Submitted by Louise on
Croatia - Twenty-second session - 2015
12 May 2015 - 9.00 a.m. - 12.30 p.m
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National Report
III. Implementation of the recommendations of the first UPR cycle
Institutional and legal framework (96.1; 97.3–7; 97.9–10; 97.14)
18. Since 2010, the National Committee for Education on Human Rights and Democratic Citizenship has systematically secured the implementation of this type of education at all levels, and has affirmed the programme for the education of minorities and resocialisation of youth. Since the 2014/15 school year, civil education has been implemented in a multi-course and interdisciplinary fashion in all classes in primary and secondary school, and as a separate experimental course in the 8th grade, pursuant to the application to the public invitation by MSES.
Free legal aid (97.52–53; 98.10–11)
44. The free legal aid system is continuously being improved, to ensure the principle of equality for all citizens, which includes members of national minorities. The new Free Legal Aid Act (2014) reforms the system of primary legal aid, and is offered in all legal matters, without determining the user's material standing. This contributes to more efficient legal protection for the most socially and economically vulnerable groups of citizens, and removes the possibility of (material) discrimination. The following has been expanded: scope of primary legal aid (to general legal information; to drawing up submissions for the European Human Rights Court and international organisations) and the circle of users (foreign children finding themselves in Croatia without accompaniment; for aliens with permanent residence the assumption of reciprocity has been abandoned). The criteria for achieving secondary legal aid have been further relaxed, particularly with regard to the type of procedures for which legal aid may be approved and in relation to an asset census.
Rights of children (97.13; 96.5–6; 97.33; 97.67–68; 97.35; 98.12)
53. Despite the crisis, the Government maintains an appropriate level of care for children. In 2013, the Optional Protocol to the CRC on prosecution mechanisms was signed, while in September 2014, the Third and Fourth periodical reports on the implementation of the CRC were successfully presented.
54. Low income families with children are recognised as being socially vulnerable. The new Social Welfare Act (2014) has replaced support aid with the institute of the guaranteed minimal benefit (increases with the number of children, and the household income does not include the child benefits). Also, social aid is ensured through the education support. Within the framework of the “Development strategy of social welfare systems, 2011–2016” and the reforms to the family legislation, a new Family Act was adopted in 2014 and is aligned with international standards that introduce new extra-institutional measures for protecting the rights of children, define the implementation mechanisms, and enable the adoption of court decisions on the partial or full attainment of parental care for persons whose child is given to care and the decision that supplements the parental consent for the adoption of a child.
55. The Family Act regulates the right of the child (including if the child is a foreigner or stateless person) for the provision of opinions in procedures to decide on the child's rights and interests, and on special custodian for representation in such procedures. Upon turning 14 years of age, children may independently participate in procedures before bodies deciding on their rights. In September 2014, the “National Strategy on the rights of children, 2014–2020” was adopted, pursuant to the “Strategy of the Council of Europe on the rights of children, 2012–15” and the “EU Agenda for the rights of children” which abides by the “UN Guidelines for alternative care for children” to which one section is dedicated.
56. Pursuant to the “Plan on deinstitutionalisation and transformation of social welfare homes and other legal persons performing social welfare activities, 2011–2016 (2018)” the “Operative Plan” was adopted, which envisages a significant reduction in the number of children in institutions and strengthening daycare services and support to families, in order to prevent separating the child from their biological families. Two IPA projects were implemented to support deinstitutionalisation, aimed at greater inclusion of service users in the social welfare system and the provision of support to experts in systems. Projects are carried out to improve capacities and the quality of work of experts in homes for children and youth with behavioural disturbances, and to strengthen foster care capacities.
57. With regard to the implementation of education with the principles of the best interests of the child, the networking of institutions and the accessibility of education has been improved. Subventions for inter-settlement transport has been secured for secondary school pupils in order to ensure accessibility to education for pupils outside of urban centres, while the stipend and subsidy systems for university study increase access to higher education for students from lower-income families. The “National Strategy for the rights of children, 2014–2020” contains 44 measures in the area of education.
58. The need to individualise access for pupils with developmental impairments has been recognised, with 18,385 pupils (5.56%) receiving education in regular or special institutions. This is achieved through programme and professional support, spatial, pedagogy and didactic adaptations and addition rehabilitation programmes. The objective is to make education accessible to this group of pupils and to achieve their improved inclusion and representation in the educational system and society as a whole.
