Global Progress Towards Ending the Sexual Exploitation of Children
A global problem requires truly global solutions to address the sexual exploitation of children.
Indicators
Age of Consent
No
The age of sexual consent is 14 years for both girls and boys. The national legislation does not provide for a close-in-age exemption
ECO Bosnia and Herzegovina, 2018
Extraterritoriality & Extradition
No
In BiH and FBiH active and passive extraterritoriality is provided for SEC crimes but only if the offender is found within their respective territories.
FBiH additionally provides for universal jurisdiction for SEC crimes punished with at least 5 years of imprisonment, covering only some offences. It is unclear whether the double criminality principle applies in these instances.
RS and BD also recognize active and passive extraterritoriality for SEC crimes and require double criminality.
Extradition is provided for SEC related crimes but it requires double criminality, can only be decided by the Court of BiH and can be denied under several circumstances (acquittal, pending proceedings...)
ECO Bosnia and Herzegovina, 2018
CSAM Definition
Partial
The Criminal Code of BiH does not contain provisions that deal with offences related to online child sexual exploitation.
The Criminal Codes of FBiH and BD do criminalise some CSAM-related offences but there is no clear definition of what constitutes CSAM which seems to only cover visual material (video and photo).
The Criminal Code of RS provides a definition of CSAM in line with international standards.
ECO Bosnia, 2018
Background Check Required
Not Yet Assessed
National Commitments
Partial
Bosnia and Herzegovina has ratified the CRC, the OPSC, the OPIC, the Trafficking Protocol and the ILO Convention No. 182.
Bosnia and Herzegovina has also ratified the Council of Europe's Lanzarote and Budapest Conventions.
Bosnia and Herzegovina has not ratified the UNWTO Framework Convention on Tourism Ethics
ECO Bosnia and Herzegovina, 2018
Child Advocacy Centers
Not Yet Assessed
SEC Police Unit
No
There is no dedicated national police unit that specifically includes SEC in its mandate.
ECO Bosnia and Herzegovina, Nov-18
Protection Standards Travel and Tourism
Not Yet Assessed
Public SEC Case Data
Partial
National data on cases of trafficking in human beings is published on a yearly basis and is disaggregated by form of exploitation, age, gender and nationality. It is unclear whether these reports provide information on compensation sought by child victims.
There is no public case date for other SEC manifestations beyond UNICEF reports on child marriage.
ECO Bosnia and Herzegovina, Nov-18
Age of Consent Law is Appropriate
The age of sexual consent for both males and females is 18 and a close in age exemption (up to 3 years) is provided for consensual sexual relationships between adolescents.
The age of sexual consent is the legally defined age at which a person is considered mature enough to agree to sexual activity. The age of sexual consent varies across jurisdictions around the world and there is no international legal instrument establishing it, however various forms of advocacy have encouraged States to establish a minimum age under which engaging in sexual contact is considered a criminal offence. This is intended to prevent sexual contact with children and to prevent argument that the child consented as a defence.
Often national provisions related to the age of sexual consent include an exception, known as a close-in-age exemption, making consensual sexual activities between young people lawful if the partners are of similar ages and the age difference is not higher than a certain number of years.
To ensure that cases of child sexual exploitation do not go unpunished, ECPAT advocates for the age of sexual consent to be set at 18 for both males and females with a close-in-age exemption of 2-3 years provided in order to ensure young people are not penalised for consensual sexual acts with peers. The age from which the exemption applies should be established by States but may begin for young people somewhere between 12 and 16 years of age.
Yes The national legislation explicitly indicates that the age of sexual consent unequivocally is 18 for both males and females, with a close-in-age exemption for sexual acts between peers (of up to 3 years) is provided by law.