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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Croatia - 9th Session - 2010
8th November, 9am to 12pm
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National Report
Compilation of UN information
Summary of Stakeholder information
Accepted and rejected recommendations
11. The responsibility for the implementation of the national legislation and accepted international commitments for the promotion and protection of human rights lies with the entire system of government (the concepts of the separation of powers and the separate functioning of the Constitutional Court), independent institutions (Ombudsperson and ombudspersons specifically for children, gender equality and persons with disabilities, respectively) and civil society organisations whose activity is supported by the Government of Croatia.
17. With a view to protecting human rights and fundamental freedoms, a number of national independent institutions have been established. The Ombudsperson is appointed by the Parliament and protects the constitutional and legal rights of citizens before the state administration and bodies vested with public powers, and is also the central body in charge of combating discrimination. There have been established special ombudspersons who operate autonomously and independently. The Ombudsperson for Children monitors the compliance of laws with the provisions of the Convention on the Rights of the Child and other international documents. The Ombudsperson for Gender Equality monitors the enforcement of the Gender Equality Act and other regulations in this area. The Ombudsperson for Persons with Disabilities protects, monitors and promotes the rights and interests of persons with disabilities on the basis of the Constitution, international treaties and laws.
21. The program framework for human rights protection is included in the National Program for the Protection and Promotion of Human Rights 2008–2011 that envisages measures on all levels and analyzes their priority areas such as: combating racial and other discrimination, gender equality, national minorities, care for the Croats living abroad, detained and missing persons in Croatia, rights of active participants and victims from the Homeland War, right to a fair trial, victim/witness protection, freedom of the media, right to access to information, religious rights and freedoms, right to work, special protection of the family, children, youth, care for particularly vulnerable groups of citizens, right to healthy life and environment, combating corruption, trafficking in human beings, security and human rights, mine clearing in the areas covered with land mines remained from the Homeland War. In 2010, the Operational Plan for the Implementation of the National Program for the Protection and Promotion of Humana Rights was adopted for the years 2010 and 2011, and its purpose is to develop and monitor the implementation of the goals, measures and activities from the National Program.
22. In many areas of human rights protection in Croatia considerable progress has been made. These areas are primarily: combating racial and other discrimination, gender equality, domestic violence and violence against women, rights of the child, rights of persons with disabilities, trafficking in human beings, migrants and asylum seekers. In addition to the Anti-discrimination Act the institutional framework has also been established, the capacity has been built and the level of knowledge of the actors in charge of the law raised, networking has been initiated and partnership culture strengthened in the implementation of anti-discrimination measures on the national and local levels, and the level of public awareness of the unacceptability of discriminatory behaviour has been raised. In regard of gender equality, progress has been made in the political participation of women that is particularly visible after the latest local election in Croatia. Domestic violence has been recognised as an absolutely unacceptable form of social behaviour as well as a violation of human rights and perpetrators are sanctioned accordingly. Croatia is one of the first states to prohibit corporal punishment of children by law, and in this area campaigns were conducted to develop awareness in the general population. With respect to the protection of the rights of persons with disabilities a normative framework has been established that regulates the question of accessibility, as well as an independent mechanism for the protection of the rights of persons with disabilities. Systematic approach to combating trafficking in human beings is realised through the coordination of the activities of state administrative bodes, civil society organisations and the media. Asylum seekers, asylees, foreign nationals under subsidiary and temporary protection are guaranteed all the rights prescribed in international documents and EU law.
46. Under the existing legislation parents are obliged to raise, support and educate their children, independently decide on their upbringing and ensure them the right to full and harmonious development of personality. Physically and mentally challenged and socially neglected children are entitled to special care and education, and the state shall care for children without parents or parental care. Sanctions are in place for abusing and neglecting of children or minors.
47. Furthermore, elementary school is obligatory and free of charge, and secondary and university education is accessible under the same conditions and in accordance with relevant capabilities. This way the principles of equality and accessibility are proclaimed, the discrimination - particularly with regard to material status - is suppressed and social exclusion prevented.
48. Pursuant to the recommendations of the Committee on the Rights of the Child, Croatia undertook many activities in this area such as: adoption of the National Plan of the Activities for the Rights and Interests of Children from Year 2006 until the Year 2012 that envisages specific measures for the implementation of the mentioned recommendations, and the establishment of the institution of the Ombudsperson for Children (2003). The Government of Croatia adopted national documents that additionally protected and promoted the rights of children, namely: National Program for Youth 2009-2013 covering the youth between 15 and 30, which partly includes children (14–18); Activity Program for Preventing Violence among Children and Youth (2004); and National Strategy for the Prevention of Behavioural Disorders among Children and Adolescents 2009–2012.
49. In addition, the protection of the rights of the child within the state administration is also the responsibility of the bodies set up specifically for this purpose: Council for Children, Commission of the Government of the Republic of Croatia for the Prevention of Behavioural Disorders among Children and Adolescents, and Council for Youth.
