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Introduction

The information contained on this page represents the situation as of 1 January 2011 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:
Lovorka Kusan
E-mail: lovorka.kusan@zg.t-com.hr

Country context

Croatia has a population of 4 434000.

In 1992 Croatia was recognised by the UN as an independent state. From 1991 to 1995 Croatia was in a state of war. During the period 1991 to 1993 Croatia was attacked by the Yugoslav army and Serbian paramilitary forces. As a result of war in Croatia and Bosnia, a large number of refugees and displaced persons were sheltered in unoccupied areas of Croatia, and many Croatian cities and villages along the front lines were destroyed.

Main principles and definitions

The Anti-discrimination Act (further: ADA) that prohibits discrimination based on 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 without defining in any way any of the grounds.

Enforcing the law

A victim of discrimination can seek protection through judicial proceedings - civil and/or criminal (both adjudicated by ordinary courts) and/or misdemeanour (for less serious offences adjudicated by misdemeanour courts).

In civil proceedings a victim of discrimination can file a claim seeking protection of his/her individual rights claiming that a right has been violated on account of discrimination (incidental anti-discrimination protection) or a claim seeking a ruling on the existence of discrimination as the main issue (special individual anti-discrimination action).

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 has very wide scope of application – it applies to both public and private sector and to all areas without any limitation while explicitly enumerating ten areas to which special attention is to be paid: 1) work and working conditions; access to self-employment and occupation, including selection criteria, recruiting and promotion conditions; access to all types of vocational guidance, vocational training, professional improvement and retraining; 2) education, science and sports; 3) social security, including social welfare, pension and health insurance and unemployment insurance; 4) health protection; 5) judiciary and administration; 6) housing; 7) public informing and the media; 8)  access to goods and services and their providing; 9) membership and activities in trade unions, civil society organisations, political parties or any other organisations; 10) access to participation in the cultural and artistic creation.

Equality bodies

The Anti-discrimination Act grants the Ombudsman powers as the central body for the elimination of discrimination and promotion of equal treatment irrespective of racial or ethnic origin. The Ombudsman is the central body for the elimination of discrimination based on other grounds as well, with the exception of disability, which falls within the competence of the Ombudsman for Persons with Disabilities, and sex, which is dealt with by the Gender Equality Ombudsperson.

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.