Human Rights Council
Working Group on the Universal Periodic Review Thirty-sixth session
4–15 May 2020
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*
Croatia
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
General Assembly Distr.: General 25 February 2020
Original: English
I. Methodology
1. In early 2019, the Republic of Croatia (RC) submitted the voluntary and extensive Mid-term Report on the follow-up of the recommendations of the second cycle (MTR)1. 2. The third report under the Universal Periodic Review (UPR) is submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21. It was compiled in coordination of the Ministry of Foreign and European Affairs (MFEA), in cooperation with the following competent state administration bodies: the Ministry of Justice (MJ); the Ministry of the Interior (MI); the Ministry of Demography, Family, Youth and Social Policy (MDFYSP); the Ministry of Science and Education (MSE); the Ministry of Public Administration (MPA); the Ministry of Labour and the Pension System (MLPS);
the Ministry of Croatian Veterans (MCV); the Office for Human Rights and Rights of National Minorities (OHRRNM); the Gender Equality Office (GEO); the Central State Office for Reconstruction and Housing Care (CSORHC) and the State Attorney’s Office of the Republic of Croatia (SAORC). Interactive discussions with the civil society (November 2019) and members of the Parliament (January 2020) were held and a number of proposals put forward were adopted2. The Report was adopted by the Government of the RC (Government) on 23 January 2020.
II. Legislative and institutional framework and the promotion and protection of human rights – examples of good practice
3. The achieved legislative progress and challenges in practice in the protection of human rights will be a part of the introductory speech by the Croatian delegation at the presentation of the Report.
4. To support the presented implementation of recommendations (Chapter III), the following is used to give an overview of several examples of good practice (selected priority topics – fight against violence and poverty and war crimes) (Chapter II):
• following the ratification of the Istanbul Convention, the Government adopted a new Protocol to be followed in Cases of Sexual Violence (2018) with a view to introducing a standardised procedure towards victims, ensuring uniform practice of competent bodies and institutions and providing quality and efficient assistance to victims3;
• the Protocol on Procedures to be followed in Cases of Domestic Violence (June 2019) – see paragraph 33.
• in 2014-2015, the project “My Voice against Violence”, by the GEO and partner associations, (EU funds – EUR 202,680) was implemented with the aim to raise awareness, especially of young people, about the unacceptability of all forms of violence against women and girls; a public campaign was conducted, a video spot
“Dust” was created and re-broadcast in 2017–2018; educational workshops were organised in schools and an international conference on sexual violence was held;
the Istanbul Convention was printed for the first time within the framework of the project;
• the MI, in cooperation with representatives of the education system, the welfare system, the judiciary, the specialised ombudsman’s offices and LRSGU, business entities, institutions, media and CSOs, developed a new prevention project
“LILY”, directed to preventing all forms of violence against women and promoting awareness on the importance of gender equality and life without violence4.
5. In addition to the Social Welfare Act, the Strategy for Combating Poverty and Social Exclusion 2014-2020 was also adopted, which defines the most vulnerable groups exposed to poverty and social exclusion (children and young people, elderly people and pensioners, unemployed persons and persons with disabilities). A poverty map has also been developed and the Twinning project “Together against Child Poverty” (a joint project
implemented. To alleviate poverty, under the Fund for European Aid for the Most Deprived, contracts have been concluded with 32 beneficiaries in the amount of HRK 163.14 million. HRK 85.02 million were contracted for co-financing school meals for children at risk of poverty in school years 2016/2017, 2017/2018 and 2018/2019 and 9.3 million meals were provided for 30.000 children annually. A call in the amount of HRK 25 million was published for the new school year.
6. In 2015, the State Attorney General of the RC, the Chief Prosecutor of Bosnia and Herzegovina, the War Crimes Prosecutor of the Republic of Serbia and the UN's resident coordinator in Bosnia and Herzegovina signed the Guidelines for the improvement of regional cooperation in prosecuting war crimes and searching for missing persons, on the basis of which the SAORC also participates in the UNDP project "Strengthening regional cooperation in the prosecution of war crimes and search for missing persons"5. 7. The MCV initiated the adoption of the Act on Missing Persons in the Homeland War (2019) which was adopted unanimously in the Croatian Parliament on 12 July 2019. Until then, there was no single law regulating non-material rights of persons missing in the Homeland War and members of their families. The Act ensures a higher level of protection of the right of families to learn the truth about the fate of their missing members and the preservation of dignity of missing persons.6
III. Implementation of the recommendations of the second UPR cycle
International instruments and the reporting process7
8. Croatia is a party to almost all international instruments in the area of human rights. In 2017, Croatia ratified CRC-OP-IC and, in 2018, the CoE Convention on Preventing and Combating Violence against Women and Domestic Violence (hereinafter:
Istanbul Convention)8 and, in 2019, the CoE Convention against Trafficking in Human Organs. Ratification of ICPPED and OP-ICESCR is still under consideration. In the field of international protection and migration, in addition to ratification of the main instruments, the Convention relating to the Status of Refugees (1951) and its Protocol (1967), Croatia fulfils the accepted international obligation by directly applying regulations and transposing directives into its legislation9.
