PRESS RELEASE / First Legal Recognition of a Child Born from War Rape: Rights Must Be More ThanJust Words!

The Forgotten Children of War Association informs the public that, for the first time,
the Commission for Expert Opinions on Special War Victim Status has officially
recognized the status of a child born from war-related sexual violence in the
Federation of Bosnia and Herzegovina.

We extend our deepest gratitude to all who contributed to this achievement,
especially the citizens of Bosnia and Herzegovina, who have created space for
understanding, encouraged dialogue, and supported the fight for the rights of children
born as a result of war.

For the past eight years, the Forgotten Children of War Association has worked to
provide legal and social support to these children. Throughout history and across the
world, conflicts have led to the birth of “war children” – those who might not have

been less likely to be born had war in the region not occurred. This includes children
conceived through war-related sexual violence as well as those whose fathers were
UN peacekeepers or foreign humanitarian workers and whose mothers were local
women.

Thanks to the dedication of our association, our partners, and organizations
supporting war survivors, we have made significant legal and social progress. In
2022, Brčko District recognized the rights of children born from war, followed by the
Federation of Bosnia and Herzegovina in 2023, marking a crucial step toward justice
and equal rights and opportunities for children born as result of war.

As advocates for children born due to war, we emphasize that Bosnia and
Herzegovina has set a new international standard for recognizing the rights of
children born from war rape with the executive and legislative authorities of the
Federation of Bosnia and Herzegovina taking responsibility for the proper
implementation of the War Victims Protection Law in the cantons. This call on the
Republic of Srpska to begin drafting similar legal measures to ensure protection for
the category of children born from war rape.

Under the Law on the Protection of War Victims in the Federation of Bosnia and
Herzegovina, the law grants specific rights to children born from war sexual violence,
such as vocational training, priority employment, housing, free legal aid, and
improved educational opportunities for children born from such acts of violence.
These rights apply to individuals up to 35 years old, recognizing their unique
circumstances as a special category of war victims.

It is our responsibility to remind the relevant institutions that the law is based on the
principle of shared jurisdiction, meaning that the realization of the rights belonging to
children born from war rape is under the jurisdiction of the cantonal authorities.
The realization of these rights falls under the jurisdiction of cantonal authorities,
meaning that each canton in Federation of Bosnia and Herzegovina must align its
regulations with federal law. Delaying this process can be extremely harmful to
children born as a result of war, as some rights are time-sensitive. If the
harmonization of cantonal regulations is delayed, there is a risk that the rights
granted by the federal law will remain merely theoretical, which would lead to further
neglect of this newly regulated, special legal category.

We urge the need for a prompt process of harmonizing cantonal laws with the federal
regulations, and expect the scope of benefits for this category to increase. Creating
specific programs in education, employment, housing, and other areas of social and
healthcare protection is increasingly crucial, given the long-term neglect of this group
by the state over the past three decades.
Valuing cross-sectoral cooperation, the Association is ready to support cantonal
authorities in ensuring adequate protection for children born due to war, adhering to
established principles for the most effective protection of this special group.
The Law on the Protection of War Victims in the Federation of Bosnia and
Herzegovina has been in effect since January 1, 2024, and we strongly emphasize

the urgent need for the harmonization of cantonal laws with the federal law to ensure
the realization of these rights. The rights of children born from war sexual violence
must not remain unused and unimplemented. Such a situation would further
contribute to the neglect of this legal category, which is unacceptable.

In the coming months, the Association will give the space for cooperation, and we
also inform the users of the War Victims Protection Law across all cantons of the
Federation of Bosnia and Herzegovina that, through social media and campaigns, we
will more clearly present the Law and its Regulations. Our mobile legal team will be
available in different cities to provide adequate legal support to anyone wishing to
obtain the status of a child born from war sexual violence.