At the press conference held at the Centar za promociju civilnog društva, it was announced that the Women’s Rights Center has submitted an Initiative to the Ministry of Justice of the Federation of BiH, requesting an urgent amendment to the Family Law of the Federation of BiH concerning the exclusive prohibition of charging for mediation services, which are mandatory before filing for divorce when the married partners have minor children.
The Women’s Rights Center from Zenica pointed out another serious problem that directly endangers women and children in the Federation of Bosnia and Herzegovina.
At a time when femicides have become an all-too-frequent headline, another barrier that prevents women from leaving an abusive relationship was uncovered.
When a woman decides to leave her abusive partner and file for divorce, the law requires that they first undergo mediation if the couple has minor children. Mandatory mediation is charged in most cantons. This system makes divorce more difficult or even impossible.
Through direct work with women, legal representation, and research, the Women’s Rights Center has gathered data that confirms this system does more harm than good. The situation in the Federation of BiH is inconsistent. While mediation is free in Sarajevo and Bosnian-Podrinje cantons, the cost in other cantons ranges from 30 KM to 400 KM. An even greater absurdity is that some social welfare centers do not provide mediation, so women must travel to other cities to pay for the service, further complicating an already complex divorce process.
Key unanswered questions:
- Who determines the fees for mediation when there is no legal regulation?
- Where does the money from these fees go, considering there is no clear system for controlling the expenditure of funds?
- Why are women victims of violence not automatically exempt from paying for mediation, forcing them to prove abuse, a process that is often lengthy and traumatic?
Demands to the Relevant Authorities: The Women’s Rights Center has clearly outlined demands for urgent amendments to the Family Law of the Federation of BiH to ensure free and accessible mediation for all citizens.
- Abolish the fees for mediation in all cantons.
- Provide equal conditions for all citizens, regardless of their place of residence.
- Prevent further victimization of women who want to leave abusive partner
This is not only a legal issue but a matter of life and death. It is time for the state to take responsibility and provide free mediation for everyone.
Stefan Almehagen Sandstad, Deputy Head of Mission of the Royal Norwegian Embassy in Sarajevo, said that data shows a significant increase in violence and femicides in BiH and that it is essential for all societal actors to take steps to ensure the protection of women and children.
“Safety and security for all citizens are of fundamental importance to a society that promotes tolerance, and gender-based violence disrupts harmony and poses a threat to society, whether we are talking about physical, psychological, sexual, or financial violence,” he emphasized.
Aida Daguda, The Director of the Centar za promociju civilnog društva emphasized that violence has been on the rise recently.
“When we hear about femicide in the media, it’s painful, but we, as a society, react only after the fact. We must act preventively, which is why the initiative by the Women’s Rights Center for better legal solutions is very important. When thinking about this initiative (for amendments to the Family Law of the Federation of BiH), I am mindful of women who have tragically lost their lives due to domestic violence, but I am also thinking of thousands of women in similar situations, within their own four walls, facing their own problems. It is crucial that the system, the state, provides greater support to prevent another femicide. I hope that the response from institutions will be as it should, because we must consider the women and children victims, all victims of domestic violence.”
The conference was organized with the support of the regional project SMART Balkans.