9. Croatia rejected UPR recommendations related to the ratification of ICRMW and MOR Convention 189 on male and female domestic workers10.
10. The drafting of the due reports is underway: CERD11; CRC; CRC-OP-SC and ICESCR. CSOs participate in the drafting of the reports.
11. Croatia rejected recommendation 5.41. for establishing an inter-ministerial committee responsible of the implementation of its international obligations12. With respect to recommendation 5.23. to recognise the competence of the Committee on Elimination of All Forms of Racial Discrimination pursuant to Article 14 of CERD, we hereby state that Croatia has a comprehensive national legislative framework for individual complaints in the area of human rights, including violations of rights whose protection is a part of CERD.
Legislative and international framework13
The National Programme for Protection and Promotion of Human Rights 2019-2024 12. Drafting is underway14.
Activities of ombudsman’s offices
13. Ombudsman’s offices regularly submit their annual reports to the Croatian Parliament. In addition to the Ombudsman’s Office, there are also three specialised
ombudsman’s offices: for children, for gender equality and for persons with disabilities. To improve accessibility to citizens, regional ombudsman’s offices and offices of the ombudswoman for children (Rijeka, Osijek and Split) and of the ombudswoman for persons with disabilities (Osijek and Split) were set up.
14. Funds for the work of all offices of the Ombudsman have been secured in the state budget and increased annually, which is reflected in the number of employees (ten new employees in the period 2015-2019). The Office may acquire additional funds for special projects.
Human rights indicators
15. They are implemented through various activities. An example of good practice is the
“Comprehensive research of basic data for monitoring the implementation of the National Strategy for the Inclusion of Roma 2013-2020”.
Corruption
16. Bi-annual action plans are adopted for the implementation of the Anti-corruption Strategy 2015-2020. In May 2019, the Action Plan for 2019-2020 was adopted, which is also the last implementing document in the current strategic period. In February 2019, the Act on the Protection of Whistleblowers was adopted, which establishes a system for efficient reporting of irregularities and protection of the integrity of whistleblowers. The ombudsman was appointed as the external body for reporting irregularities. The Anti- corruption Programme for Companies Predominantly Owned by the State 2019-2020 was also adopted, with measures for strengthening anti-corruption mechanisms in managing public assets at the state level. The Act on Financing Political Activities, Election Campaigns and Referendums (2019) introduced an electronic system for monitoring financing (which facilitates financial reporting by supervisory mechanisms and public monitoring).
Health care of the population
17. The number and the distribution of healthcare institutions are determined by the Public Healthcare Service Network15.
Discrimination16
National Anti-discrimination Plan for the period 2017-2022
18. With the accompanying Action Plan 2017-2019 it includes measures, competent authorities, indicators and time frames for its implementation and financing. Its implementation has been monitored through reports submitted to the Government17.
Raising awareness
19. Professional seminars on hate crime and hate speech are organised for judges, attorneys-at-law, state attorneys, police and CSOs, during which public campaigns for fighting discrimination are presented.
Discrimination in employment
20. In 2019, a seminar for employers, workers’ representatives, commissioners for the protection of workers’ dignity, trade union commissioners and members of workers’
councils was organised to raise awareness about discrimination in the labour sector at local level and a campaign aimed at promoting a positive working environment was presented.
Hate crime, hate speech and defamation18
Criminal legislation
21. The CC defines hate crime as a criminal offence committed on account of a person's race, colour, religion, national or ethnic origin, language, disability, gender, sexual orientation or gender identity. Such conduct will be considered an aggravating circumstance if the CC does not expressly impose a more severe penalty19. The CC also prescribes the criminal offence of “public incitement to violence and hatred”20.
22. The CPA forbids discrimination in the criminal procedure21.
Mechanisms
23. The Anti-discrimination Action Plan 2017-2019 contains specific measures regarding prevention and fight against hate crime and hate speech, improvement of the system of data collection, organisation of round tables and campaigns, monitoring of the implementation of the Code of Conduct on countering illegal hate speech online, publication of annual data on cases of hate crime and records of support provided to hate crime victims The Interdepartmental Hate Crimes Monitoring Working Group is active, which was established for the exchange of information among competent bodies and for planning efficient prevention and fight against hate crime.
Training
24. Professional seminars on provisions of the CC regarding hate crime and hate speech (especially directed to members of national and gender minorities) for judges, attorneys-at- law, state attorneys, the police and CSOs are regularly organised22. Recommendations for fight against hate speech in the political arena and sanctioning of public incitement to violence and hatred form part of campaigns.
Prisons/torture23
Legislation
25. The criminal offence of torture and other cruel, inhuman or degrading treatment or punishment is prescribed in the CC and aligned with CAT24. Under the Act on the Execution of Prison Sentences, prison sentences are executed in the manner guaranteeing prisoner’s human dignity25. The CPA forbids undertaking any medical intervention on the defendant or witness or administering to him some such product intended to influence his will when giving his statement or to use force or threats. A statement obtained contrary to the prohibition may not be used as evidence in the proceedings.