50. Croatia has introduced the legal prohibition of corporal punishment of the child under which the parents and other family members must not subject the child to a degrading treatment, mental and physical violence or abuse. The relevant legislation prescribes the duty of the parents to protect the child from corporal punishment by others and introduces a number of measures to be taken by the authorities in charge when the violation of the rights of the child has been noted.
51. Within the CoE Initiative against Corporal Punishment of Children, Zagreb hosted the launch of the international Campaign to Abolish Corporal Punishment of Children (2008), on which occasion CoE Member States were recommended the implementation of respective national campaigns. Belonging to just 1/3 of CoE Member States that have regulated this issue by law, Croatia launched a one-year National Campaign on all levels in 2009. The goals were to warn of corporal punishment as a socially unacceptable behaviour with lasting consequences and to inform the public and the media about the necessity of the measures that contribute to the elimination of this practice, as well as to promote positive parenthood as a social value. Within the framework of the campaign for the youth launched by the CoE the national campaign “All Different/all Equal” was conducted to promote variety and inclusion of the youth into society.
52. Persons with disability have been recognised in Croatia as a social group to which special care and inclusion into the life of the community are to be provided, and children with disabilities are guaranteed special care and education.
53. Special care for the children with disabilities is regulated through specific laws that prescribe the right of an employed parent of a child with severe disabilities to use additional leave – after parental leave – or work shorter hours in order to care for the child and in the interest of the child, until the child is 8 years old. A child with severe health condition (that occurred before the child turned 18 and established under social welfare regulations) is entitled to child allowance until the calendar year in which it turns 27. Furthermore, the status of parent caretaker is provided to parents of the persons whose overall condition is so bad that it requires permanent parental care. In Croatia there is a regulated method for collecting data on the cause, degree and severity of health impairment of persons with disabilities.
56. Croatia is a party to the Convention on the Rights of Persons with Disabilities and its Protocol, whose standards are included in the National Strategy for Equalising the Opportunities of Persons with Disabilities 2007–2015. The goal of the strategy is to strengthen the protection of the rights of persons with disabilities and children with impaired development, and the harmonization of the national framework with the standards on the global level and with the trends of opening and making all areas of life accessible to persons with disabilities.
58. Joint activities in creating conditions for more effective integration of persons with disabilities are presently focusing on examining the possibilities of the legal regulation of the right to a personal assistant and the right to an interpreter for the deaf and deaf/blind; the provision of various services for children with impaired development and persons with disabilities to enable them to better and more equally participate in the life of the community and to prevent accommodation in institutions; further development of programs at family centres to support families with disabled persons; adoption of local strategies.
60. Republic of Croatia supports international activities in the suppression of trafficking in human beings and is a party to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (a so-called Palermo Protocol) and the CoE Convention on Action against Trafficking in Human Beings.
62. The normative framework prescribes granting temporary stay for humanitarian reasons to a foreign national who, as a victim of trafficking in human beings, accepts the program of assistance and protection. The program includes medical and psychological and social- welfare protection, secure accommodation, translation and interpreting services, legal assistance and safe return to the state of origin conducted by the Ministry of the Interior under the observance of the rights, security and dignity of the victims. Minors who are victims of trafficking in human beings shall not be returned to any state if following an estimate of the risk and safety there is an indication that such a return would not be in their interest.
75. In Croatia the right to compulsory and free education is guaranteed, there is a legal framework in place for the implementation of this right. This legal framework prescribes the right to systematically upbringing and education from the earliest age, in accordance with the universal cultural and civilised values, human rights and the rights of the child, principles of variety and tolerance, and active and responsible participation in the democratic development of society. The existing normative framework prescribes the principles of accessibility and establishment of gender balance among the attendants and accessibility of education to all, with the possibility of the participation of an individual in the learning process in accordance with his/her capacities and needs. Furthermore, the above-mentioned normative framework reinforces the principles of equality and accessibility of high education to all citizens and guarantees involvement of the participants in the education in the conduct and quality implementation of the principles of the Bologna Process. Members of national minorities are guaranteed education in their mother tongues according to the curricula that include additional content related to language, literature, history, geography and culture of respective national minorities.
79. Single parent beneficiaries of permanent assistance whose children receive support are currently in a position of inequality because the amount of support for a child (the benefit is meant for the child, not for their parent) is calculated as income of the family, i.e. reduces the amount of the permanent assistance for the family. The purpose of the institute of support is thus degraded and amendments to the legislation is planned to exempt child support from the family income.
81. There is compulsory insurance for persons with residence and foreign nationals with permanent stay in Croatia, unless provided otherwise in an international social security treaty. Exceptionally, children until 18 with residence i.e. permanent stay in Croatia are considered insured with the rights and duties pertaining to compulsory health insurance.
105. As concerns the Roma, it is necessary to achieve an even higher level of their integration in the Croatian society. It is, therefore, important to continue with the activities aimed at the inclusion of the Roma children and youth in the educational system. Moreover, it is necessary to continuously invest in the improvement of the housing conditions in which members of the Roma minority live, and it is important to ensure them a higher level of health care. Special attention needs to be directed to settling the remaining status issues of members of the Roma minority.
