Country profile BIH
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | 2016-08-05 | C138 & C182 | Labour Law of the Federation of Bosnia and Herzegovina - Section 57 | [{"link_name":"-Labour Law of the Federation of Bosnia and Herzegovina","source_link":"https://advokat-prnjavorac.com/legislation/Labour-Law-FBiH-2015.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4324937,102704"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Pursuant to Section 57 of the new Labour Law, an underage person may not be assigned to any physically demanding work, underground or underwater work, or any other work likely to create a hazard or increased risk to their life, health, development or morale, taking into account their mental and physical characteristics. A by-law shall be adopted to define the types of work referred to in Section 57. In CEACR Observation of 2023 on C138, the Committee notes - regarding the by-law that shall define the types of work referred to in section 57 of the Labour Law of the FBiH No. 26/2016 (work likely to create a hazard or increased risk to the life, health, development or morale of underage persons), that the Government indicates, in its report, that it has not yet been adopted. The Committee further notes the Government’s detailed information regarding the Rulebook on “requirements for establishing positions with special working conditions and physical examinations of employees occupying such positions” (the “Rulebook”) (Official Gazette of the Socialist Republic of Bosnia and Herzegovina, No. 2/91), which is in force in the FBiH. The Committee notes with interest that the Rulebook establishes an extensive list of 55 workplace risks/types of work that can be performed only by employees who are at least 18 years old. |
| Minimum age for hazardous work | 2016-08-05 | C138 & C182 | Labour Law of the Federation of Bosnia and Herzegovina - Section 57 (1) | [{"link_name":"Labour Law of the Federation of Bosnia and Herzegovina","source_link":"https://advokat-prnjavorac.com/legislation/Labour-Law-FBiH-2015.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | According to section 57 (1), a minor between 15 and 18 years of age may not perform particularly hard manual labour, underground or underwater works, or other jobs which could have a harmful effect or pose increased risks to their life and health, development or morality, given their psychological and physical capacities. |
| Minimum age for admission to apprenticeship | No information | C138 | No information | [{"link_name":"N/A","source_link":"No information"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | No information |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2003 | C138 | Framework Law on Primary and Secondary Education - Section 16 | [{"link_name":"Framework Law on Primary and Secondary Education","source_link":"https://aposo.gov.ba/sadrzaj/uploads/Framework-Law.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | According to Section 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina, primary education is free and compulsory for all children and lasts for eight or nine years. Compulsory education starts at the age of six years and continues for a period of eight years with an exception of nine years in the Republika Srpska, Brcko District and the Federation of Bosnia and Herzegovina. This period of eight or nine years’ compulsory education may be completed between the ages of 13 and 15, the latter being the minimum age specified by the Government. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"N/A"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Light work is not allowed. |
| Minimum age for light work | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"N/A"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Light work is not allowed. |
| Minimum age for admission to work | 2016-08-05 | C138 | Labour Law of the Federation of Bosnia and Herzegovina - Section 20 | [{"link_name":"Labour Law of the Federation of Bosnia and Herzegovina","source_link":"https://advokat-prnjavorac.com/legislation/Labour-Law-FBiH-2015.pdf"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Pursuant to Section 20 (1) of the Labour Law, a Labour contract may not be concluded with a person less than 15 years of age, nor can such person be employed for any type of work. (2) A person between 15 and 18 years of age may conclude a labour contract, i.e., take up employment, with the consent of their legal representative and provided that they have obtained a medical certificate of general health proving ability to work, issued by an authorised medical doctor or a competent health institution. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2003-06-18 | C182 | Criminal Code - Article 195 | [{"link_name":"Criminal Code","source_link":"https://rm.coe.int/bih-criminal-code-consolidated-text/16806415c8"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 195 of the Criminal Code prohibits illicit trafficking in narcotic drugs but does not mention the act of procuring or offering a child for the production and trafficking of drugs. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2003-06-18 | C182 | Criminal Code - Section 186(4) | [{"link_name":"Criminal Code","source_link":"https://rm.coe.int/bih-criminal-code-consolidated-text/16806415c8"}] | No | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Section 186(4) of the Criminal Code prohibits procuring or offering of a child for prostitution but does not contain a prohibition on the use of a child for pornography. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2005-10-05 | C182 | Law on Defence of Bosnia and Herzegovina - Section 79 | [{"link_name":"Law on Defence of Bosnia and Herzegovina","source_link":"https://www.ohr.int/ohr-dept/legal/laws-of-bih/pdf/014%20-%20ARMY%20LEGISLATION/BH%20Law%20on%20Defence%20of%20Bosnia%20and%20Herzegovina%2088-05.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | While Section 79 of the Law on Defence abolishes the compulsory recruitment of the citizens of Bosnia and Herzegovina, Section 9 of the Law on Service in the Armed Forces of Bosnia and Herzegovina, states that only persons who have attained 18 years of age shall be admitted into military service. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2003-06-18 | C182 | Criminal Code - Section 185(2), Section 186(2) | [{"link_name":"Criminal Code","source_link":"https://rm.coe.int/bih-criminal-code-consolidated-text/16806415c8"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Pursuant to the Criminal Code of Bosnia and Herzegovina of 27 June 2003, transnational trafficking (section 185(2)) and organised transnational trafficking of persons under 18 years of age (section 186(2)) are criminal offences. According to section 186 of the Criminal Code, any person who takes part in the recruitment, transfer, harbouring or receipt of persons by means of threat, coercion, abduction, of deception, of the abuse of power or of the giving or receiving of payments or benefits, for the purpose of exploitation shall be punished by imprisonment for a term between one and ten years. Subsection (2) of section 186 further states that where such offence is committed against a juvenile (a person who has not reached 18 years of age, section (1)), the punishment shall be imprisonment for not less than five years. The term “exploitation” as used in this provision shall include exploiting by way of prostitution or other forms of sexual exploitation, forced labour, slavery or slavery-like practices. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 05-OCT-2001 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 02-JUN-1993 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The goal of the action Plan was to define priority goals and measures that need to be taken between 2011 and 2014 in order to create the most favorable living conditions for children and families, their healthy mental and physical development, social inclusion and participation in decision-making processes, all in the best interest of children. | [{"link_name":"Action Plan for Children of Bosnia and Herzegovina","source_link":"https://www.unicef.org/bih/en/stories/action-plan-children-2015-2018-poverty-remains-biggest-problem"}] | 2015–2018 | Action Plan for Children of Bosnia and Herzegovina | Council for Children of bosnia and herzegovina |