The concept of individual assessment of a victim
26. Its introduction strengthened the position of the victim (the latest 2019 amendments of the CPA). The assessment is carried out by the body conducting the questioning, in cooperation with the bodies, organisations or institutions providing assistance and support to victims of criminal offences, and establishes whether there is a need to take special protection measures in respect of the victim and if yes, which ones. The individual assessment of a victim takes into account personal characteristics of the victim, the type and the circumstances of the criminal offence (victims of terrorism, organised crime, human trafficking, gender-based violence, violence in a close relationship, sexual violence and exploitation are duly included). The number of interviews of a victim is kept to a minimum.
Support to victims and witnesses
27. The goal of the National Strategy for the Development of the Victim and Witness Support System 2016-2020 is to provide appropriate support to victims and witnesses from the time of the commission of the criminal offence and during the proceedings. It is ensured by victim and witness support departments operating in courts and the Department for
support system and to establish new victim and witness support departments. Victim and witness support departments at seven county courts (competent for conducting war crimes procedures) provide emotional support to victims and witnesses (and their escorts present during interviews) and provide information on the rights of victims and witnesses.
Reducing overcrowding in prisons
28. The Probation Service monitors perpetrators exercising their punishment (or a part of it) at liberty. Penal policy has created the conditions for alternative sanctions (community service/suspended sentence under protective supervision) to be imposed more frequently on persons assessed as being at low risk of recidivism.
Treatment of minors
29. Minors are ensured the conditions for executing investigative imprisonment in accordance with the Juvenile Courts Act which has been aligned with the CRC and the Ordinance on House Rules in Prisons for Executing Investigative Imprisonment (2010).
Investigative imprisonment of a minor is applied only as a measure of last resort26. Criminal proceedings are urgent. Care is taken about the best interests of the minor, and the police operate in the presence of a parent or a guardian.
Guardianship
30. The Family Act sets out the procedure in relation to guardianship and the deprivation of legal capacity and has been aligned with the CRPD. The competent social welfare centre proposes to the court, ex officio, to initiate proceedings to deprive an adult of his/her legal capacity if it considers that the adult, on account of mental impairment or for other reasons, is unable to look after his or her own needs, rights and interests, or presents a risk to the rights and interests of other persons for which he or she has caring responsibilities, and appoints a special guardian. A court issues a decision only partially depriving a person of his or her legal capacity (the concept of full deprivation of legal capacity has been abolished) and determines the activities that the person concerned is not capable of performing on his/her own – he/she independently performs other activities and, to the best of his/her ability, provides his/her opinion in proceedings in which decisions are made regarding his/her rights.
31. A social welfare centre will place the person partially deprived of legal capacity under guardianship and appoint a guardian within 30 days of the court decision becoming non-appealable27.
Accommodation services
32. They are provided under the Social Welfare Act, as institutional or non-institutional care (foster families and family homes). A beneficiary may not be provided with accommodation services without his/her consent (or without consent of his/her guardian or legal representative), except in cases prescribed by law28.
Domestic violence29
Legislative framework
33. Domestic violence has been recognised as a criminal offence and a sentence of imprisonment of three years will be imposed on anyone who gravely violates the law on the protection against domestic violence and thus causes a family member or a close person to fear for his or her personal safety or the safety of persons he or she is close to or puts a family member or a close person into a degrading position and in doing so does not commit a more serious criminal offence. Thus, the CC covers more serious forms of domestic violence which go beyond the misdemeanour liability under the Act on Protection against Domestic Violence. The Act on Amendments to the CC (2018) introduced no statutory limitation for criminal prosecution, no statutory limitation for execution of sentences passed
for serious criminal offences of sexual abuse and sexual exploitation of children causing the death of the child and aggravation of punishment for these criminal offences.
34. The CPA prescribes that proceedings will be conducted without procrastination, and in the case of proceedings in which the defendant has been temporarily deprived of liberty, the court and state bodies will proceed with particular urgency30.
35. The new Act on Protection Against Domestic Violence systematises and prescribes a broad catalogue of rights of victims31 and extends the definition of domestic violence, which includes physical violence, physical punishment or other forms of humiliating treatment of children, psychological violence that causes injury to dignity or anxiety, sexual harassment, economic violence as an act of prohibiting or preventing the use of joint or personal property, inability to dispose of personal income or property acquired through personal means or through inheritance, disabling the opportunity to be employed, deprivation of resources for maintaining a common household and child care, neglecting the needs of a person with a disability or an elderly person that causes them anxiety or insults to their dignity and thereby causes bodily or mental suffering. Amendments to this Act and to the CC aimed at increasing protection of victims are under preparation.
36. In addition to the general catalogue of rights, the CPA also prescribes a separate catalogue of rights of victims of a criminal offence against sexual freedom. Under one of the principles of criminal proceedings, the CPA prohibits discrimination.
37. The MDFYSP prepared a new proposal of the Protocol on Procedures to be followed in Cases of Domestic Violence which was adopted by the Government in June 201932. A number of ordinances have been adopted33.
38. The CSORHC, in accordance with the Act on Housing Care in Supported Areas, carries out housing care of victims of domestic violence throughout Croatia - housing was provided to six families in 2019.