59. The legal priorities for access to health care are being met, and a series of measures are implemented from the “National Policy for gender equality, 2011–2015”, directed at raising the quality and accessibility of healthcare protection for women and girls (improving the system for prevention and early detection of malignant diseases; preserving the reproductive health of women; awareness of sexually transmitted diseases) and the “National Strategy for the rights of children, 2014–2020” (32 measures). Pursuant to a decision of the minister of science, education and sports, health education is carried out in school through four modules: healthy living; prevention of violence; prevention of addiction; sex education.
60. In the area of combating domestic violence, the legislation has been aligned with international regulations. With the Act on Protection from Domestic Violence, the “National Strategy on the rights of children 2014–2020” (areas: sexual violence, child trafficking, corporal punishment, domestic violence, violence in schools) and the “National Strategy for the protection of domestic violence, 2011–2016”, intersectoral coordination has been strengthened. The following have been adopted: “Protocol on conduct in cases of violence among children and youth” with the obligations of competent authorities and the definition of ‘peer violence’ (also includes ‘conflicts’ without characteristic of a criminal act), “Protocol on conduct in cases of child abuse and neglect” (November 2014) and the “Ordinance on the conduct of educational personnel for the protection of the rights of pupils and reporting violations to the competent authorities”. Furthermore, the Aliens Act allows for approval of a temporary stay for humanitarian reasons for a minor foreigner who has been abandoned or is the victim of organised crime, or has for other reasons been left without parental care, custody or accompaniment.
61. Juvenile imprisonment may be imposed for older minors (aged 16 to 18 years) for a criminal act for which the prescribed sentence is three years imprisonment or a more serious penalty, if the nature and gravity of the offence and the high level of guilt does not justify the imposition of educational measures, and instead a stronger penalty is required. In addition to the penalty of juvenile imprisonment, security measures may also be laid down, pursuant to the Criminal Code. For younger minors (aged 14 to 16 years), correctional or security measures are given. The court may rule that a minor is guilty of a criminal act, while retaining the penalty of juvenile imprisonment. With this retention, the court may rule for correctional measures of increased care and supervision for the minor, refer the minor to a disciplinary centre and one or more other specific obligations that may not last longer than the period of verification.
62. Pretrial detention may be ruled against the minor only as a final measure, in relation to the weight of the act and the expected sanctions, for the shortest necessary period, and only if its purpose cannot be achieved through the application of precautionary measures, temporary housing or pretrial detention in the home. Such a minor is housed in a closed institution (until their establishment, the Decision of the minister shall apply by which special detention units for minors be established in jails and penitentiaries, in which such pretrial detention shall be executed). The minor is held separately from adult persons, only, if separate holding could be a detriment to the minor, their holding with adult persons is permitted with the approval of the competent court.
63. The education of Roma children has been improved, and the specificities of Roma girls is abided by. The “National Strategy for the inclusion of the Roma 2013–2020” and the Action Plan have adopted measures for a sustainable and inclusive education policy for the Roma and has secured funds for this purpose. The challenges are a high drop-out rate and exclusively Roma classes, and the measures for executing the ruling of the ECHR in the case Oršuš are regularly carried out. The “National Strategy for the rights of children, 2014–2020” contains seven measures for improving the education of Roma children. Support is also given to Roma parents: in 2013, 495 Roma children were included in the adult education programme (446 in the literacy programme, 49 in the first qualifications programme).
64. Numerous projects are carried out to combat discrimination. The Međimurje Police Directorate adopted the “Programme of preventative measures for increasing security and strengthening the social inclusion of the Roma”. In September 2014, the first “Security and Prevention Fair” was held in Nedelišće to familiarise Roma children from the preschool with the preventive activities of policy and to stimulate self-protective behaviours.
Persons with disabilities (96.2; 97.11; 97.26; 98.8)
70. Children with development impairments are rights holders on a uniform basis with other children. With the achievement of the principle “School for all”, the education system has been adapted to ensure access for all. Ordinances to assist children with developmental impairments, and to improve the conditions for gifted children have been adopted and regulated: the activities of mobile advisory services in special educational centres, and obligations at the local level that include financial and professional support and works programmes for these types of pupils. The “National Strategy for the rights of children 2014–2020” has introduced 15 measures for these children.
Human Trafficking (96.3; 97.37–46; 98.9)
73. Due to the specificities of trafficking women (sex industry) and children (begging, prostitution), protection measures and measures to identify victims are being strengthened, and cooperation with police and the SAORC improved to ensure more efficient prosecution of perpetrators. Pursuant to the annual report on the implementation of the “National Plan for combating human trafficking 2012–2015”, the Government has insight into the current situation and a foundation for further action. The “National Strategy for the rights of children 2014–2020” envisaged four measures to protect against the trafficking of children.
