Population of women: 2,361,000/4,551,000 Life expectancy of women (at birth): 78 yrs School life expectancy for women: 13 yrs
Adult illiteracy for women: 3.4% Unemployment of women: 15.7% Adult economic activity rate: 45% Source: U.N. Statistics Division, Social Indicators, updated 22 April 2005 (Some statistics provided may be from previous years and other sources as cited by the U.N. Statistics Division)
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last updated 6 July 2005
Croatia declared independence from communist Yugoslavia in 1991 and gained full independence after the four-year Serbo-Croatian War. Croatian women were drastically affected by the war, which ended in 1995. Poverty, rape, displacement and murder are realities that confronted many Croatian women throughout the 1990s. After the end of the war, women's lives were affected by a faltering economy. The post-war economy was unstable, and growth was hampered by coalition politics. Nonetheless, the economy and the status of women in Croatia are improving. For example, in some areas of the country, real estate prices have reportedly doubled in the last three years. While gender disparities remain, women are increasing their presence in both the parliament and the judiciary. The most recent official statistic indicated an overall unemployment rate of 18.1% in 2003. For 2004, various sources offer different estimates indicating that the unemployment rate is between 13.8% and 19.5%.
Croatia formally applied for EU membership in 2003, reflecting a growing commitment to human rights initiatives and economic stability. The desire for EU membership has been amotivating factor behind much gender-related reform. In addition, Croatia was a member of the UN Commission for Human Rights from 2000 to 2004 and the UN Commission for the Status of Women (of which it served as presiding nation from 2000-2003). For more information on Croatia’s growing commitment to human rights, see the website of its Ministry of Foreign Affairs.
As is the case with most former-communist governments, there was a sharp drop in the number of women elected to Parliament immediately following the elimination of the communist quota system, from 22% before independence to 5.7% in 1995. Croatian women have, however, made significant gains in the political arena in the last few years. As a response to financial incentives for parties who present women representatives and a strong presence of women voters in the last Parliamentary election, women now comprise 21.7% of the members of Parliament, which is above the European average of 18%. Women have increased their presence in the judiciary as well. Women have had a strong presence in county and municipal courts at times holding over fifty percent of the seats. In addition, four of the thirteen seats on the more prestigious Constitutional Court and half of the forty seats on the Supreme Court are occupied by women. At the start of 2002, there were 1756 Croatian judges, 62% of which were women.
Although Croatian Labor Law prohibits gender discrimination, the 2005 United States Department of State Country Report for Croatia indicated that women generally have higher unemployment rates, lower wages for similar jobs and hold more lower paying positions. In the banking, business and media sectors, men have occupied the more powerful decision-making positions whereas women dominate the education sector, comprising the majority of employees. However, in high schools and universities they occupy fewer positions as headmasters and deans. Women have found more opportunities for leadership in the NGO sector. There are several women's NGOs operating in Croatia.
Article 14 of the Croatian Constitution guarantees equality for all citizens: "Everyone in the Republic of Croatia shall enjoy rights and freedoms, regardless of race, color, gender, language, religion, political or other belief. All shall be equal before the law." Article 174(1) of the Criminal Code punishes the violation of fundamental human rights and freedoms on the basis of differences in race, sex, color, national or ethnic origin. Perpetrators may be sentenced to imprisonment for six months to five years.
In 1996 the government created the Commission for Issues of Equality . The Commission served as the national body for improving the status of women in society and operated in an advisory capacity within the government to establish a national policy for gender equality. It drafted and adopted a National Policy for the Promotion of Equality, based on the Beijing platform for Action on 18 December 1997. The Commission became the Committee for Gender Equality in 2000, and now acts as an umbrella organization that oversees the government's implementation of treaties and policies to promote gender equality. The government passed the National Policy for the Promotion of Equality on 4 December 2001 along with the Implementation Programme of the National Policy for 2001 to 2005. The Policy contained an assessment of the current situation of women and a national plan to improve gender equality. In 2001, a Parliamentary Committee for Gender Equality was established to promote women's issues in domestic legislation and promote international treaties of the same subject.
