CEDH · CASELAW;COMMUNICATEDCASES;ENG — 25 septembre 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 14 October 2024   FOURTH SECTION Application no. 11103/23 Dragana STANKOVIĆ against Bosnia and Herzegovina lodged on 28 February 2023 communicated on 25 September 2024 SUBJECT MATTER OF THE CASE The applicant is a self-employed practising lawyer. She participated in the compulsory health insurance scheme with the Republika Srpska Health Insurance Fund. Until 2001 self-employed insured persons were entitled to a paid maternity and paternity leave. Following 2001 amendments to the 1996 Child Care Act only insured employees were entitled to this benefit. Consequently, in 2019 the domestic authorities refused the applicant’s request for paid maternity leave. On 18   October 2022 (served on the applicant on 31   October 2022), the Constitutional Court examined her discrimination complaint only under Article 1 of Protocol No. 12 and found no violation of that provision. The new Child Care Act which entered into force in 2020 envisages paid maternity and paternity leave for all categories of insured persons. Relying on Article 14 in conjunction with Article 8 of the Convention, and on Article 1 of Protocol No. 12 to the Convention, the applicant complains that she was treated differently on the basis of her professional status.   QUESTION TO THE PARTIES Was the refusal by the administrative authorities of the applicant’s request for a paid maternity leave contrary to Article 14 of the Convention read in conjunction with Article 8, and/or Article   1 of Protocol No. 12 to the Convention (see Pinkas and Others v. Bosnia and Herzegovina , no. 8701/21, 4   October 2022, and, mutatis mutandis, Jurčić v. Croatia , no.   54711/15, 4   February 2021)?   The Government are requested to submit the draft 2001 amendments to the 1996 Child Care Act containing the reasons for their adoption ( travaux préparatoires) .