39. The National Strategy for Protection against Domestic Violence 2017-2022 is the continuation of the implementation of the national policy and is aimed at ensuring a higher level of protection and improving the quality of victim’s life34.
40. Since 1 October 2018, the Istanbul Convention has been in force for the RC and HRK 71,082,327.00 and HRK 70,566,264.00 were allocated for its implementation in 2018 and 2019, respectively35. From 2016 to 2019, the GEO printed the Convention in 1600 copies.
Assistance to the victim
41. The police operate with priority in preventing domestic violence and violence against women and make it possible for ombudspersons to gain insight into the procedures undertaken in concrete cases, which ensures an independent supervision of the effectiveness of investigations. In order to improve this cooperation, the “Monitoring body for comprehensive supervision, data collection, analysis of cases of femicide and reporting”
has been set up and police units for prevention and crime committed to the detriment of youth and family have been established. Criminal offences are statistically monitored by sex, age and kinship relationship between the victim and the perpetrator.
42. At first contact with the police victims are informed of their rights, orally and in writing36. The “Commission for the monitoring and improvement of the work of bodies engaged in criminal and misdemeanour proceedings and the enforcement of sanctions related to protection against domestic violence” is in charge of supervising the implementation of the Act on Protection against Domestic Violence. Police administrations use tailor-made forms containing information on the rights of, and support available to, various categories of victims (children, human trafficking, sexual freedoms), which were translated into more than 20 languages and are given to victims on a compulsory basis37. 43. In 2019, the MDFYSP launched a call for proposals for support to the work of counselling offices for victims of domestic violence – HRK 3,000,000.00 (counselling of victims and training of the counselling office staff).
Training
44. The MI intensified training38 and is continuously undertaking educational and preventive activities, in which it involves CSOs dealing with gender and sex equality and domestic violence39. Training is also conducted by the MDFYSP40 and the SAORC (further training of police officers, state attorneys and judges).
Gender-based violence
45. It is covered by the definition of hate crime (see paragraph 21). The CC prescribes a number of criminal offences (aggravated murder, female genital mutilation, serious bodily injury, serious criminal offences against sexual freedom, etc.) which are motivated by hatred as an aggravating circumstance and punished more severely.
46. Recommendations of the Committee on Human Rights on gender-based violence (2015) are implemented and, in accordance with the Welfare Act, services are provided to victims aimed at improving their quality of life. Providers of services (social welfare homes, centres providing community-bases services) provide accommodation, counselling and assistance in 19 shelters for victims of domestic violence. They are operated by CSOs, religious communities and other legal persons, and services are funded through a capitation system – HRK 3,400.00 per victim monthly. Support is provided to autonomous women’s shelters for domestic violence victims (triennial competitions – HRK 2,100,000.00 annually). New shelters in the remaining six counties are being established in order to achieve regional balance, in accordance with the Istanbul Convention.
47. Seminars are also conducted41. Freedom of expression of gender identity is guaranteed by the CC, which prescribes a criminal offence of violation of equality42.
Providing healthcare to victims of violence
48. A number of laws43 and ordinances govern the procedures to be followed in cases of domestic violence and/or child abuse and neglect. The Protocol on Procedures to be followed in Cases of Sexual Violence introduced a standardised procedure to be followed by competent authorities when dealing with victims44.
Women’s rights45
National Policy for Gender Equality
49. A new National Policy 2020-2024 is under preparation.
Raising awareness on gender equality
50. The GEO regularly informs the public about the Gender Equality Act and other anti- discrimination laws, and national and international documents and publishes and distributes them to a wide range of stakeholders. The GEO translated Council of Europe Recommendation CM/Rec (2019) on preventing and combating sexism (1000 copies were printed). About the GEO projects see endnotes46,47. As a sponsor it regularly supports the
“Woman of the Year” event (in the areas of entrepreneurship, culture and science) organised by the “Zaposlena” magazine.
51. Following the international initiative of the Mediterranean Network of Regulatory Authorities whose member is the Agency for Electronic Media, a new web portal zeneimediji.hr was launched, which deals with the position of women, gender equality and the role of media48.
52. The Government signed the EU Declaration of commitment on women in digital and entrusted the Central State Office for the Development of the Digital Society and the GEO to coordinate its implementation49.
Equality in politics
53. The local elections in 2017 brought an increase in the share of women in the representative and executive branches. Compared to 2013, the share of women municipal councillors rose by about 10.3% (from 15.7% to 26%), the share of women city councillors rose by almost 4% (from 23.1% to 27%), and the share of women county councillors rose by 6.1% (from 20.7% to 26.8%). The share of women deputy county-prefects rose by 7.4%
compared to 2013, from 22.2% to 29.6%. The share of women mayors rose by 1.6% and the share of women deputy mayors rose by 4%. The share of women municipal prefects rose by about 2%, while the share of women deputy municipal prefects rose by about 4%.
