thPerceptions of local area as a "good place" for gay and lesbian people (2023)
Question: Is the city or area where you live a good place or not a good place to live for gay or lesbian people?
Source:Gallup, June 21, 2023Acceptance of having an LGBT+ child (Western Balkans) (2023)
Question: If you would find out that your child is gay, lesbian, bisexual, transgender or gender non-conforming, how would you react?
Source:ERA - LGBTI Equal Rights Association, December 2022-January 2023Belief that being LGBTI is a sickness (Western Balkans) (2023)
Agreement that LGBT people deserve equal rights (Western Balkans) (2023)
Question: [Please rate your level of agreement:] "LGBT people deserve to have rights like any other citizen."
Source:ERA - LGBTI Equal Rights Association, December 2022-January 2023Acceptance of same-sex marriage (Western Balkans) (2023)
Question: Thinking about same-sex marriages (man with man or woman with woman), to what extent would it be acceptable to youif sexual minorities were allowed to get married in your country?
Source:ERA - LGBTI Equal Rights Association, December 2022-January 2023Agreement with the statement that a child raised in a heterosexual family cannot become LGBT (Western Balkans) (2023)
Agreement with the statement that LGBT couples should not have children (Western Balkans) (2023)
Support to Pride (Western Balkans) (2023)
Agreement with the statement that LGBT people should not exibit their sexuality/identity outside of their home (Western Balkans) (2023)
Question: I do not have anything against LGBT people, but they shouldn't exhibit that they are part of the LGBT population outside of their homes
Source:ERA - LGBTI Equal Rights Association, December 2022-January 2023The Right of LGB persons to survivors pension in case of partner's death (Western Balkans) (2023)
Recognizing the vulnerability of LGBT population to psychological violence (2023)
Question: Thinking about LGBT persons and their immediate environment, how often were these people exposed to psychological violence, including spiteful and brutal jokes by members of their family, friends, acquaintances, schoolmates, colleagues or strangers on the street?
Source:ERA - LGBTI Equal Rights Association, December 2022-January 2023Recognizing the vulnerability of LGBT population to physical violence (2023)
Question: When it comes to physical violence, how often were the people perceived or known to belong to the LGBT population exposed to psysical violence by members of their family, friends, acquaintances, schoolmates, colleagues or strangers on the street?
Source:ERA - LGBTI Equal Rights Association, December 2022-January 2023Justifiability of homosexuality (2022)
Question: Please tell me for each of the following statements whether you think it can always be justified, never be justified, or something in between.
Source:World Values Survey, 2017-2022Acceptance of homosexuals as neighbors (2022)
Question: On this list are various groups of people. Could you please mention any that you would not like to have as neighbors?
Source:World Values Survey, 2017-2022Did not mention homosexuals
Opinion on same-sex couples as parents (2020)
Question: Homosexual couples are as good parents as other couples
Source:World Values Survey, 2017-2020Belief that LGBT+ persons should enjoy at least some rights anticipated to be regulated by the law on same-sex union (Western Balkans) (2020)
Support for same-sex marriage in Central and Eastern Europe (2016)
Question: Do you strongly favor, favor, oppose, or strongly oppose allowing gays and lesbians to marry legally?
Source:Pew Research Center, June 2015-July 2016"Should society accept homosexuality?" (Eastern/Central Europe) (2016)
Question: Please tell me whether the FIRST statement or the SECOND statement is most similar to your point of view–even if it does not precisely match your opinion. 1 Homosexuality should be accepted by society OR 2 Homosexuality should not be accepted by society
Source:Pew Research Center, June 2015-July 2016Acceptance of having an LGBT+ child (Western Balkans) (2015)
Question: If you would find out that your child is gay, lesbian, bisexual, transgender or gender non-conforming, how would you react?
Source:ERA - LGBTI Equal Rights Association, 2015Belief that being LGBTI is a sickness (Western Balkans) (2015)
Acceptance of same-sex marriage (Western Balkans) (2015)
Question: Thinking about same-sex marriages (man with man or woman with woman), to what extent would it be acceptable to youif sexual minorities were allowed to get married in your country?
Source:ERA - LGBTI Equal Rights Association, 2015Perceptions of local area as a "good place" for gay and lesbian people (2013)
Question: Is the city or area where you live a good place or not a good place for homosexuals?
Source:Gallup, 2013Perceptions of local area as a "good place" for gay and lesbian people to live (2007)
Question: Is the city or area where you live a good place or not a good place to live for gay or lesbian people?
