Language is more than just words—it’s identity, heritage, and a bridge between generations. In Bosnia and Herzegovina (BiH), a country with a rich linguistic and cultural tapestry, the right to language has become a battleground. From political disputes to real-life consequences for students, the struggle over language rights reflects deeper tensions that continue to shape the nation.
Legal Status of Languages in Bosnia and Herzegovina
Bosnia and Herzegovina’s Constitution does not explicitly regulate the use of official languages at the state level. However, the preamble enshrines the principle of constituent peoples, which includes the recognition of collective rights, such as language, as an essential part of national identity.
The Federation of Bosnia and Herzegovina (FBiH) Constitution recognizes Bosnian, Croatian, and Serbian as official languages, with Latin and Cyrillic as official scripts. However, at the cantonal level, inconsistencies arise. The constitutions of several cantons—including West Herzegovina, Herzegovina-Neretva, Posavina, and Canton 10—marginalize the Serbian and Bosnian languages by designating “Croatian and Bosniak” as official. This terminology contradicts a 1998 Constitutional Court ruling, which deemed the term “Bosniak language” unconstitutional.
In Republika Srpska, the Constitution recognizes the languages of the Serbian, Bosniak, and Croatian peoples as official. However, in practice, Bosniak children are denied the right to study their language under the name “Bosnian” and must accept the designation “Language of the Bosniak People.” This directly contradicts constitutional guarantees of linguistic self-determination and is a source of long-standing legal disputes and protests.
Brčko District, on the other hand, offers a more inclusive model, recognizing Bosnian, Croatian, and Serbian as official languages with equal standing.
The Impact on Education and Everyday Life
Language discrimination in BiH extends beyond legal documents—it affects everyday life, particularly in education. Schools in Republika Srpska deny students the right to learn in Bosnian, forcing an imposed linguistic identity. Similarly, certain cantons in the Federation fail to provide equal status to Serbian and Cyrillic script, further deepening ethnic divides.
For minority communities, such as the Roma, the situation is even more dire. There is no structured education in the Romani language, and cultural awareness of their linguistic heritage remains extremely limited. The lack of institutional support accelerates the disappearance of minority languages, contributing to the loss of cultural identity.
Why Recognizing Linguistic Rights Matters
The ability to use one’s language freely is a fundamental human right. The Universal Declaration of Human Rights and the European Convention on Human Rights underscore the right to linguistic expression in both public and private spheres. Historically, suppressing minority languages has been used as a tool of assimilation, often leading to cultural erosion and exclusion.
Failure to acknowledge linguistic diversity fuels distrust and widens ethnic and national divides. Recognizing and protecting language rights fosters inclusivity, builds mutual understanding, and plays a crucial role in long-term peacebuilding efforts in post-conflict societies like BiH.
Key European Court of Human Rights Rulings on Language Rights
Although language rights are not explicitly stated in the European Convention on Human Rights, they are protected under Article 2 of Protocol No. 1, which guarantees the right to education, and Article 14, which prohibits discrimination.
One landmark case, the Belgian Linguistics Case, involved French-speaking children in Dutch-speaking regions of Belgium who were denied education in their native language. The European Court of Human Rights ruled that this restriction was discriminatory and violated the Convention. This precedent confirms that states must provide equitable linguistic access in education.
Another case, Altınay v. Turkey, found that changes to the university admission system disproportionately affected certain linguistic groups. The ruling emphasized that even when implementing broad educational reforms, governments must ensure that they do not unintentionally discriminate based on language.
Necessary Reforms to Ensure Equal Language Rights in BiH
For Bosnia and Herzegovina to achieve genuine linguistic equality, the following measures must be implemented:
- Harmonization of Cantonal Constitutions – Aligning cantonal constitutional provisions with the Federation Constitution to eliminate discriminatory language policies.
- Enforcement of Court Rulings – Ensuring compliance with legal decisions that confirm the right to linguistic self-identification and education in one’s mother tongue.
- Awareness and Training – Educating government officials, educators, and public servants about legal obligations regarding language rights.
- Clarification of Legal Terms – Establishing an authoritative interpretation of the term “Language of the Bosniak People” to prevent its misuse as a tool of exclusion.
- Active Legal Advocacy – Encouraging individuals to challenge language discrimination through legal channels, such as complaints to human rights institutions and strategic litigation.
Final Thoughts: Language as a Bridge, Not a Barrier
Unfortunately, linguistic disputes in Bosnia and Herzegovina remain deeply politicized. Rather than being a unifying cultural element, language is often weaponized to maintain divisions. However, achieving full linguistic equality is essential for fostering trust, social cohesion, and peacebuilding in the country.
By embracing language as a means of cultural expression rather than political separation, BiH can move towards a more inclusive and fair society. The challenge now is whether policymakers and institutions will take the necessary steps to ensure that linguistic rights are not just theoretical guarantees, but practical realities for all citizens.