European network of legal experts in the non-discrimination field
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Introduction

The information contained on this page represents the situation as of 31 December 2009 and is a summary of the country report produced by the country expert from the network. The summary can be downloaded here as well.

Contact:
Jagoda Novak
E-mail: jnovak@human-rights.hr

Country context

The Republic of Croatia is a unitary state. Basic legal principles are set out by the Constitution. Laws must be in accordance with the Constitution, and other rules and regulations must be in accordance with the Constitution and law.

Main principles and definitions

The Anti-discrimination Act prohibits discrimination on the following grounds: race or ethnic affiliation or colour; gender; language; religion; political or other belief; national or social origin; property; trade union membership; education; social status; marital or family status; age; health condition; disability; genetic heritage; gender identity and expression and sexual orientation, but it does not define these grounds.

Enforcing the law

Victims of discrimination can seek protection in judicial proceedings - civil and/or criminal. The Anti-discrimination Act specifies misdemeanour liability in cases of harassment, sexual harassment and victimisation. A victim of discrimination can file a complaint with the Ombudsman as the central body responsible for anti-discrimination. If a person is discriminated against by an administrative act he/she can file a complaint before the Administrative Court of the Republic of Croatia, which is authorised to review the legality of administrative acts.

Main legislation

Croatia has ratified all anti-discrimination treaties that are part of international law with the exception of the Revised European Social Charter, which has been signed and is in the process of ratification (European Convention on Human Rights + Protocol 12; International Covenant on Civil and Political Rights; Framework Convention for the Protection of National Minorities; International Convention on Economic, Social and Cultural Rights; Convention on the Elimination of All Forms of Racial Discrimination; Convention on the Elimination of Discrimination Against Women; ILO Convention No. 111 on Discrimination; Convention on the Rights of the Child; and Convention on the Rights of Persons with Disabilities).

Material scope

The Anti-discrimination Act applies to all areas, in the public and private sector, without any limitation, while it explicitly enumerates ten areas to which special attention is to be paid: (1) work and working conditions; access to self-employment and occupation, including selection, criteria, recruitmentand promotion conditions; access to all types of vocational guidance, vocational training, advanced vocational training and retraining; (2) education, science and sports; (3) social security, including social welfare, pensionsand health insurance and unemployment insurance; (4) health care; (5) judiciary and administration; (6) housing; (7) public informationand the media; (8) access to and provision of goods and services; (9) membership of and participationin trade unions, civil society organisations, political parties or any other organisationsand (10) access to participation in cultureand art.

Equality bodies

The Anti-discrimination Act provides that the central body for the elimination of discrimination and promotion of equal treatment is the Ombudsman. The Ombudsman has authority over all grounds of discrimination, but some activities (receiving reports on discrimination; providing necessary information on rights and obligations; investigating reports and undertaking measures necessary for the elimination of discrimination; informing the public of occurrences of discrimination; conducting mediation procedures and filing criminal reports of discrimination) come within the competences of specialised ombudsmen (for gender equality, for disabled persons and for children).

Go to the European Commission - Employment, Social Affairs and Equal Opportunities This initiative is financed by the EC Programme Progress. But the views expressed in this website do not necessarily reflect the official views of the EU institutions.