75. The civil society is a partner and part of the National Committee for combating human trafficking and its Operative team. Shelters, one for adult victims and other for children, are run by civil society organisations (and are financed from the State Budget).
Compilation of UN information
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Equality and non-discrimination
13. CRC was concerned that de facto discrimination continued to be prevalent against children in marginalized and disadvantaged situations. It recommended that Croatia ensure the effective elimination of any form of discrimination against children, and ensure that its programmes addressed the situation of discrimination against children in marginalized and disadvantaged situations, including children belonging to ethnic and religious minority groups, Roma children, children living in poverty, children with malignant or rare diseases, and foreign children.
14. CRC welcomed the accession of Croatia to the 1961 Convention on the Reduction of Statelessness, and the adoption of the National Strategy for Roma Inclusion and its related action plan, but was concerned that the Strategy did not adequately address the issue of citizenship for Roma children. It remained concerned that the Act on Croatian Citizenship did not guarantee citizenship for all children born on Croatian territory, and reiterated its recommendation that Croatia ensure that all provisions of the Act were in conformity with article 7 of the Convention and the 1961 Convention on the Reduction of Statelessness and that the law was implemented in a non-discriminatory manner.
B. Right to life, liberty and security of the person
22. CRC welcomed the adoption of the National Strategy of Protection against Family Violence 2011–2016 and noted the variety of violence prevention programmes carried out. However, it was concerned that there was no adequate response to family violence or violence against children in practice and about ongoing violence experienced by children in schools, and social welfare and other institutions. CRC recommended that Croatia inter alia effectively implement the National Strategy of Protection against Family Violence 2011–2016.
23. CRC welcomed the achievements made in the area of prevention and treatment of sexual exploitation and abuse and the incorporation of all the provisions of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse into the new Criminal Act. It was nevertheless concerned about the lack of adequate support systems for victims, re-victimization of children, insufficient deterrence of perpetrators and limited access to prevention programmes for children. It recommended that Croatia inter alia take all necessary measures to deter perpetrators and develop programmes and policies for prevention, and for the recovery and social reintegration of child victims.
24. While noting that corporal punishment of children was prohibited in Croatia, CRC was concerned that it was still used as a disciplinary method in the family and was widely accepted in society. It recommended that Croatia end corporal punishment in all settings, in particular in the family, and promote positive, non-violent and participatory forms of child-rearing and discipline.
C. Administration of justice, including impunity, and the rule of law
32. CAT was concerned that juvenile convicts were placed in prisons. Croatia should establish a separate enclosed facility for juvenile convicts. CRC was concerned that there were insufficient funds and organizations to carry out alternative measures; that children were subject to prolonged pretrial detention; that detention centres were not regularly visited by judges; that children were still detained together with adults in some institutions; and that the conditions of detention facilities for children and of reformatories were inadequate. It urged Croatia to bring its juvenile justice system fully into line with the Convention and further promote alternative measures to detention.
D. Right to privacy, marriage and family life
34. While noting the measures taken to protect children against violations of their privacy, CRC was concerned that that privacy was insufficiently respected, in particular in the media, health-care and social welfare institutions, and that relevant legislation was insufficiently implemented. It recommended that Croatia ensure that children’s privacy and dignity were respected and facilitate the promotion of children as individuals and subjects of rights.
35. CRC welcomed the amendment to the Social Welfare Act of 2014; however, it was concerned about the insufficient availability and quality of support services for families. It recommended that Croatia provide families with the necessary support to enable them to fulfil their obligation towards their children and to ensure their well-being and development.
36. While welcoming the Master Plan for the Deinstitutionalization and Transformation of Social Welfare Institutions 2011–2018, CRC was concerned that the number of children in institutional care was not decreasing and that institutional care was the predominant means, rather than a measure of last resort, for addressing the needs of children deprived of a family environment. It recommended that Croatia fully implement the Master Plan, in particular through strengthening support for family-and community-based care for children wherever possible, and for foster care for children who could not stay with their families; establish adequate safeguards and clear criteria for determining whether a child should be placed in alternative care; and conduct periodic reviews of the placement of children in foster care and institutions.
37. CRC was concerned about the limited availability of affordable and high-quality early child care and education and other community-based services, in particular for families in remote or less developed areas and in situations of poverty. It recommended allocating sufficient financial resources for the development and expansion of early childhood education, including through ensuring a sufficient number of kindergartens.
H. Right to health
46. CRC welcomed the National Health Care Strategy 2012–2020. It was concerned however about the uneven geographical coverage of health services for children and the shortage of health-care professionals. CRC recommended that Croatia inter alia ensure that all children enjoy equal access to health services, with particular emphasis on children in rural areas and from minority groups; allocate adequate human resources to maintain the quality of health care; and ensure adequate support for children in need of mental health care.