The Croatian Gender Equality Act was passed on July 18, 2003. The Act regulates the prohibition of gender-based discrimination and promotes equal opportunities for women through affirmative action and gender equality education. It is the first Croatian law to prohibit sexual harassment, and the creation of the Office for Gender Equality and an Ombudsperson’s Office for Gender Equality. In 2004, the Government Office for Gender Equality was established, which replaced the Committee for Gender Equality. It monitors the implementation of the Gender Equality law and drafts gender equality policy. Over the course of its first year, an institutional network was built and the office assisted in the creation of local gender equality commissions in counties that did not yet have them. In its report to the Committee to Eliminate Discrimination Against Women reviewed in 2005, Croatia indicated that the Office is underfunded considering the scope of its mandate.
Domestic Violence and Sexual Assault
Violence against women is a serious problem in Croatia. One of the most tragic results of the Balkan armed conflict were the thousands of genocidal or ethnic rapes committed during the war - a tragedy so powerful that in 1993, the International War Crimes Tribunal for the Former Yugoslavia identified systematic rape as a crime against humanity for the first time. Domestic violence and sexual abuse were also exacerbated by the rise in alcoholism, unemployment and drug abuse among men. These crimes are generally prohibited by Article 23 of the Constitution: "No person is to be subjected to any type of maltreatment." On December 30, 2000, Croatia adopted a new criminal law which criminalizes violent behavior in the family (Article 215(a)). According to a 2003 B.a.B.e. report Article 215(a) punishes "[a]ny family member, who by violence, abuse or insolent behavior forces another family member into humiliating position..." by a prison sentence ranging from three months to three years. Family members include spouses, partners, ex-spouses, common law partners, adopted relatives, blood relatives by descent, relatives in a "lateral line conclusive with third level" and "a relative per marriage living in common household till second level." In addition, the B.a.B.e. report describes Croatia's Family Law (Narodne novine no. 162/98) which entered into force on 1 July 1999. This law expressly prohibits "violent behavior of the spouse or any other full age family member" as defined in Article 118 and imposes thirty days' imprisonment for breaching the law. On 1 October 2002, Croatia adopted a new Law on Misdemeanors (Narodne novine No. 88/02), under which the Misdemeanor Court may order, with or without an applicant's request, the detention of a person who violates "public order and peace or in misdemeanor concerning domestic violence...if there is a substantial danger that the misdemeanor will continue" (Article 146(1)). The perpetrator may be held in detention until the cause for detention has ended or up to fifteen days has passed (Article 146(3)).
Legislation passed in fall of 2000 created a specific Penal Code provision for domestic violence to replace existing provisions that inadequately addressed the problem. The new law directs that perpetrators of domestic violence, in addition to being punished, may be placed under supervision and receive psychiatric treatment. Amendments in 2000 to the Law on Misdemeanors provide additional protection to victims by extending the detention of perpetrators of domestic violence, even during the defendant's appeal, for up to thirty days.
According to the 2005 U.S. Department of State Country Report, the incidence of domestic violence against women has increased. More than fifty percent more cases were recorded “in the first three months of the year [2004] than in the same period of the previous year.” The Croatian government revoked certain provisions of the 1997 Penal Code in 2000. The old provisions classified domestic violence as a crime to be prosecuted by the state attorney. Now, individuals other than the victim can initiate a domestic violence case. For example, health care workers or police can initiate cases, without requiring the victim to press charges. Those who witness or have knowledge of domestic violence, including teachers, counselors and health workers, must report the abuse. In December 2005, Croatia adopted a two year plan to protect victims of family violence. NGO’s participated in the drafting of the plan, but expressed concern that no budget was available for implementation. It consists of short and long-term measures that focus on violence prevention, including one that focuses on compliance with international standards and others that focus on providing training to those who deal with the issue.
Sexual assault is an underreported, endemic problem. A study conducted in 2003 revealed that thirty-four percent of women in Croatia were sexually assaulted at least once. Rape, including spousal rape is illegal in Croatia. Under Article 188 of the Criminal Code, "[w]hosoever coerces another by force or by threat of immediate attack upon life or limb, or the life or limb of a close person, to sexual intercourse or an equivalent sexual act shall be punished by imprisonment for one to ten years," and under Article 190, "[w]hosoever forces another person to sexual intercourse or to an equivalent sexual act with a serious threat of serious harm shall be punished by imprisonment for three months to five years." In addition, Article 215.a of the criminal code strictly forbids a family member from using violence, harassment or other inappropriate behavior to humiliate another family member. Such behavior is punishable by three months to three years in prison.
