Croatia’s goal of European Union (EU) accession has contributed to much of the recent legislation addressing violence against women and gender equality. Attempts to address issues of gender equality began with the Beijing platform in 1995 and continued after Croatia signed the Stabilization and Association Agreement with the EU Member States in 2001, which obligated Croatia to regulate gender issues in accordance with EU standards. Over the last several years, the country has taken steps to bring its laws into conformity with the standards of the EU and in accordance with the various international treaties and conventions to which it is a party.

Croatia has ratified a number of international treaties that protect and promote human rights. As a result, they are now a part of Croatia’s domestic law as international agreements ratified in accordance with the Croatia’s constitution become part of the internal legal order. Croatia is a party to all six United Nations human rights conventions as well as the Convention on the Elimination of Discrimination Against Women. Each is incorporated into the national law of Croatia and can be cited by the courts. In addition to rights guaranteed by the international treaties, the Croatian Constitution guarantees many economic, social and cultural rights to all citizens. Over the last several years, the parliament has further strengthened the rights of women by passing legislation regarding gender equality, domestic abuse and trafficking.

Croatia’s human right’s policies generally are developed, coordinated and implemented by the Government Office for Human Rights. It was formed in 2001 and coordinates efforts with NGOs and others in the international community. For example, one activity of the office was targeted at coordinating efforts for the prevention of trafficking in persons.

In 1995, Croatia adopted the Beijing Platform for Action and began to draft policies and legislation that would advance gender equality. A Commission for Issues of Equality was appointed in 1996 as the national body for advancing the status of women in society. The Commission consisted of representatives from the ministries and state bodies and served as an advisory body. In 1997, Parliament began to reform the criminal code. The reform was reflected in the 1998 criminal code, the first to criminalize spousal rape in Croatia. Another first came when Parliament passed the Family Law in 1998. It was Croatia’s first legislation granting protection to victims of domestic violence and it entered into force on 1 July 1999.

On 18 December 1997, the Equality Commission adopted a National Policy for the Promotion of Equality, based on the Beijing Platform for Action. However, no significant action was taken on the policy until 2000, when two conferences were held to disseminate information about the policy to the general public. In the same year, Parliament passed constitutional amendments that placed gender equality as the “highest value of constitutional order.” After parliamentary elections in 2000, the new governing party undertook various reform efforts, at which time the Commission for Issues of Equality became the Committee for Gender Equality. The following year, the Committee was transferred to become part of the newly established Office for Human Rights.

In 2001, the Croatian Parliament adopted a National Policy for the Promotion of Gender Equality as well as an Implementation Programme of the National Policy for 2001 to 2005. It also established a Parliamentary Committee for Gender Equality in 2001, reflecting the significant increase of women in Parliament, from 5.7% to 21.2%, following the January 2000 elections. The aim of the Committee is to strengthen national human rights mechanisms and address issues relating to gender equality within the Croatian legislature. The Committee is also authorized to monitor the implementation of treaties related to gender, assist in the development and implementation of the National Policy for Gender Equality, recommend measures to eradicate gender discrimination and promote equal representation in the Parliament. In 2004, the Committee drafted several amendments to laws affecting women and provided criticism and comments to ministries that were working on gender-related projects. NGOs have also been instrumental in the successful passage and implementation of much of the gender-related legislation.

In May 2002, Croatia adopted a Law on Amendments to the Criminal Procedure Act, which improved protection for victims of domestic violence. It expands the authority of the court to issue restraining orders that prohibit the offender from approaching the victim. The 2002 Law on Misdemeanors was passed on 1 October and further protects victims of domestic violence by giving magistrates more authority to detain the offender under certain circumstances if there is a reasonable fear that the offender will continue to commit an offense.

Throughout 2002, the Committee on Gender Equality worked on the creation of regional bodies that could promote the status of women. Croatia also passed a Gender Equality Act in 2002, which set forth the necessary elements of equal opportunity policies, and in July 2003, a Law on Gender Equality was adopted. The law promotes equality “as a fundamental value of Croatia’s constitutional order.” It creates equal opportunities for men and women in many areas of life and it regulates the right to freedom from discrimination. It provides a definition of gender-based discrimination and it was the first law to prohibit sexual harassment. The Law presents mechanisms for achieving and then protecting gender equality, and in accordance with the 2001 National Policy, it created the Ombudsperson’s Office for Gender Equality and a Governmental Office for Gender Equality. It also called for the appointment of a coordinator in each of the relevant ministries to implement the Law. The ministries appointed coordinators in 2004.

The Governmental Office for Gender Equality (GOGE) began working on 15 March 2004 and replaced the Committee for Gender Equality. It became the central government expert body, with a mandate to implement the Gender Equality Law and draft the gender policy for Croatia. Over the course of 2004, the GOGE focused on establishing the infrastructure necessary to implement the Gender Equality Law. It assisted counties in the organization of local gender equality commissions and provided training seminars for them on the drafting of gender equality action plans that are required by the new law. The ombudsperson is appointed by the Parliament to ensure independence and impartiality. The current Ombudswoman for Gender Equality monitors the implementation of the Gender Equality Law and works on issues relating to gender equality, including areas of employment, gender violence and education. She also reviews cases of violation and cases of discrimination and offers recommendations. Parliament also addressed gender discrimination in the labor sector by amending the Labour Act in 2003 to provide detailed regulation for the prohibition of discrimination against women, in accordance with EU standards.