47. While noting that measures taken by Croatia, such as the Baby-Friendly Hospital Initiative, had resulted in an increase in breastfeeding, CRC recommended that Croatia take action to improve the practice of exclusive breastfeeding, and control the marketing of breast-milk substitutes, such as in the “Happy Baby” package.
48. CRC noted the efforts undertaken by Croatia to prevent and reduce alcohol consumption and smoking among adolescents. However, it was concerned that laws were not complied with or enforced. It recommended that Croatia ensure that regulations on the sale and advertising of alcohol and tobacco products to children were enforced.
49. CRC was concerned about the lack of long-term, systematic health education, including on sexuality, responsible sexual behaviour and sexually transmitted infections, including HIV/AIDS. It recommended that Croatia strengthen measures to raise awareness on sexual and reproductive health, with special attention to sexually transmitted infections, and ensure systematic health education.
I. Right to education
51. CRC noted the efforts made by Croatia to improve inclusive education. However, it remained concerned that many children in vulnerable and disadvantaged situations did not have equal access to education. It recommended that Croatia ensure that all children had equal access to education; end segregation of Roma children; strengthen measures to move towards decentralization and pluralism in the design of educational programmes; strengthen the national plan of action for human rights education; and expand support for vocational education and training of children who had left school.
52. CRC was concerned that asylum-seeking children continued to face difficulties in accessing education. It recommended that Croatia ensure that asylum-seeking children had effective and non-discriminatory access to education.
53. The ILO Committee of Experts emphasized the importance of education and vocational training to improve future access to the labour market and asked the Government to ensure equal access to education, including preschool education, for Roma children, without discrimination.
54. UNESCO recommended that Croatia improve access to education, especially in special schools, and continueCompilation of UN information to submit State reports for the periodic consultations of UNESCO education-related standard-setting instruments.
J. Cultural rights
55. CRC was concerned that there was a lack of adequate play spaces and facilities and that they were not properly regulated. It recommended that Croatia increase children’s free access to, and regulate and improve the quality of, play and sports facilities, and cultural, leisure, and other educational and recreational activities, including in institutional settings, and provide adequate financial support for such activities.
K. Persons with disabilities
56. CRC welcomed the measures taken by Croatia to provide inclusive education for children with disabilities. It was concerned however that the support system to ensure inclusive education for children with disabilities was unevenly developed, particularly in rural areas. It urged Croatia to establish State-wide inclusive education, including through the allocation of necessary resources, and provide regular training for school personnel.
57. CRC was concerned at the increasing number of children with disabilities in institutional care and at the lack of adequate treatment and care in the institutions. It was also concerned that there were incidents of ill-treatment of children with disabilities in some health-care institutions and that abandoned children with disabilities were primarily placed in health-care institutions and not in children’s institutions. It urged Croatia to inter alia prevent the institutionalization of, and ensure sufficient alternative family-and community-based care options for, children with disabilities deprived of a family environment, and carry out regular inspections of institutions with long-term placement.
M. Migrants, refugees and asylum seekers
65. CRC welcomed the amendments to the Foreigners Act and to the Asylum Act and the adoption in 2013 of the Protocol related to the treatment of children separated from parents. It made several recommendations to Croatia, including that it effectively implement the Protocol related to the treatment of children separated from parents–foreign nationals; ensure that all measures provided for under the Migration Policy were effectively implemented; and ensure that asylum-seeking children were provided with free legal aid or other appropriate forms of assistance throughout all stages of the asylum process.
Stakeholders' information
I. Information provided by the national human rights institution of the State under review accredited in full compliance with the Paris Principles
19. The Children's Ombudsperson pointed out the inefficient social welfare system particularly related to protection of the children without appropriate care. The institutions lack efficient procedural mechanism in cases where court orders are disobeyed by parents or those who continue their harmful behavior towards children. The scope and quality of foster care are insufficient. The Ombudsperson observed that the increasing poverty caused by the economic crisis threatening many children’s rights, including their right to survival.
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
H. Right to education
56. JS2 noted the approval of the draft National curricular framework in 2011, which envisaged the introduction of civic education as an independent subject in the final grades by 2014/2015, as part of the plan in implementing recommendation 97.9, but were concerned that the plan envisions a cross-curricular introduction of civic education only. JS2 recommended raising public awareness about this issue; conduct trainings for schools; and introduce it as an independent subject.
