- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✖ Single only
- 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
Recent studies in Bosnia and Herzegovina have revealed a prevalence of resistance towards LGBTQ+ rights.
OPPOSE
SUPPORT
LGBTI is an acronym that refers to lesbians, gay men, bisexual, transgender and intersex people, and is used as a single term to denote different sexual orientation and sex/gender of people. To what extent was this known to you previously?
(Sarajevski otvoreni centar, 2023)
During your education, did you come across topics related to the human rights of LGBTI persons?
(Sarajevski otvoreni centar, 2023)
In your opinion, to what extent is the position of LGBTI people publicly discussed today in Bosnia and Herzegovina?
(Sarajevski otvoreni centar, 2023)
Have you lived in or visited Bosnia and Herzegovina?
Share your experience of being LGBTQ+ in Bosnia and Herzegovina.
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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In 1991, Parliament of Bosnia and Herzegovina repealed paragraph 2 of article 93 of Criminal Code and thus decriminalized male homosexuality.
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.
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.
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.
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 legal federal 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.
Same-sex marriage in Bosnia and Herzegovina is banned.
Current status
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.
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 is no censorship.
Current status
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 is legal, but requires surgery.
Current status
Since 2012
Legal, but requires surgery
Trans Bosnians are required to undergo surgery to achieve legal gender recognition.
Gender-affirming care in Bosnia and Herzegovina is restricted.
Current status
Since Jan 2023
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.
Restricted federal law
Bosnia and Herzegovina provides for hormone replacement but not sex reassignment surgery.
Legal recognition of non-binary gender in Bosnia and Herzegovina is not legally recognized.
Current status
Not legally recognized
Not currently recognized.
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.
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.
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
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 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.
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.
Same-sex adoption in Bosnia and Herzegovina is single only.
Current status
Single only federal 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 is not banned.
Current status
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 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.
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 is varies by region.
Current status
Since Jan 1, 2012
Varies by Region
Federation of Bosnia and Herzegovina and Republika Srpska do not discriminate towards MSMs while Brčko District still does.
Legal
Banned (indefinite deferral)
Until 2012
Banned (indefinite deferral)
The questionnaires of all three administrative units had a discriminatory question in relation to MSMs.
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.
Equal age of consent in Bosnia and Herzegovina is equal.
Current status
Equal
LGBT Rights by Entity
View the LGBT laws in each individual entity of Bosnia and Herzegovina.
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Common queries:
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Alternative names: Bosna i Hercegovina (local name)
