Representatives from various sectors convened in Sarajevo on October 23, 2024, to discuss the incorporation of a consent-based definition of sexual violence into Bosnia and Herzegovina’s criminal legislation. This event, organized by the Council of Europe, aimed to enhance the legal framework for addressing sexual violence in the country.
Key Takeaways
- The event focused on integrating the absence of consent into the legal definition of sexual violence.
- Participants included representatives from institutions, the judiciary, and civil society.
- The discussions aimed to align national laws with the Istanbul Convention standards.
- The introduction of a consent-based definition is seen as crucial for improving law enforcement and judicial responses.
Importance of Consent-Based Definition
The discussions highlighted the critical need to fully integrate the concept of consent into the legal definitions of rape and other forms of sexual violence. By doing so, the legal reform is expected to:
- Improve the effectiveness of law enforcement responses.
- Increase the reporting rates of sexual violence incidents.
- Enhance conviction rates for perpetrators of sexual violence.
Learning from Peers
The event served as a platform for stakeholders from Bosnia and Herzegovina to exchange best practices with representatives from other Council of Europe member states, including:
- Sweden
- Montenegro
- North Macedonia
- Belgium
These countries have already established consent-based definitions in their legal frameworks, providing valuable insights for Bosnia and Herzegovina.
Aligning with International Standards
Discussions also focused on aligning national laws and practices with the Istanbul Convention, which aims to prevent and combat violence against women and domestic violence. Key topics included:
- Case-law from the European Court of Human Rights.
- Strategies for embedding consent into sexual violence legislation.
- Practical measures needed to prevent and combat sexual violence.
New Guidelines for Investigation and Prosecution
The event showcased the newly developed Council of Europe Good Practice Guidelines for the investigation and prosecution of sexual violence offenses. These guidelines emphasize:
- The importance of recognizing the lack of consent as a critical factor in sexual violence cases.
- Emerging best practices in line with the Istanbul Convention and other international standards.
Urgency of Legal Reform
Joško Mandić, an Expert Associate in the Agency for Gender Equality of Bosnia and Herzegovina, emphasized that introducing a legal definition of sexual violence based on the absence of consent is an urgent measure identified in the 2022 GREVIO Baseline Evaluation Report. He stated, "This very complex issue requires exchanges of experience and knowledge, which is the focus of today’s event."
Conclusion
The Council of Europe’s initiative, "Combating Digital and Sexual Violence Against Women in Bosnia and Herzegovina," aims to ensure that victims of such violence enjoy their rights in accordance with international standards. The discussions in Sarajevo mark a significant step towards strengthening the legal framework for addressing sexual violence in the country, paving the way for a more effective response to these critical issues.
