Between law and reality: prosecuting forced marriage in Bosnia and Herzegovina

This article examines the prosecution of forced marriage in Bosnia and Herzegovina, situating the phenomenon within its theoretical, doctrinal, and comparative legal dimensions. It highlights the fragmented criminal law framework across the Federation of Bosnia and Herzegovina, Republika Srpska, and the Brčko District, noting significant divergences in definitions, scope, and victim protection. While the criminalisation of forced marriage represents a step forward, narrow conceptions of coercion, inconsistent treatment of minors, and the absence of integrated victim support undermine effective protection. The analysis also explores the intersection between forced marriage and human trafficking, emphasising how inconsistent recognition across jurisdictions limits access to the broader protective regime afforded to trafficking victims. The article concludes that legislative harmonisation, a broader understanding of coercion, and the adoption of victim-centred measures are essential for Bosnia and Herzegovina to comply with its constitutional and international obligations, and to align with the acquis communautaire of the European Union.

forced marriage; human trafficking; Bosnia and Herzegovina; criminal law; victim protection.