Representatives from institutions, the judiciary and civil society gathered in Sarajevo for a peer-to-peer event on 23 October 2024 aimed at incorporating a definition of sexual violence based on the absence of consent into Bosnia and Herzegovina’s criminal legislation. The event, organized by the Council of Europe action Combating digital and sexual violence against women in Bosnia and Herzegovina, sought to strengthen the country’s legal and institutional framework for addressing sexual violence.
Participants underlined the importance of fully integrating the notion of the absence of consent into the legal definition of rape and other forms of sexual violence, highlighting the potential of this legal reform to improve the effectiveness of law enforcement and judicial responses to such acts. This change is expected to increase both the reporting of, and convictions for, acts of sexual violence.
The event served as a platform for key stakeholders from Bosnia and Herzegovina to exchange promising practices with peers from other Council of Europe member states, such as Sweden, Montenegro, North Macedonia, and Belgium, where a consent-based definition of sexual violence is already enshrined in law. Discussions focused on ways of aligning national laws and investigative and prosecutorial practice with the standards of the Council of Europe Convention on preventing and combating violence against women and domestic violence, known as the Istanbul Convention.
Panel discussions and expert presentations explored case-law from the European Court of Human Rights and highlighted strategies for embedding the concept of freely given consent into sexual violence legislation and into the range of practical measures needed to prevent and combat sexual violence. The event showcased the newly developed Council of Europe Good practice guidelines for the investigation and prosecution of sexual violence offences based on the lack of consent of the victim. The guidelines are based on the emerging and good practices in the investigation and prosecution of sexual violence, including rape in line with the Istanbul Convention and other international standards.
Joško Mandić, Expert Associate in the Agency for Gender Equality of Bosnia and Herzegovina, highlighted that introducing a legal definition of sexual violence based on the absence of consent is one of the urgent measures identified in the 2022 GREVIO Baseline Evaluation Report for Bosnia and Herzegovina. “This very complex issue requires exchanges of experience and knowledge, which is the focus of today’s event”, he added.
The Council of Europe action “Combating digital and sexual violence against women in Bosnia and Herzegovina,” which aims to ensure that victims of digital and sexual violence against women enjoy their rights in line with Council of Europe standards, and in particular with the Istanbul Convention, is funded through the Council of Europe Action Plan for Bosnia and Herzegovina 2022-2025.