(Sources: State Bureau of Statistics, "Women and Men in Croatia in 2018" and the State Electoral Commission). In the last parliamentary elections in 2016, there were 39.7%
women candidates, and in the current Croatian Parliament they hold 20% of the parliamentary seats. Currently, the share of women ministers in the Government is 20%. At elections for the European Parliament (2019) on 33 lists of candidates in the RC there were 40.9% women - 5 women (41.6%) and 7 men were elected.
Fighting gender-based discrimination in the work environment
54. The Labour Market Act sets out an exhaustive list of exemptions50. The Labour Act prescribes absolute prohibition of dismissal of a pregnant woman and a mother on maternity or parental leave. The Gender Equality Act prohibits discrimination in the areas of employment and work. The employer may not refuse to employ a woman due to her pregnancy or offer her the conclusion of an employment contract under less favourable conditions. Campaigns and projects are also carried out51. In 2016, the Office of the Ombudswoman for Gender Equality, together with the CSO “Roda”, carried out a survey on the use of the right to a breastfeeding break during work time.
55. The project “Make a wish – a job creation programme for women” of the MLPS, complies with European standards and the guidelines for employment policies52.
56. The Croatian Bank for Reconstruction and Development offers a loan programme with the aim of development of small and medium-sized enterprises majority-owned by women.
The pension system
57. The category of additional pensionable service (2019) was introduced. Six months of service is added to all mothers, for each born or adopted child when realising the right to pension when they fulfil the condition of age and pensionable service for calculation of the pension (this contributes to reducing the difference between men and women). The Office of the Ombudswoman for Gender Equality, in partnership with various departments and CSOs launched an EU project called “Equal rights – equal pay – equal pensions” aimed at achieving gender equality and preventing poverty.
Rights of children53
National Strategy for the Rights of Children in the Republic of Croatia 2014-2020 58. It was adopted with the aim of improving a comprehensive and integral approach to children's rights and eliminating all forms of violence against children (annual reports are submitted to the Government)54.
Care for children
59. The Family Act contains the principle of the priority right of parents to care for the child, and the duty of the institutions to provide them with assistance is prescribed only when necessary and resorts to the principle of proportional and the mildest intervention in family life55. Obligatory insurance is introduced for standard and specialised foster parents (2019).
Discrimination of children
60. Any form of discrimination is prohibited by the Anti-Discrimination Act and the CPA, and protection from discrimination is the content of national documents56. The MDFYSP provides financial support to projects aimed at combating poverty and social exclusion, especially those providing school meals to primary school children coming from socially vulnerable families.
Prevention of violence and reintegration of victims
61. The Family Act regulates the protection of children and specifies the measures57. In addition to the National Strategy for Protection against Domestic Violence 2017-2022, cooperation is regulated by a number of documents58. The MDFYSP continuously provides financial support to counselling centres and shelters for women and children who are victims of domestic violence and to projects of CSOs (HRK 4,000,000.00 annually).
Successful work is done by the national call centre for children (116111).
Sexual violence
62. The CC prescribes criminal offences of sexual abuse and sexual exploitation of children, criminal offences against marriage, family and children and criminal offences against sexual freedom. The National Strategy for Protection against Domestic Violence 2017-2022 contains measures for the protection against sexual exploitation of children, and the new Protocol on Procedures to be followed in Cases of Sexual Violence” specifies the obligations and areas of cooperation. The MDFYSP provides financial support to CSO’s projects aimed at preventing sexual and emotional violence against children.
The right of children to education
63. It is ensured to every child in accordance with the CRC, laws and the National Strategy for the Rights of Children in the Republic of Croatia 2014-2020 which contains numerous measures59.
Inclusive education for children with developmental disabilities
64. Improvement measures are carried out throughout Croatia, including rural areas. The MSE provides funds for: employment in educational institutions (class assistants60, professional communication mediators who provide direct support to pupils with developmental disabilities), adapted forms of transport, teaching aids and school meals61. The MSE ensures education for 29,868 students with developmental disabilities in regular or special primary and secondary school institutions (ordinances were adopted62). The National Strategy for the Equalisation of Opportunities for Persons with Disabilities 2017- 2020 promotes: implementation of principles of universal design by enabling access to public services and public transport, training of professionals in the education system to prepare them to work with children with developmental disabilities and the introduction of this field of study in university curricula.
Education in the language and script of national minorities
65. It is guaranteed by the Constitution of the Republic of Croatia, the CARNM and the Act on Education in Languages and Scripts of National Minorities. This is realised through three education models: A) all subjects are taught in the language and script of a national minority; B) natural science subjects are taught in Croatian, while social sciences and humanities subjects are taught in the language of the national minority; and C) nurturing language and culture when, in addition to regular classes taught in Croatian, classes in the language and culture of the national minority are provided and taught in the minority language63 (for statistics see endnote64). Minority schools use textbooks from the parent country for learning their minority language (Czech, Hungarian, Serbian and Italian), but also for other subjects. Professional training is continually provided to class/subject teachers teaching in the language and script of national minorities.