Croatia has enacted legislation that addresses violence against women, including a prohibition on trafficking and on gender-based discrimination. It has also created committees and offices to monitor implementation of the gender-related legislation. However, the U.S. Department of State reported in 2005 that in 2004 “[t]rafficking in women was a problem” and that “[v]iolence and discrimination against women occurred.”  In January 2005, Croatia submitted its second and third periodic report on the implementation of the Convention on the Elimination of Discrimination against Women. The Committee acknowledged its legislative achievements, but encouraged Croatia to ensure that the legislative reforms translate to an improvement in the treatment of women.

Human Trafficking
 
Over the last several years, the Croatian government has taken steps to counter trafficking in human beings. In 2001, an anti-trafficking inter-ministerial meeting was organized by the Ministry of Foreign Affairs. By the end of 2001, a trafficking working group under the Ministry of the Interior had prepared a draft National Plan of Action (NPA) to combat trafficking. In May of the following year, the government established a National Committee for the Suppression of Trafficking in Persons, consisting of representatives of relevant ministries. The Committee revised the draft NPA, which was then adopted by the government as the 2002 National Plan for the Suppression of Trafficking in Persons. The NPA was designed to bring the national laws into conformity with international standards, continue legal reform in other areas of the law, monitor implementation of the plan, and implement measures on prevention, education and international cooperation. The 2002 Plan also included a detailed description for the provision of assistance to victims of trafficking, but it did not address the root causes of trafficking. Studying the root causes was postponed due to lack of funding. Nonetheless, by the end of 2002 there were references to trafficking in various laws and policies. The National Defense Strategy and the National Plan of Action for Gender Equality both included provisions on trafficking.

In accordance with the 2002 Plan, Croatia ratified the Palermo Trafficking Protocol, the Convention Against Transnational Organized Crime in November and then drafted amendments to the criminal code that specifically criminalize trafficking. The amendments were adopted in 2003. Prior to the adoption of these amendments, prosecutors used other provisions of the criminal code in trafficking cases, including Article 175 covering slavery and the transport of slaves and Article 177 for illegal border crossing. Article 178 deals with offering sexual services for profit and Article 195 prohibits the procurement of women for prostitution. All of these are used to prosecute perpetrators of trafficking and a conviction results in a penalty ranging from a fine to one to ten years in prison. The amendments became effective in October 2004 and changed the slavery provision in Article 175 to “Trafficking in human beings and Slavery.” The new law set the minimum penalty for trafficking at five years in prison if the victim was a minor. For crimes committed by a criminal organization, the penalty range was changed to a range of 5 years to life imprisonment.

On 1 January 2004 the Croatian parliament adopted a new Law on Foreigners that includes a provision establishing a humanitarian ground for granting a temporary resident permit. Victims of trafficking who are apprehended while traveling through Croatia can utilize this Article to remain. Parliament also passed a law on witness protection which allows for protection when the life, health, freedom or property of a witness is threatened. The law provided for special protection for victims of trafficking, but by the end of 2004, the provision had not yet been used in a trafficking case.

A new National Action Plan for 2005-2008 was adopted on 15 December 2004 and an anti-trafficking coordinator was appointed. The Plan was drafted by a working group consisting of members of the government, civil society and the international community. The new plan is expected to be implemented beginning in 2005.

Domestic Violence, Sexual Abuse and Sexual Harassment

A survey conducted by Automna Zenska Kuca in 2003 indicated that in Croatia “34 per cent of women experienced unwanted sexual relations at least once in their lifetime.” Rape, including spousal rape, is illegal under Article 188 of the Criminal Code, but few women report it. Sexual assault was prevalent in 1991 in Croatia and throughout the region for the duration of the war, although illegal. Although domestic violence and sexual assault were made illegal in the 1990s, sexual harassment was not made illegal until the Gender Equality Act was passed in 2003.

The Family Law of 1998 entered into force on 1 July 1999 and was the first to provide protection for victims of domestic violence. Due to the inadequacy of the law, Parliament undertook efforts to revise the 1998 Family Law. The new version of the Act was passed in 2003, at the same time Croatia passed the Law on Protection from Domestic Violence. Because the Law on Protection from Domestic Violence addresses the protection of victims of domestic violence, that provision was removed from the revised 2003 Family Law. The Domestic Violence law focused primarily on the prevention of domestic violence, but also addressed services for victims of past violence. It includes provisions for capacity building, treatment, removal from the home and restraining orders and it requires officials and authorized persons to report domestic violence. Family violence cases can be initiated by someone other than the victim. Witnesses and those with knowledge of domestic violence are required to report the abuse or suspicion of abuse to the authorities. Failure to do so may result in prosecution.

Compiled from:

”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.