Source:Gallup, 2005-2007Justifiability of homosexuality (2004)
Question: Please tell me for each of the following statements whether you think it can always be justified, never be justified, or something in between.
Source:World Values Survey, 2000-2004Acceptance of homosexuals as neighbors (1999)
Question: On this list are various groups of people. Could you please mention any that you would not like to have as neighbors?
Source:World Values Survey, 1995-1999Did not mention homosexuals
Justifiability of homosexuality (1999)
Question: Please tell me for each of the following statements whether you think it can always be justified, never be justified, or something in between.
Source:World Values Survey, 1995-1999 I know the term from before and I know what it means
I know/have heard about the term, but I did not know what exactly it means
I do not know/this is the first time I'm hearing about the term
It is not discussed at all
It is mostly not discussed
It is discussed to a great extent
No, professionals established long ago that they are not sick and that they do not need treatment
Yes, I think they are sick and need treatment
I would be glad they did so and would support them fully
I would support them fully
I would accept it, but would try not to talk about it
I would try to help them seek help with treatment
I would end all contact with them
I would physically attack them
I don't know what my reaction would be
41%
Completely acceptable
22.7%
Somewhat acceptable
14%
Completely unacceptable
40.1%
Completely acceptable
22.6%
Somewhat acceptable
8.3%
Somewhat unacceptable
15.2%
Completely unacceptable
40%
Completely acceptable
8.9%
Somewhat unacceptable
15.4%
Completely unacceptable
39%
Completely acceptable
19.4%
Somewhat acceptable
8.7%
Somewhat unacceptable
18.3%
Completely unacceptable
34.6%
Completely acceptable
22.6%
Somewhat acceptable
8.4%
Somewhat unacceptable
22.3%
Completely unacceptable
19.7%
Completely acceptable
19.5%
Somewhat acceptable
13.4%
Somewhat unacceptable
33.8%
Completely unacceptable
14.4%
Completely acceptable
14.6%
Somewhat acceptable
11.8%
Somewhat unacceptable
42.7%
Completely unacceptable
I would give the child full support
I would accept that fact and continue the relationship with the child as before
I would accept it, but I would try to keep it within the family
I would talk to the child about it and try to convince the child that it is wrong
I would end contact with him/her, throw him/her out of the house
I would physicaly punish him/her
46.4%
No, it would not bother me
38.1%
Yes, it would bother me
I would help that person regardless of my own risk
I would help the person, but only if my safety was not at risk
I would not do anything because it does not concern me
I would not react because they deserve it
48.3%
I am somewhat familiar
20.4%
I am not familiar at all
12.6%
They are not respected at all
33.7%
They are mostly not respected
20.4%
They are mostly respected
5.5%
They are fully respected
Yes, I do support and join the Pride March
Yes, I do support support it, but not publicly and I do not join the Pride March
No, I do not support the Pride March at all
The march is a form of public protest that brings attention to the problems and denied rights of LGBTI people
The march is the right to free assembly in the form of a protest walk
I consider these marches unnecessary, because they have all the rights
The march is a needless stimulation of hatred and violence
I do not understand why they have to parade and show everyone their sexual orientation
I do not think religious communities should be taken into account
I think religious communities should be taken into account
Sensationalist and inaccurate
Negative and critical towards the rights of LGBTI people
Informative, neutral and professional
Positive and advocating for LGBTI rights
That would further strengthen my decision to vote for that party
Nothing would change, I would still vote for that party
I would not vote for that party again
33%
Support pride parades
58%
Do not support pride parades
Misunderstanding and rejection
Mental and physical violence
They are not allowed to marry each other
They do not have the same rights as heterosexual people
They don't have any problems
Law on Prohibition of Discrimination
I don't have an opinion / I don't care
I don't have an opinion / I don't care
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Share your experience of being LGBTQ+ in Bosnia and Herzegovina.
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Homosexual activity in Bosnia and Herzegovina
?Homosexual activity in Bosnia and Herzegovina is legal.
Legal
In
1991, Parliament of Bosnia and Herzegovina repealed paragraph 2 of article 93 of Criminal Code and thus decriminalized male homosexuality.
Male illegal, female legal
The Criminal Code of the Socialist Republic of Bosnia and Herzegovina (as part of the SFRY) adopted in
1977 criminalized unnatural fornication between men.
