News in English     | 19.09.2018. 19:10 |

Dunović launches procedure to review the constitutionality of FBiH Family Law

FENA Aida Kovač

SARAJEVO, September 19 (FENA) - Vice President of the Federation of Bosnia and Herzegovina Milan Dunović signed today and submitted to the Constitutional Court a request for review of the constitutionality of the Family Law of the Federation of BiH.

Dunović noted that this was the18th appeal that he submitted during his term in office the sixth appeal filed in cooperation with professor of constitutional law from Tuzla, Zlatan Begić.

“In this case, in my opinion, we see unconstitutionality of the Family Law, specifically Article 45, paragraph 1 and Article 49, paragraphs 1, 2 and 3. These Articles of the Family Law define the institute of mediation during divorce proceedings, moreover, mediation is defined as mandatory before having access to court,” said Dunović at a press conference.

He added that he believes that the FBiH Constitution has been violated by such legislation because, if it is a case of marriage where there was a victim of domestic violence, such persons are denied direct access to court.

Dunović stressed that this provision violates the FBiH Constitution, since every person must have direct access to court, and the law stipulates that mediation is mandatory.

“Thus, a victim of domestic violence is victimized once again and forced to mediation for the purpose of reconciliation as the first step in the divorce process. We know well enough how traumatic these experiences can be. It even happens that certain law provisions enable prohibiting the access to a spouse who was victim of domestic violence, and then the Family Law stipulates that this procedure of mediation and reconciliation must take place,” Dunović explained.

He says that an additional problem is reflected in the fact that mediation can be done by both, private and legal entities, which is quite strange. He added that he is certain that this is found nowhere else except for BiH.

Dunović claims that these articles of the Family Law also violate the Istanbul Convention. He recalled that Bosnia and Herzegovina ratified the Istanbul Convention in 2013, whose main purpose is to prevent domestic violence and violence against women.

“The Istanbul Convention explicitly states that, in the case of domestic violence, if the case goes to court in divorce proceedings, no prior mediation is allowed, precisely because the victims should not have to face the abuser again and that they would have direct access to court,” Dunović said.

He noted that the Istanbul Convention has been a very popular topic lately, but when it comes to its thorough application, the state is not so diligent.

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(FENA) S. R.

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