Most women who experienced domestic violence or rape were reluctant to report it both because the patriarchal society imposes a sense of shame upon the victim and because victims are usually economically dependent upon their abusers. Victims also did not report domestic violence and rape because police were often poorly trained and unresponsive. However, NGO’s reported in 2004 that police were doing a better job handling domestic violence cases.
The government does not currently provide any shelters for victims of domestic violence, but non-government organizations operate four shelters in the country. In addition to the difficulty of finding a shelter for protection, victims must also deal with inadequate legal protection from the offender, and few means of removing the violent offender from the home. According to the 2005 U.S. State Deparment report, NGO’s indicated that police are left with too much discretion to determine when a restraint order should be issued or other measures should be considered. They further indicated that courts did not handle cases expeditiously and that few convictions were handed down. In its periodic report submitted to the Committee to Eliminate Discrimination Against Women, Croatia indicated that out of 3000 cases of violence reported over three months in 2004, only 80 cases were initiated. A representative for Croatia told the Committee that the Government is working on a new Gender Equality Policy and that it is working on the development of a shelter network for victims as well as training programs for attorneys, judges and police officers.
Trafficking in Women
Croatia is primarily a transit country for human trafficking to Europe and plays a lesser role as a source and destination country. Women from many countries, including Russia, Serbia and Montenegro, Romania, Bosnia and Herzegovina and other Eastern European countries are trafficked by truck or boat to Croatia. The average age of victims is 24 and they are often subject to violence and intimidation.The government’s Office for Human Rights has taken steps to combat the problem through general public awareness campaigns and by training the authorities who deal with the problem . The government is also involved in international anti-trafficking initiatives through the United Nations, the International Labor Organization, and the International Organization of Migration and it has engaged in negotiations with regional governments to repatriate victims.
Croatia was one of the first countries to sign the U.N. Convention against Transnational Organized Crime and the relevant Protocol. The 2001 draft of the National Plan of Action was revised in 2002, by the newly formed National Committee for the Suppression of Trafficking in Persons. The government adopted and began to implement the National Plan for the Suppression of Trafficking in Persons in 2002. In July 2004, the United States Agency for International Development sponsored a workshop for members of the Government, the NGO sector and the international community to draft a new action plan for 2005 to 2008. On December 15, 2004, a new plan was adopted. It includes recommendations for the dissemination of information about trafficking and methods for preventing trafficking from, through and to Croatia by way of regional and international cooperation. During 2004, an anti-trafficking coordinator was appointed and Croatia provided direct funding to implement the National Plan.
Trafficking was prohibited in Croatia before Trafficking was defined within the criminal code. Prior to the 2004 amendments to the criminal code, trafficking was illegal under Article 175 (Establishment of Slavery and Transport of Slaves), Article 177 (Illegal Transfer of Persons Across the State Border), and Article 178 (International Prostitution) of the Criminal Code. Article 175 punished anyone who "in violation of the rules of international law, places another in slavery or in a similar status or keeps him in such a status, buys, sells, hands over to another person or mediates in the purchase, sale or handing over of such a person or induces someone else to sell his freedom or the freedom of the person he provides for or takes care of" by imprisonment of one to ten years. Illegally transferring another person for lucrative persons was punishable by a fine or prison sentence of three years. If the transfer was committed by an organized criminal group, the prison sentence ranged from one to ten years. The 2004 amendments expressly identify trafficking as a criminal act separate from slavery.
Article 178 punishes anyone who entices another into prostitution in a state other than where she resides by three months to three years' imprisonment. If force or deceit is used, the prison sentence increases to a period ranging from six months to five years. If the victim is a juvenile, the prison sentence increases to a maximum of ten years. The fact that a victim has been previously engaged in prostitution will not negate the criminality of the offence. According to a Department of State report, Article 195 of the criminal code covers procurement for prostitution and can also be used to prosecute trafficking cases. In October 2004, a new law became effective. It is the first to define ‘trafficking in persons’ as a crime separate from slavery, Now, the penalty for trafficking ranges between one and nine years in prison. In cases where the victim was a minor, the minimum sentence is increased to 5 years. For crimes that resulted in death and were committed by a criminal organization, the penalty is five years to life in prison. According to the Government, there were 17 investigations into trafficking in 2004. Four resulted in convictions and the sentences ranged from seven months to nine years in prison.
