In a groundbreaking victory for the Association of Freelancers in Bosnia and Herzegovina, the Institution of Ombudsman has issued a pivotal recommendation addressing significant issues of discrimination and violation of property rights faced by freelancers. This case, which we had the honor of representing, has brought long-overdue recognition to the challenges freelancers endure, particularly around unfair taxation and lack of social security benefits.
The Freelancers’ Struggle: A Case of Unfair Treatment
Freelancers in Bosnia and Herzegovina have long faced systemic challenges, with many being required to pay into social security systems without receiving the corresponding benefits. This disparity has left freelancers contributing financially to the system without the basic protections that are afforded to other workers, such as healthcare and pension rights.
The Ombudsman’s recent decision centers on these long-standing grievances, affirming that the freelancers were subjected to both indirect discrimination and a violation of their property rights.
Key Findings: A Victory for Freelancers
In its formal recommendation, the Ombudsman highlighted two critical issues:
- Indirect Discrimination: Freelancers were found to be disproportionately impacted by policies that treated them differently from other employees, despite making comparable contributions to the social security system. This constitutes indirect discrimination, where laws that appear neutral on the surface unjustly impact a specific group.
- Violation of Property Rights: The requirement that freelancers pay into social security systems without receiving proportional benefits was deemed a violation of their property rights. According to the Ombudsman, the financial contributions made by freelancers should be viewed as a form of property, and denying them access to rightful benefits constitutes a misuse of these contributions.
The Broader Significance: A Precedent for Fairness
This victory has far-reaching implications for the freelance community and workers across Bosnia and Herzegovina. The Ombudsman’s recommendation sets an important precedent, signaling that the systemic inequalities freelancers face will no longer go unchallenged.
This ruling has the potential to spur broader legal reforms, addressing not only the specific issues freelancers face but also how other non-traditional workers are treated under the law. It is a reminder that all workers, regardless of their employment status, deserve equal treatment and respect under the law.
Moving Forward: What This Means for Freelancers
For freelancers across the country, this is a landmark moment. The Institution of Ombudsman has recognized their right to fair treatment and highlighted the importance of protecting property rights. While this battle has been won, the road to full recognition and equal rights for freelancers remains ongoing.
For policymakers, this decision serves as a wake-up call to address the gaps in the legal framework governing freelance work. In an increasingly digital and global economy, freelance work is growing, and the laws need to evolve to reflect this reality.
For the public, this case illustrates the broader importance of defending fundamental rights. When one segment of society is unfairly treated, it weakens the rule of law for everyone. The recognition of freelancers’ rights is a step towards a more just and equitable system.
Conclusion: A Milestone for Justice and Equality
This victory for the Association of Freelancers in Bosnia and Herzegovina is a significant milestone in the ongoing struggle for equal rights. It underscores the importance of standing up against discrimination and defending property rights for all citizens, regardless of their employment status. While the battle for comprehensive reform continues, this decision is a strong step forward toward justice, equality, and the fair treatment of all workers in Bosnia and Herzegovina.
The fight is not over, but this victory is a clear sign that progress is being made.
