When, on 25 September 2025, the caucuses in the House of Representatives of the Parliament of the Federation of BiH submitted the Proposal to Amend the Law on the Rights, Obligations and Responsibilities of Patients in FBiH into parliamentary procedure, it seemed that a key step had finally been made toward ensuring that continuous birth companionship becomes a legally guaranteed right for all women in the Federation.

In the same month, the House of Representatives forwarded the draft law to the FBiH Government for its opinion. In line with the Rules of Procedure of the House, the Government had 30 days to respond to the proposed amendments. Although the deadline has passed, the Government’s opinion has still not been delivered. As a result, the draft law has effectively become “stuck” between the legislature and the executive, with no clear explanation as to why.

According to Baby Steps, this is precisely why the caucuses of Naša Stranka, Povjerenje (Narod i Pravda, SPU BiH), the Social Democratic Party of BiH – SDP BiH, “Željko Komšić – For a Civic State – DF/GS,” and the Party for Bosnia and Herzegovina—who originally submitted the proposal—have now formally requested that the draft law be placed on the agenda and considered under an accelerated procedure, which is fully legitimate and in accordance with the Rules of Procedure.

If a majority of representatives support this request and the draft law is added to the agenda, it could be voted on during the same session.

“Because this is not just another legal issue – it is an essential matter of women’s dignity, health, and rights, and it cannot be delayed. That is why this law matters. Only a legal obligation can ensure that the rights of women in childbirth are respected equally everywhere, without exception and without arbitrariness. This is not a matter of luxury, but of a fundamental human right to support, safety, and dignity during one of the most important moments in life. As we often say – if there is will, there is a way; if there isn’t, there are excuses. And this law can be adopted quickly and easily, if the will exists,” said Amila Tatarević from Baby Steps, an organization which, with the support of the PRAGG project, advocates for legally regulating the right to a birth companion.
The amendment clearly defines birth companionship as a patient’s right and an important safeguard of a woman’s dignity during childbirth.

“With this proposed amendment, we are asking that every woman in the Federation of BiH—regardless of the city or maternity ward—has an equal and legally guaranteed right to have a person of her choice by her side throughout the entire birthing process. In other words, that this is no longer left to the goodwill of individual hospitals or the momentary decisions of on-duty staff, but clearly established as the right of every patient,” explained Tatarević.
Furthermore, the proposed amendment does not introduce a new medical procedure, but rather obliges the system to comply with what medical professionals already recommend: continuous companionship by a person chosen by the birthing woman.

Baby Steps emphasizes that the amendment also specifies monitoring mechanisms and sanctions.

“The law already contains penalty provisions related to violations of patient dignity, and we expanded this category to include the denial of the right to companionship. This means that any health institution that prohibits the presence of a companion without a valid, documented medical reason will bear legal responsibility and may face financial sanctions. Ensuring compliance will not require any new mechanisms, as it will fall under the existing oversight system governing the implementation of the Law on Patients’ Rights, which includes inspectorates, ministries of health, and the management boards of health institutions,” added Tatarević.
The organization stresses that the Parliament of the Federation of BiH now faces “one of the simplest decisions they can make: place the amendment on the agenda and adopt a law that guarantees women the right to a companion throughout childbirth,” and further notes:

“We have no time to waste. Every day without the right to companionship is a day in which a woman is denied dignity and support during the most important moment of her life. So even if the law is slow, we will continue changing practice—from the ground up, through women and communities—until the law becomes what practice already shows is right.”