Petition launched to lift the complete ban on movement for children and those under 18

(Patria) - An informal group of parents has launched an online petition to lift the complete ban on movement for children and young people under 18.

The petition was signed by over 2,500 people in less than 24 hours.

Citizens of Bosnia and Herzegovina, through this petition, demand an amendment to the Order of the Federal Civil Protection Headquarters number: 12-40-6-148-34/20, dated 20.03.2020, which orders a complete ban on movement for persons under 18 and over 65 in the territory of the Federation of BiH. 

The complete ban on movement for persons under 18 is unjustified, disproportionate, and discriminatory. It is not disputed that the authorities, during a state of emergency/disaster, have the power to issue orders that will restrict human rights and freedoms for the purpose of protecting public health and safety. However, for such orders to be legitimate and lawful, they must be proportionate and non-discriminatory. The proportionality of such measures implies that the degree of restriction of human rights must be commensurate with the reason and purpose of such a measure. 

Our society, and especially the authorities, should ask the question: Do children potentially contribute to the spread of the coronavirus epidemic to an extent that justifies a drastic and severe restriction of their basic human right - the right to freedom of movement? Is their contribution to the spread of the epidemic greater compared to other age groups to justify a stricter ban on movement for them? According to all relevant indicators, children do not belong to the risk group affected by the coronavirus. 

Besides not being a risk group in terms of the consequences of a possible illness, persons under 18 as potential carriers of the coronavirus are no more dangerous than other age groups! No study or practice so far has indicated that persons under 18 are particularly dangerous carriers of the virus that could justify the adoption of stricter measures towards this age group. Practice from the country and the world so far does not indicate cases where children have significantly contributed to the spread of the epidemic. No country in the region, nor in Europe, has adopted this or a similar measure (the exception is a complete quarantine in some countries that applies to all age groups).

The World Health Organization has not issued a single recommendation regarding the possible treatment of children with special measures. On the contrary - the WHO, the UN, but also the Ministry of Human Rights of Bosnia and Herzegovina have issued clear recommendations that the authorities, even during an epidemiological crisis, are obliged to have a uniform approach towards all categories of residents, and to prevent discrimination based on age or any other grounds.

It should be recalled that the Convention on the Rights of the Child is contained in Annex I of the Constitution of Bosnia and Herzegovina, that this Convention therefore has constitutional force, and priority in application over other laws and by-laws. Therefore, the rights and freedoms of children should enjoy the highest degree of protection, even greater than other age groups.

The current measure of a complete ban on movement for persons under 18 means a de facto imposition of house arrest without, for now, a clearly defined duration. Such a measure, if it persists, will cause disturbances in the psycho-physical development of children and young people, as experts are already warning.

The above indicates that the measure of a complete ban on movement for persons under 18 is discriminatory, unnecessary, and disproportionate to its purpose. This ban does not meet any condition to be legitimate, lawful, and in accordance with the Constitution. The same purpose of preserving public health can be achieved with a milder measure, and in this sense, we demand an amendment to the Order of the Federal Civil Protection Headquarters number: 12-40-6-148-34/20, dated 20.03.2020, in such a way that the complete ban on movement for persons under 18 is lifted, and that instead of such a measure, some of the following measures are adopted (with necessary expert consultation):

- movement of persons under 14 without the accompaniment of a parent/guardian is prohibited
- use of sports fields and children's playgrounds with accompanying equipment and infrastructure (slides, swings, seesaws, etc.) is prohibited
- any gathering of persons under 18 is prohibited, and mandatory compliance with a physical distance of 1.5 meters as well as other general epidemiological measures is ordered.

The aforementioned milder measures would achieve the same purpose, without abolishing the fundamental human right of children and young people to freedom of movement.