57. OSCE/ODIHR noted that in the ECtHR judgment of Oršuš and Others v Croatia, March 2010, found that the placement of the Roma pupils, at times, into Roma-only classes during their primary education had not been justified (the segregation of the Roma children into separate classes had ostensibly been based on their language skills).
K. Migrants, refugees and asylum seekers
66. HRW observed that unaccompanied migrant children who have not applied for asylum are accommodated in the Residential Home for the Raising of Children and Young People in Zagreb. While unaccompanied migrant children who have applied for asylum are placed in Kutina reception center, which is designated for vulnerable groups, such as single mothers and unaccompanied children, HRW recommended protection measures for unaccompanied children.
67. EUAFR stated that Croatia lack an effective return monitoring system of third-country nationals who do not fulfil the conditions for entering or staying in the EU, that should respect the principle of non‑refoulement and take due account of the best interests of the child, family life and the third‑country national’s health status.
Recommendations
II. Conclusions and recommendations
99. The following recommendations will be examined by Croatia, which will provide responses in due time, but no later than the thirtieth session of the Human Rights Council, in September-October 2015:
99.12 Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Morocco) (Portugal) (Benin);
99.13 Speed up the process of the ratification of the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Slovakia);
99.46 Ensure the effective implementation of the new National Strategy for the Rights of Children 2014–2020 (State of Palestine);
99.48 Intensify awareness-raising campaigns and education programmes on human rights in order to prevent ill-treatment of boys and girls (Uruguay);
99.49 Take all necessary measures to deter perpetrators and to develop programmes and policies in order to prevent sexual exploitation as well as programmes to socially reintegrate child victims (Timor-Leste);
99.52 Intensify its efforts to ensure effective law enforcement for domestic violence against children and women, to bridge the gap between legislation and practice, along with enhancing awareness of victims’ rights and training for public officers and legal professions (Thailand);
99.54 Continue efforts to generate greater inter-institutional coordination and availability of resources for the agencies responsible for the welfare of minors, both girls and boys (Chile);
99.62 Continue the implementation of the plan on the deinstitutionalization and transformation of social welfare homes and on legal persons performing social welfare activities for 2011–2016, with a view to reducing the number of children in institutions (Slovakia);
99.72 Ensure the elimination of any form of discrimination against children, especially children in marginalized and disadvantaged situations (Turkey);
99.75 Intensify efforts to detect, prevent and combat trafficking in children for sexual and other types of exploitation (Uruguay);
99.81 Implement programmes and policies for the prevention of all forms of violence against children, including sexual exploitation and abuse, and to strengthen social recovery and reintegration of child victims (Republic of Moldova);
99.82 Continue ensuring effective implementation of its domestic laws on the protection of the family and prevention of violence against women and children (Israel);
99.83 Reinforce its efforts to protect children, especially those in marginalized and disadvantaged situations (Maldives);
99.85 Further strengthen measures to prevent and punish trafficking in persons, especially women and children, with the prosecution of offenders and rehabilitation of victims (Bolivarian Republic of Venezuela);
99.87 Work towards the compliance of pretrial detention (remand) procedures, which includes children, with international law standards and national regulations (Libya);
99.121 Take further measures with a view to ensure that all children enjoy equal access to health services (Ukraine);
99.124 Adopt clear, appropriate measures to improve the rights of children to education (Libya);
99.126 Ensure that children in vulnerable and disadvantaged situations have equal access to education (Armenia);
99.127 Continue its efforts aimed at ensuring equal access to education, including to children in vulnerable and disadvantaged situations (Romania);
99.128 Increase its efforts to ensure that children in vulnerable situations, including Roma children, have equal access to education and to end segregation of Roma children in schools (Austria);
99.129 Intensify efforts towards providing all children with equal access to education, including the Roma children (Nigeria);
99.130 Consider ensuring an effective, inclusive education for children with disabilities, and to improve universal design to ensure accessibility to everyone (Israel);
99.137 Refrain from institutionalizing children with disabilities, and ensure sufficient alternative family-and community-based care options for children with disabilities (Ireland);
99.147 In light of the recommendation of the Committee on the Rights of the Child, act on combating discrimination by targeting situations of discrimination and vulnerability affecting children belonging to all minorities (Nicaragua);
99.149 Step up existing efforts towards the protection of the rights of minorities, especially by fighting discrimination against children of Roma descent in the field of education, and by guaranteeing the right to adequate housing of the Serbian minority (Brazil);
99.159 Review its asylum procedures to increase the efficiency of the asylum granting processes and ensure the protection of unaccompanied migrant children (Sweden)
99.165 Ensure for asylum-seeking children effective and non-discriminatory access to education (Kyrgyzstan);