Article 93 (2): for unnatural fornication between persons of the male sex, the perpetrator shall be punished by imprisonment for up to one year.
Male illegal, female legal
The Criminal Code of the Federal People's Republic of Yugoslavia adopted on February 27,
1951 criminalized consensual sexual intercourse between men throughout its territory, including Bosnia and Herzegovina.
Article 186: for unnatural fornication between persons of the male sex, the perpetrator shall be punished with imprisonment for up to two years.
The
1959 amendment reduced the prison sentence by one year.
Illegal (imprisonment as punishment)
The Criminal Code for the Kingdom of Serbs, Croats and Slovenes (Kingdom of Yugoslavia as of October 3,
1929) adopted on January 27,
1929 criminalized "unnatural fornication" without specifying the definition of the mentioned term.
Paragraph 285: for unnatural fornication between persons, the perpetrator shall be punished with strict imprisonment, unless the act turns into a more serious crime.
Male illegal, female legalfederal law
In the first post-medieval Criminal Code of the Principality of Serbia, named "Kaznitelni zakon" (Law of Penalties), adopted in
1860, sexual intercourse "against the order of nature" between males became punishable by from 6 months' to 4 years' imprisonment. As typical for the time, homosexual relations between women were excluded. Serbian law was continued in Yugoslavia
Illegal (imprisonment as punishment)
Bosnia was part of Austiran Empire, which homosexualty is illegal with imprisonment as punishment.
Legalfederal law
In
1858, the Ottoman Empire, then in control of Bosnia and Herzegovina, legalized same-sex intercourse.
Same-sex marriage in Bosnia and Herzegovina
?Same-sex marriage in Bosnia and Herzegovina is banned.
Banned
There is no prohibition of same-sex marriages in the Constitutions of the two entities or in the Statute of Br?ko District, but the family laws of all three parts of BiH define marriage as the union of a man and a woman.
On 19 October
2018, the Federation of Bosnia and Herzegovina (FBiH) adopted a request for the legalisation of civil unions.
Censorship of LGBT issues in Bosnia and Herzegovina
?Censorship of LGBT issues in Bosnia and Herzegovina is no censorship.
No censorship
In Bosnia and Herzegovina, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Bosnia and Herzegovina
?Right to change legal gender in Bosnia and Herzegovina is legal, but requires surgery.
Legal, but requires surgery
Trans Bosnians are required to undergo surgery to achieve legal gender recognition.
Illegal
Until
2012, there was no legal gender recognition provided in Bosnia and Herzegovina.
Gender-affirming care in Bosnia and Herzegovina
?Gender-affirming care in Bosnia and Herzegovina is restricted.
Restricted
In January
2023, the Bosnian government passed legislation making gender affirming healthcare less affordable and more difficult to access. The law also considers certain procedures as ineligible for funding forcing trans Bosnians to seek such care abroad.
Restrictedfederal law
Bosnia and Herzegovina provides for hormone replacement but not sex reassignment surgery.
Restricted
In
1977, Bosnia and Herzegovina legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
Legal recognition of non-binary gender in Bosnia and Herzegovina
?Legal recognition of non-binary gender in Bosnia and Herzegovina is not legally recognized.
Not legally recognized
Not currently recognized.
Hate crime protections in Bosnia and Herzegovina
?Hate crime protections in Bosnia and Herzegovina is sexual orientation and gender identity.
Sexual orientation and gender identity
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.
Varies by Region
Before June
2016, hate crimes laws only existed in Republika Srpska and Brčko.
LGBT discrimination in Bosnia and Herzegovina
?LGBT discrimination in Bosnia and Herzegovina is illegal.
Illegal
In July
2016, the Bosnian Parliament adopted a bill amending Anti-Discrimination Law to explicitly prohibit discrimination based on sexual orientation, gender identity and sex characteristics.
Illegal in some contexts
The Law on Prohibition of Discrimination adopted on July 23,
2009 prohibited discrimination in all areas on the basis of "sexual expression or orientation" among other grounds.
The law is applied at the level of the state, entities, cantons and Br?ko District.
Due to the use of imprecise terms, the law was amended in
2016.
Illegal in some contexts
Before the adoption of the Law on Prohibition of Discrimination from
2009, sexual orientation was one of the explicitly mentioned bases for the prohibition of discrimination in the Criminal Code of BiH from
2003 (Article 145) and the Law on Gender Equality from
2003 (Article 2, Paragraph 2).