Roma – equal access to education
66. The NRIS defines the activities for ensuring equal access of Roma to rights to education, to health and to live in a family environment, to their language and cultural identity65. More than HRK 10 million is allocated annually for the education of Roma66. Croatia does not implement a segregation policy. Roma children receive education together with other pupils, except in the areas where Roma are the majority. Therefore, in the Međimurje County (covering almost 1/3 of all Roma primary schoolers) there are classes with only/primarily Roma children67. The Government makes continuous efforts to establish an optimum ratio (30% Roma, 70% others) by providing conditions for it (facilities, transport, staff, etc.).
Pre-trial detention of minors
67. High standards are applied in the protection of minors. In accordance with the Juvenile Courts Act, the police must immediately, and no later than 24 hours from arrest (or no later than 12 hours from arrest in cases of criminal offences carrying a sentence of imprisonment of up to one year) hand over the arrested minor to the custody supervisor or release him/her (for further procedure see endnote68). Legislative amendments for transposition of Directive (EU) 2016/800 on Procedural Safeguards for Children who are Suspects or Accused persons in Criminal Proceedings are under preparation. Investigative imprisonment of a minor is applied only as a measure of last resort, in proportion to the seriousness of the offence and the expected sanction, and for the shortest necessary period of time and only if its purpose cannot be achieved by application of precautionary measures, temporary accommodation or investigative imprisonment at home69.
Children seeking international protection
68. Such children have the same right to primary and secondary education as children who are Croatian citizens70, and are placed in the international protection seeker reception centres (Zagreb; Kutina) and, shortly after arrival, included in the preschool and school system together with children who are Croatian citizens71.
Deinstitutionalisation
69. The “Plan for the deinstitutionalisation and transformation and prevention of institutionalisation 2018-2020” and the operation “Support to the process of deinstitutionalisation and prevention of institutionalisation of children and youth” (phase I in the amount of HRK 63,000,000.00 under the ESF) are underway. Seven projects in the amount of HRK 39.65 million have been contracted.
Persons with disabilities72
Implementation of the CRPD
70. The Government's Commission for Persons with Disabilities monitors the implementation of the Convention and, in 2017, it determined priorities for amendments to legislation in order to improve the quality of life of persons with disabilities and to comply with the Convention. The National Strategy for the Equalisation of Opportunities for Persons with Disabilities 2017-2020 strengthens the implementation of the Convention and the implementation of the principles of universal design and reasonable accommodation.
Through social welfare institutions73 a wide range of services aimed at improving the quality of life of families of persons with disabilities is provided. For the protection of these persons under the ESF, until November 2019 projects were conducted in the amount of EUR 28.6 million, and an additional amount of EUR 32.33 million has been ensured (projects to be carried out/ contracted by the end of 2020).
Legislative progress and removing obstacles
71. In order to equalise opportunities for the deaf and the deaf-blind, and to recognise their right to use sign language, the Act on the Croatian Sign Language and Other Communication Systems of the Deaf and the Deaf-Blind in the RC was adopted.
72. The 2017, amendments to the Social Welfare Act provide that salaries of persons with disabilities are no longer an obstacle to the exercise of the right to personal disability allowance (which is granted for the purpose of fulfilling the person's need for inclusion)74. 73. The Act on Pensionable Service with Increased Duration (2018) widened the circle of insurees - persons with disabilities whose pensionable service is calculated with increased duration (deaf-blind persons, persons with Down syndrome, etc.), which contributes to the improvement of the status of persons with disabilities.
Guardianship
74. The amendments to the Family Act abolished the concept of "parental care after the age of maturity" as it is unacceptable to treat adult persons with disabilities as children. The most important step forward was the prescribing of partial deprivation of legal capacity (only in areas in which it is necessary to protect the rights of the ward and with as little restrictions as possible) and the abolishing of the concept of full deprivation of legal capacity. All decisions on deprivation of legal capacity issued under previous laws are being reviewed with the aim of restoring legal capacity. The Centre for Special Guardianship (for children and adults) has been established. The concept of advance directives was introduced – every person is enabled, while still in possession of legal capacity, to designate the person they wish to be their guardian (a register of advance directives and powers of attorney has been set up)75.
Rights of persons with mental or intellectual disabilities
75. The Act on the Protection of Persons with Mental Disorders (2014) is in force with new regulation of: shortened time of reception into a psychiatric institution, psychiatric treatment of mentally incompetent persons at liberty, substitution of involuntary admission with psychiatric treatment at liberty, restriction of the application of coercion measures towards a person with more severe mental disorders, determining a person of trust who will make decisions when the person concerned will not be able to decide themselves. Forced detention/involuntary admission are possible only if the person, due to his/her disorder, seriously and directly endangers his or her or others’ life, and only upon court’s decision.
The measure is decided on by a psychiatrist and it lasts until the decision on release or forced detention is made. Additional protection is ensured by the obligation of the psychiatric institution to notify without delay the ombudsperson for persons with disabilities about the involuntary admission.
Improving community services
76. In 2015 and 2016, three operations were implemented under the ESF76. Numerous other ESF77 and different other operations are also underway78.
