Final verdict confirms discrimination against LGBTIQ persons in Bosnia

The case centers on a social media post shared by the former representative on Facebook in 2019, following the announcement of the first BH Pride March. In her post, Cosovic Hajdarevic called for the segregation and isolation of LGBTIQ individuals, stating that such people should be "isolated and moved as far as possible from our children and society." She further suggested that they should create their own "city, state, and laws" elsewhere.

The Sarajevo Open Centre filed a lawsuit, asserting that this public rhetoric constituted discrimination and incited hatred. While a first-instance verdict was reached in 2022 at the Municipal Court in Sarajevo, the defendant appealed the decision. The Cantonal Court has now rejected that appeal as unfounded, upholding the original ruling in its entirety.

Legal significance of the ruling

Attorney Dzenana Hadziomerovic emphasized that the court explicitly identified the 2019 statement as hate speech. Although the Law on Prohibition of Discrimination does not use the specific term "hate speech," it defines such behavior through two categories: harassment and incitement to discrimination.

"This verdict represents a significant step forward in the protection of human rights and sends a powerful message that hate speech will not be tolerated," Hadziomerovic stated. She noted that this outcome should encourage other organizations to utilize collective lawsuits when the rights of vulnerable groups are violated.

A historic milestone for human rights

The SOC highlighted that while sexual orientation and gender identity were included in the Law on Prohibition of Discrimination in 2009, it took nearly 17 years to achieve the first final verdict based on these grounds. Darko Pandurevic of the Sarajevo Open Centre noted that while freedom of expression is protected, it does not grant public figures the right to call for segregation or dehumanization.

This ruling confirms that legal protection is attainable in Bosnia and Herzegovina and serves as a crucial step toward the full implementation of anti-discrimination standards within the country.