Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Unrecognized
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires surgery
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✖ Illegal
    Intersex Infant Surgery
    ✖ Not banned
    Military
    ✔ Legal
    Donating Blood
    Varies by Region
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public opinion polls in particular regions of Bosnia and Herzegovina have found that homophobic beliefs persist.

Bosnia and Herzegovina Surveys

Support for holding of pride parades

(Klix.ba, 2019)
33%
Support pride parades
58%
Do not support pride parades

Orthodox Christian Support for Church's Position of Refusing to Perform Same-Sex Marriage

81%
Support
7%
Oppose

Have you lived in or visited Bosnia and Herzegovina?

Share your experience of being LGBTQ+ in Bosnia and Herzegovina.

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History

Homosexual activity in Bosnia and Herzegovina

?

Homosexual activity in Bosnia and Herzegovina is legal.

Current status
Since Oct 1991
Legal
In 1991, Parliament of Bosnia and Herzegovina repealed paragraph 2 of article 93 of Criminal Code and thus decriminalized male homosexuality.
Sources:
web.archive.org/web/2013022…//www.globalrights.org/site/DocServer/Shadow_Report_Bosnia.pdf?docID=9903
lgbti-era.org/countries/bos…
soc.ba/site/wp-content/uplo…
Added by vviet93  ·  Report error  ·  Log
Jul 1, 1977–Oct 1991
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.
Added by Aleksandar  ·  Report error  ·  Log
Jul 1, 1951–Jun 30, 1977
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.
Added by Aleksandar  ·  Report error  ·  Log
Jan 1, 1930–Jun 30, 1951
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.
Added by Aleksandar  ·  Report error  ·  Log

Same-sex marriage in Bosnia and Herzegovina

?

Same-sex marriage in Bosnia and Herzegovina is unrecognized.

Current status
Unrecognized
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.

Current status
No censorship
In Bosnia and Herzegovina, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Added by equaldex  ·  Report error  ·  Log

Right to change legal gender in Bosnia and Herzegovina

?

Right to change legal gender in Bosnia and Herzegovina is legal, but requires surgery.

Current status
Legal, but requires surgery
Added by matkoglibota  ·  Report error  ·  Log

Gender-affirming care in Bosnia and Herzegovina

?

Gender-affirming care in Bosnia and Herzegovina is legal.

Current status
Since 2011
Legal
In 2011, Bosnia and Herzegovina adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
Added by JuliaB  ·  Report error  ·  Log
Legal, but restricted for minors
In 1979, Bosnia and Herzegovina adopted the ICD-9 classification, which included codes allowing for the diagnosis of transsexualism in adults.
Added by JuliaB  ·  Report error  ·  Log
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.
Added by JuliaB  ·  Report error  ·  Log

Legal recognition of non-binary gender in Bosnia and Herzegovina

?

Legal recognition of non-binary gender in Bosnia and Herzegovina is not legally recognized.

Current status
Not legally recognized
Not currently recognized.
Added by Notdog1996  ·  Report error  ·  Log

LGBT discrimination in Bosnia and Herzegovina

?

LGBT discrimination in Bosnia and Herzegovina is illegal.

Current status
Since Sep 14, 2016
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.
Aug 5, 2009–Sep 13, 2016
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.
Added by vviet93  ·  Report error  ·  Log
Mar 1, 2003–Aug 4, 2009
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.

Current status
Since Sep 14, 2016
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.

LGBT housing discrimination in Bosnia and Herzegovina

?

LGBT housing discrimination in Bosnia and Herzegovina is sexual orientation and gender identity.

Current status
Since Sep 14, 2016
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.
Sources:
sluzbenilist.ba/page/akt/GZ…
web.archive.org/web/2016082…//www.ilga-europe.org/resources/news/latest-news/anti-discrimination-law-updated-bosnia-herzegovina
Added by Ausyk  ·  Report error  ·  Log
Aug 5, 2009–Sep 13, 2016
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.
Added by Aleksandar  ·  Report error  ·  Log

Same-sex adoption in Bosnia and Herzegovina

?

Same-sex adoption in Bosnia and Herzegovina is illegal.

Current status
Illegal
Both entities as well as Br?ko District have laws that do not mention adoption by the LGBT population. Also, adoption is practically impossible for single people (regardless of sexual orientation or gender identity).

Intersex infant surgery in Bosnia and Herzegovina

?

Intersex infant surgery in Bosnia and Herzegovina is not banned.

Current status
Not banned
There is no official ban on unnecessary sex reassignment operations in infants in Bosnia and Herzegovina.
Added by Aleksandar  ·  Report error  ·  Log

Serving openly in military in Bosnia and Herzegovina

?

Serving openly in military in Bosnia and Herzegovina is legal.

Current status
Since Jan 1, 2006
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.

Current status
Since 2012
Varies by Region
Federation of Bosnia and Herzegovina and Republika Srpska do not discriminate towards MSMs while Br?ko District still does.
Added by matkoglibota  ·  Report error  ·  Log

Legal

  1. Federation of Bosnia and Herzegovina 2012
  2. Republika Srpska

Banned (indefinite deferral)

  1. Brčko District
Until 2012
Banned (indefinite deferral)
The questionnaires of all three administrative units had a discriminatory question in relation to MSMs.
Added by Aleksandar  ·  Report error  ·  Log

Conversion therapy in Bosnia and Herzegovina

?

Conversion therapy in Bosnia and Herzegovina is not banned.

Current status
Not banned
Laws in force in Bosnia and Herzegovina do not regulate or restrict conversion therapies.
Added by Aleksandar  ·  Report error  ·  Log

Equal age of consent in Bosnia and Herzegovina

?

Equal age of consent in Bosnia and Herzegovina is equal.

Current status
Equal
Added by matkoglibota  ·  Report error  ·  Log


LGBT Rights by Entity

View the LGBT laws in each individual entity of Bosnia and Herzegovina.