Equal opportunities to find employment
77. The Act on Professional Rehabilitation and Employment of Persons with Disabilities introduced a single framework for ensuring uniform standards for the implementation of professional rehabilitation79. Since 2015, new professional rehabilitation centres have been established, with the aim of assessing the ability to work and providing persons with disabilities with training to prepare them for work and providing professional support to employers when recruiting80. The Act allows positive discrimination in the employment of persons with disabilities by implementing the models of employment on the open market or under special conditions (integrative and sheltered workshops), subject to the commitment to ensure a reasonable accommodation of the workplace81. The trend of their employment has been steadily increasing82.
78. Amendments to the Pension Insurance Act improved professional rehabilitation aimed at strengthening the remaining working capacity; salary compensation during rehabilitation was increased; acquiring the right to rehabilitation was increased to 55 years.
Unimpeded access
79. In accordance with the Building Act, buildings must be designed and constructed in such a way that they are accessible to and usable by persons with disabilities with reduced mobility83.
Deinstitutionalisation
80. Under the ESF, projects within the operation “Support to further deinstitutionalisation and transformation of social welfare homes for persons with disabilities – phase 1” (HRK 135,000.00) are being implemented, and a call for proposals has been sent out to 18 institutions providing services to persons with disabilities84. Five projects in the amount of HRK 55.96 million are being implemented, three of which are targeted also to children with developmental difficulties85.
Care for victims of landmines
81. Education about dangers of landmines with a view to reducing the risks of casualties is carried through public information campaigns, which contributed to a significant decline in the number of landmine victims. Measures proportionate to the obligations under the CRPD are incorporated into a wider legal framework and national plans for persons with disabilities. The institutional efforts are complemented by activities of CSOs providing support to landmine victims through psychosocial and economic projects86.
LGBT persons87
The Action Plan for the Implementation of the National Anti-Discrimination Plan 2017-2019
82. It sets out a number of activities aimed at preventing and combating discrimination on the basis defined by the Anti-Discrimination Act. This included prohibition of discrimination based on sexual orientation.
Training
83. With regard to criminal provisions concerning hate crime and hate speech, particular attention is given to the protection of LGBT persons and members of national minorities, by organising seminars for judges, lawyers, state attorneys, police officers and representatives of CSOs.
Recommendation 5.111
84. The RC did not accept the recommendation regarding officers and abuse against LGBT persons88.
Human trafficking89
Documents
85. New strategic documents are aimed at prevention and early detection of victims of human trafficking, particularly children90.
Training
86. The following is being implemented: education programme for police officers, addressing issues of human trafficking from the criminal justice aspect; professional development and specialisation training courses for police officers; training courses in
police; specialist graduate studies in criminal investigation at the Police College91. In 2018 and 2019, two workshops on combating human trafficking were held for judges, state attorneys, police officers and police managers.
Activities
87. Measures for the prevention, detection, prosecution and sanctioning of offenders in human trafficking and measures for providing assistance to, and protection of, victims are set out in the National Plan92. The Operative Team of the National Committee holds regular monthly meetings to coordinate activities for each particular case of victim identification and to provide assistance and protection. In order to improve the identification of offenders of the criminal offence of human trafficking, state attorney’s offices cooperate with the MI.
The use of advanced methods for the detection of criminal offences, including financial investigations, results in a better efficiency.
Women and Children
88. In order to prevent and combat human trafficking, especially in women and children, coordinated actions are taken by juvenile police officers and police officers specialised in combating human trafficking93. All proceedings in relation to a suspicion of child abuse are urgent and are carried out in accordance with the principles of the best interest of the child94.
89. New modes of action have been identified, particularly as regards child trafficking95.
Financing
90. National shelters for victims of human trafficking (one for children and one for adults) are financed from the State Budget, and are operated by CSOs which prepare an individual plan for each victim. Resources for free legal aid96 are increased each year. In 2018 and 2019, the MDFYSP financed six projects for raising awareness of the public on human trafficking, through a campaign. HRK 422,000.00 were ensured out of the revenues generated from lottery games.
National minorities97
Rights of national minorities – framework
91. The legislation is aligned with international agreements. In accordance with the CARNM and other regulations, members of national minorities are guaranteed the exercise of special rights in the areas of education, cultural autonomy, religious freedoms, employment in the state and local administration, representation in representative and executive bodies at the national and local levels and representation in the media98.
Raising awareness
92. The Government, in cooperation with CSOs, organises seminars and meetings to raise awareness and strengthen of the role of the media in combating stereotypes and hate speech in the media and developing sensibility to discrimination and non-observance of rights of the members of national minorities99.
Discrimination
93. A number of measures are implemented to develop tolerance and combat discrimination, particularly on grounds of ethnic origin, including training of employees in state administration bodies. In order to further improve the rights of national minorities, the Government has adopted Operational Programmes for National Minorities 2017-2020100. Specific activities for national minorities101.
Representation and the decision-making process
94. The Act on the Election of Representatives to the Croatian Parliament prescribes that members of national minorities have the right to elect eight representatives to the Parliament elected in a special electoral district comprised of the territory of the RC102. Representatives are elected by individual election and the elected representative is the candidate who wins the greatest number of votes cast103. Also, members of national minorities are guaranteed: (i) the right to be represented in representative bodies of LRSGU (ii) representation in the executive bodies of such units; (iii) election of councils and representatives of national minorities in the LRSGU in accordance with the and the Act on the Election of Councils and Representatives of National Minorities (2019), which regulates these elections in a comprehensive way.
