Harassment, gender (sexual) harassment, mobbing, incitement to discrimination or giving orders to discriminate are defined as "other forms of discrimination" within the Law on Prohibition of Discrimination. As with direct and indirect discrimination, in the case of these forms of discrimination, the transfer of the burden of proof switches to defendant if the plaintiff corroborate allegations that the prohibition of discrimination is violated. But the basic specificity of "other forms of discrimination" is that proving them does not require the use of comparative tests and comparators.

Analitika's new Commentary aims to highlight the key specifics of other forms of discrimination and their proving, which judges, but also the representatives of the victims of discrimination, should have in mind in the court proceedings for protection from discrimination.

This Commentary is published within the project “Equality for All: Civil Society Coalition against Discrimination“, and is implemented in cooperation with Mediacentar Sarajevo, Analitika – Center for Social Research, Rights for All and Vaša prava BiH. This project is financed by USAID and Open Society Fund Bosnia and Herzegovina.

This publication is published by the generous support of the American People through the United States Agency for International Development (USAID). The contents of this Commentary are the sole responsibility of the author and do not necessarily reflect the views of USAID or the United States Government.

More information about the AD program is available at: www.diskriminacija.ba.

The publication in local languages is available HERE.