Tracking the occurrence of trafficking continues to be a problem for Croatia due to failure to distinguish between trafficked women and illegal immigrants smuggled into the country. Nonetheless, police awareness of the issue is improving. All border police and organized crime police were given comprehensive training in 2003 and 2004 and training on trafficking is now taught at the police academy. The training has given authorities the tools to more easily identify victims and the Council of Europe has chosen it as a model training program for other areas.
Once identified though, Croatia provides only limited support services to the victims. Despite passing laws that criminalized trafficking, the government did not have any shelters for victims of trafficking until 2003. Since then, the Government has assisted in the creation of an NGO operated hotline and initiated the establishment of one shelter for victims of trafficking. Services at the shelter are provided by the International Organization for Migration and local NGOs. In addition to the shelter, the Ministry of Labour and Social Welfare, the Ministry of Health, NGOs and other international organizations worked together to establish official reception centers that have temporary accommodations for victims. The amended Law on Foreigners has created the opportunity for victims of trafficking to remain in Croatia with temporary residency status for 90 days to one year. Victims who are apprehended at the border are either deported or are provided with residency documents.
Recently, the legislature passed a witness protection law that may prove useful in future trafficking cases to protect victims and witnesses. In January 2005, Croatia presented its periodic report to the Committee to Eliminate Discrimination against Women on its progress regarding implementation of the Convention. In its Concluding Comment, the Committee acknowledged the improvements that Croatia has made but expressed concern that the “incidence of trafficking is leading to an increase in the exploitation of prostitution of women.” The Committee urged Croatia to implement the new national plan and take all necessary measures to educate the public on the problem of trafficking, discourage demand for prostitution and trafficking and provide additional support for victims.
Compiled from: “Stop Trafficking in Human Beings: Useful Information for Identification, Assistance and Protection of Victims.” Government of Croatia Office of Human Rights. (last visited 13 June 2005). ”Trafficking in Persons Report.” U.S. Department of State. 3 June 2005. ”Women in National Parliaments: World Classification.” Inter-Parliamentarian Union. 30 April 2005. Limanowska, Barbara. “Trafficking in Human Beings in South Eastern Europe.” UNDP. March 2005. ”Country Reports on Human Rights Practices: Croatia.” Bureau of Democracy, Human Rights and Labor, U.S. Department of State, 28 February 2005. ”Concluding Comment: Croatia by the Committee to Eliminate Discrimination Against Women." Netherlands Institute of Human Rights. 28 January 2005. ”Committee to Eliminate Discrimination against Women Considers Reports of Croatia.” United Nations Information Service. (WOM/1478) 19 January 2005. ”Trafficking in Human Beings with Reference to the Protection of Victims and Victims as Witnesses.” International Institute for Democracy. 29 May 2004. ”Prevention of Trafficking in Persons.” USAID Croatia. 2005. ”Trafficking in Persons Report.” U.S. Department of State. 14 June 2004. ”General Information on the Judicial Power in the Republic of Croatia.” Supreme Court of the Republic of Croatia. (last visited 6 June 2005). “Combined Second and Third Periodic Reports of States Parties: Croatia to the Committee on the Elimination of Discrimination Against Women.” United Nations (CEDAW/C/CRO/2-3) 27 October 2003. ”Anti-trafficking legislation,” SEERIGHTS.org, (last visited 17 May 2005). 2003 Human Rights Report: Croatia, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, 25 February 2004. Human Rights in the OSCE Region: The Balkans, the Caucasus, Europe, Central Asia and North America Report, International Helsinki Federation for Human Rights, 2001. Implementation of the Convention on the Elimination of all forms of Discrimination against Women - A compilation of NGO reports, 2002. Nations in Transit, Freedom House, 2003. A Human Rights Report on Trafficking of Persons, Especially Women and Children, Protection Project Country Reports, March 2002. The Status of Rape as a War Crime in International Law: Changes Introduced After the Wars in the Former Yugoslavia and Rwanda, Seeline-Project. Constitutional Report: Croatia, Koritnik, Gordana Lukac, Seeline-Project. National Machinery: Croatia, Koritnik, Gordana Lukac, Seeline-Project. Last updated July 2003.