LGBT employment discrimination in Bosnia and Herzegovina
?LGBT employment discrimination in Bosnia and Herzegovina is sexual orientation and gender identity.
Sexual orientation and gender identity
After the
2016 amendment to the Law on Prohibition of Discrimination, the LGBT population became protected on the basis of sexual orientation, gender identity and sex characteristics in the field of Employment, among other areas.
No protections
Until
2016, Bosnia and Herzegovina had no protections against discrimination in employment for LGBTIQ+ people.
LGBT housing discrimination in Bosnia and Herzegovina
?LGBT housing discrimination in Bosnia and Herzegovina is sexual orientation and gender identity.
Sexual orientation and gender identity
After the
2016 amendment to the Law on Prohibition of Discrimination, the LGBT population became protected on the basis of sexual orientation, gender identity and sex characteristics in the field of Housing, among other areas.
Sexual orientation only
The Law on Prohibition of Discrimination adopted on July 23,
2009 in its original version prohibited discrimination in all areas (including Housing) on the basis of "sexual expression or orientation" among other grounds.
No protections
Until
2009, there were no protections from housing discrimination provided to LGBTIQ+ people in Bosnia and Herzegovina.
Same-sex adoption in Bosnia and Herzegovina
?Same-sex adoption in Bosnia and Herzegovina is single only.
Single onlyfederal law
Both entities as well as Brčko District have laws that don't mention adoption by the LGBT population. But there are recognition of adoption for single people regardless of sexual orientation.
Intersex infant surgery in Bosnia and Herzegovina
?Intersex infant surgery in Bosnia and Herzegovina is not banned.
Not banned
There is no official ban on unnecessary sex reassignment operations in infants in Bosnia and Herzegovina.
Serving openly in military in Bosnia and Herzegovina
?Serving openly in military in Bosnia and Herzegovina is legal.
Legal
In Bosnia and Herzegovina, there is no regulation that would prohibit LGBT persons from participating in the Armed Forces of BiH.
Article 28 of the Law on Service in the Armed Forces of BiH prohibits discrimination in the army on any basis. However, sexual orientation and gender identity are not particularly emphasized grounds.
Blood donations by MSMs in Bosnia and Herzegovina
?Blood donations by MSMs in Bosnia and Herzegovina is varies by region.
Banned (indefinite deferral)
The questionnaires of all three administrative units had a discriminatory question in relation to MSMs.
Conversion therapy in Bosnia and Herzegovina
?Conversion therapy in Bosnia and Herzegovina is not banned.
Not banned
Laws in force in Bosnia and Herzegovina do not regulate or restrict conversion therapies.
Equal age of consent in Bosnia and Herzegovina
?Equal age of consent in Bosnia and Herzegovina is equal.
LGBT Rights by Entity
View the LGBT laws in each individual entity of Bosnia and Herzegovina.
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Common queries:
- Is it illegal to be gay in Bosnia and Herzegovina?
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- Is gay marriage legal in Bosnia and Herzegovina?
Alternative names: Bosna i Hercegovina (local name)
Consensual sexual activity between individuals of the same sex.
Marriage and marriage recognition between two people of the same biological sex and/or gender identity.
Censorship or prohibition of discussing, promoting, or teaching LGBTQ+ topics in media, schools, and in the general public.
Legal recognition of a change in gender by permitting a change on an individual's legal documentation.
Medical and psychological support designed to help individuals transition to the gender they identify with, including hormone replacement therapy (HRT) and surgeries.
Legal recognition of non-binary, genderqueer, or third gender identities.
Legal protection from hate crimes based on sexual orientation and gender identity.
Prohibition of discrimination based on sexual orientation and/or gender identity.
Prohibition of discrimination based on sexual orientation and/or gender identity in employment, including hiring, promotion, termination, harassment, etc.
Prohibition of discrimination based on sexual orientation and/or gender identity when applying for housing or discrimination by landlords / property owners.
The ability for same-sex couples to legally adopt a child.
Medical interventions performed on intersex infants to alter their genital appearance to conform to typical male or female standards, often without the informed consent of the child who is too young to participate in the decision-making process.
The ability for homosexuals to serve in the military and be open about their sexuality.
The ability for MSMs (men who have sex with men) to donate blood or tissue for organ transplants. A deferral period refers to a waiting time before a man can donate after having sex.
Legal status of conducting sexual orientation changing therapy ("ex-gay" therapy)
The difference between legal age of consent for homosexual sex and heterosexual sex.