95. In accordance with the Code of Practice on Consultation with the Interested Public in Procedures of Adopting Laws, other Regulations and Acts, members of national minorities actively participate in this process (obligation for state administration bodies).
96. The Central State Portal has been operating since 2014, providing access to all public services for citizens, and thus for members of national minorities104.
Equality in the use of languages and scripts
97. Croatia is a party to main international instruments governing the right to use a minority language and script (the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages) and has the obligation to submit reports under them. The Croatian Constitution guarantees to members of all national minorities the freedom to use their language and script. These rights are additionally specified by: the CARNM, the Act on the Use of Languages and Scripts of National Minorities and the Act on Education in Languages and Scripts of National Minorities105.
98. In 2015, the City Council of Vukovar adopted the Statutory Decision Amending the Statute of the City of Vukovar and the Statutory Decision on the Exercise of Equal Official Use of the Language and Script of the Serbian National Minority. In 2016, the Committee on Human and National Minority Rights of the Parliament submitted to the Constitutional Court of the RC a request to decide on the conformity with the Constitution and the law of certain provisions of these statutory decisions. The Decision of the Constitutional Court of the RC of 2 July 2019 rejected the request to decide on the conformity with the Constitution and the law of certain provisions of the Statutory Decision Amending the Statute of the City of Vukovar whereas certain provisions of the Statutory Decision on the Exercise of Equal Official Use of the Language and Script of the Serbian National Minority were abolished.
Improving the rights of the Roma community
99. The analysis of the implementation of the NRIS shows that continuous progress has been made towards the integration of Roma in the society106. In 2018, the project
“Collecting and monitoring basic data for the efficient implementation of the NRIS” was carried out, which defines starting values for measuring the effects of these documents at all levels, the needs of Roma communities and obstacles for their inclusion107. The results were distributed to many addresses and are the basis for further expert analyses108.
Education for Roma
100. The following is co-financed: pre-schooling and extended day programmes;
kindergartens (parents’ share), school trips and extra-curricular activities, courses in the Croatian language, scholarships for pupils and students, accommodation in pupil/student dormitories and literacy and qualification programmes for adults.
101. A proposal for the national curriculum for the course Language and Culture of the Roma National Minority, for both equal-footing modules - Romani (romani čhib) and Boyash (ljimba dă băjaš) was prepared (according to C model)109.
Citizenship – Roma
102. Applications of Roma for Croatian citizenship are immediately processed and separate records are kept. Citizenship is also granted to Roma of unknown or undetermined nationality, if they meet the requirements laid down in Articles 8 and 9 of the Croatian Citizenship Act110 (for statistics see endnote111).
103. According to the UNHCR research from 2018 a relatively small number of Roma is stateless or in risk of statelessness (other estimates range from 500 to 3000 persons).
Employment
104. In accordance with Article 22 of the CARNM, during the recruitment procedure for employment in state administration bodies, administrative bodies of local administration units and judicial bodies, members of national minorities have the right to declare themselves as belonging to a national minority and call upon the right of preference over other candidates under the same conditions112.
Fight against poverty
105. This area is regulated by the Social Welfare Act, the Family Act and the Strategy for Combating Poverty and Social Exclusion of the RC 2014-2020 which detects the causes of poverty and social exclusion and provides the projection of further action.
106. With regard to the fight against poverty, the Social Welfare Act prescribes the guaranteed minimal allowance, housing allowance, heating allowance and home assistance and organising food in the beneficiary’s home113.
107. From the Fund for European Aid to the Most Deprived, within the framework of the
“Food and/or Basic Material Assistance Operational Programme, 2014-2020 to Tackle Material and Food Deprivation”, five calls for proposals were carried out – three for co- financing school meals and two for alleviating the worst forms of poverty by providing non-financial assistance to the most deprived persons (food and/or basic material assistance)114.
108. The MDFYSP, within the call for projects for vulnerable groups for 2018–2019, finances seven projects for reducing social exclusion of Roma (HRK 1,441,000.00 from lottery games).
Drinking water
109. The right to safe drinking water is regulated by the Water Act and the Act on Water Intended for Human Consumption115.
Refugees and returnees116
Returnees
110. On 7 November 2019, 37 persons were recorded as having the status of displaced persons, returnees or refugees (25 displaced persons, 8 refugees and 4 returnees)117.
Former tenancy rights holders
111. The Action Plan for the Accelerated Implementation of Housing Care within and outside the Areas of Special State Concern for Refugees – former tenancy rights holders who wish to return, and who are mostly members of the Serbian national minority, has been fully implemented. In accordance with its criteria from 2007-2009 (revised in 2010), housing was provided to 4,915 families of former tenancy rights holders in the areas directly affected by war, as well as outside these areas118. In 2015, at the time when state administration offices undertook deciding in first-instance procedures, there were 3,033 applications. The majority of them were decided on by November 2019, and 85 applicationsremain to be decided on119.
