Lesbian, gay, bisexual, and transgender (LGBT) persons in Bosnia and Herzegovina may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Bosnia and Herzegovina. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Bosnia and Herzegovina is a secular country composed of mainly Muslims and Christians (Catholic and Orthodox). While officially secular, religion plays an important role in Bosnian society. As such, attitudes towards members of the LGBT community tend to be quite conservative. Some LGBT events, most notably the Queer Sarajevo Festival 2008, have ended in violence, when "a combination of football fans and religious extremists" stormed the festival while shouting death threats and religious phrases. According to a 2015 survey, 51% of LGBT Bosnians and Herzegovinians reported some form of discrimination directed against them, including verbal abuse, harassment and even physical violence.
Nevertheless, attitudes are changing. In 2016, the Government approved a comprehensive anti-discrimination law, banning discrimination on account of one's sexual orientation, gender identity and sex characteristics. More and more gay bars and venues have opened, especially in the capital city of Sarajevo. Bosnia and Herzegovina's desire to join the European Union has also played an important role in the Government's approach to LGBT rights. The association ILGA-Europe has ranked Bosnia and Herzegovina 22 out of the 49 countries in the Council of Europe in terms of LGBT rights legislation.
Law regarding same-sex sexual activity
Bosnia and Herzegovina is a federation consisting of two entities, namely the Federation of Bosnia and Herzegovina and the Republika Srpska. Same-sex sexual activity was legalized in the Federation of Bosnia and Herzegovina in 1996 and in the Republika Srpska in 1998, by those two entities adopting their own criminal laws. The Brčko District followed suit and legalized homosexuality in 2003, making it legal nationwide since then. The age of consent is equal and set at 14 years, regardless of gender and/or sexual orientation (having sexual relations with a person under 14 is considered statutory rape).
Recognition of same-sex relationships
There is no legal recognition of same-sex couples on a national or subnational level. The Constitution of Bosnia and Herzegovina remains silent on gender eligibility for a marriage, and on a subnational scale, both entities, the Federation of Bosnia and Herzegovina and the Republika Srpska, limit marriage to opposite-sex couples, as prescribed by their respective family codes.
On 19 October 2018, the Federation of Bosnia and Herzegovina (FBiH) adopted a request for the legalisation of civil unions. "The said item was on the session agenda and it was adopted in the same form as it was proposed," FBiH Prime Minister Fadil Novalić said. The Government will now form a working group to analyse the proposal, which will need to be later adopted by the Parliament. The working group was established in January 2020 and was due to start working in April 2020, but the start was postponed due to the COVID-19 pandemic.
Discrimination protections
Article 12 of the Law on Equality of Sexes (), adopted in early 2003, prohibits discrimination based on gender and sexual orientation. Sexual orientation is not explicitly defined, however.
The labour law of the Federation of Bosnia and Herzegovina (FBiH) also explicitly prohibits discrimination based on sexual orientation, as does Brčko District's labour law.
The Law Against Discrimination () was adopted in 2009, prohibiting discrimination based on sex, gender expression and sexual orientation. Furthermore, the law forbids harassment and segregation on the basis of sexual orientation. Article 2 of the law states as follows:
In July 2016, the Bosnian Parliament adopted a bill amending anti-discrimination laws to explicitly prohibit discrimination based on sexual orientation, gender identity and sex characteristics.
Hate crime laws
In April 2016, the Federation of Bosnia and Herzegovina approved amendments to its Criminal Code by outlawing hate crimes on the basis of sexual orientation and gender identity. The law was published in the official gazette on 15 June 2016. Similar bans already existed in Republika Srpska and the Brčko District.
Gender identity and expression
Transgender people may change their legal gender in Bosnia and Herzegovina after having undergone sex reassignment surgery and other medical treatments.