1. In 2009, the Committee on the Elimination of Racial Discrimination (CERD) encouraged Croatia to proceed with the preparation of the optional declaration provided for in article 14 of ICERD and to consider ratifying ICRMW. CESCR in 2001 and UNHCR in 2010 recommended that Croatia accede to the 1961 Convention on the Reduction of Statelessness. In addition, CRC recommended ratification of the Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption.
8. In 2007, CRC recommended that Croatia continue and strengthen its political, human and financial support for the Office of the Children’s Ombudsperson.
10. In 2007, CRC recommended that Croatia continue to implement the National Plan of Action for Children with respect to protection, rehabilitation and social reintegration of child victims of war. CRC also recommended that Croatia prioritize budgetary allocations to ensure implementation of the economic, social and cultural rights of children.
11. In 2005, Croatia adopted the United Nations Plan of Action (2005–2009) for the World Programme for Human Rights Education focusing on the national school system. In 2007, CRC noted that the Government had started human rights education in schools, but regretted that human rights and, in particular, peace education were not yet elements of the curricula of all schools at all levels.
12. In 2004, CRC regretted that recommendations regarding, inter alia, non-discrimination in the repossession of property by returned refugees, international cooperation to resolve the property issue, and the situation of children in institutions or foster care had not been given sufficient follow-up.
16. CERD was concerned about reports of societal prejudice against certain minority groups, such as the Roma and Serb minorities, and encouraged Croatia to strengthen its efforts aimed at the promotion of inter-ethnic harmony and tolerance among the public at large. The HR Committee and CRC made similar recommendations in 2009 and 2004 respectively.
17. While expressing appreciation for the adoption of certain measures, such as the Action Plan for the Decade of Roma Inclusion and the National Roma Programme, CERD continued to be concerned about the discrimination faced by members of this minority, in particular in the areas of education, employment, housing, citizenship, and political participation. In 2001, CESCR recommended that the necessary measures be taken to ensure that the rights of all minority groups are enjoyed throughout the territory without discrimination. In addition, CRC recommended that Croatia strengthen its administrative and judicial measures to prevent and eliminate de facto discrimination against children belonging to minorities, especially Roma and foreign children.
23. Concern was expressed by CAT about the alleged failure of the State to address theissue of violence and bullying between children and young adults placed in social care institutions. It recommended that Croatia ensure that violent acts are reported and investigated, providing support and treatment for children and young adults with psychological problems. CRC expressed similar concerns in 2004.
24. The HR Committee was concerned about incidents of domestic violence and impunity due to a low conviction rate, and recommended an effective implementation of the Law on Protection from Family Violence and other relevant legislation. CEDAW called upon Croatia to ensure that violence against women is prosecuted and punished and urged it to ensure that enough shelters are available to women victims of violence. CRC recommended that Croatia strengthen awareness-raising and education campaigns with the involvement of children in order to prevent and combat child abuse and promote positive, non-violent forms of discipline.
25. CRC referred to the relatively high number of deaths and injuries among children due to traffic and domestic accidents.65 It was also concerned that pornographic and other harmful material in printed and electronic media was easily available and accessible to children.
26. In 2005, CEDAW highlighted that Croatia had become a country of origin, transit and destination of trafficked women and girls, and that the incidence of trafficking was leading to an increase in the exploitation of women’s prostitution. CRC recommended that Croatia further strengthen its efforts to identify, prevent and combat trafficking in children for sexual and other exploitative purposes. In 2009, the HR Committee welcomed the National Action Plan for Suppression of Trafficking of Human Beings (2009-2011) and the cooperation agreements with neighbouring countries.
27. The ILO Committee of Experts noted in 2009 that the offences covered by the Juvenile Courts Act do not include the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and recalled that such activities are considered to be one of the worst forms of child labour.
29. In 2004, CRC recommended that Croatia ensure the full implementation of juvenile justice standards, and, in particular, that deprivation of liberty is used only as a last resort measure and for the shortest possible time, that guarantees of due process are fully respected, and persons under 18 are not detained with adults.
33. CERD noted with concern that Roma girls tend to be married at an early age and recommended the effective implementation of laws concerning the legal age of marriage in consultation with the communities affected.
34. UNICEF stated that many children are placed in institutions where they grow up deprived of the nurturing and support that a family setting could provide. CRC expressed concern about the low quality of care and treatment provided to children placed in institutions or foster care. It recommended, inter alia, that Croatia give high priority to providing assistance to families in order to prevent the placement of children in alternative care, and ensure that institutionalization is used only as a last resort measure.
35. CRC recommended that Croatia apply the Hague Convention on the Civil Aspects of International Child Abduction to all children abducted to Croatia, and if necessary,conclude bilateral agreements.
44. CRC recommended, inter alia, that Croatia take all necessary measures to accelerate the elimination of child poverty and to continue to provide material assistance and support to economically disadvantaged families, notably Roma families and families of foreign origin. It also recommended that Croatia ensure that all children enjoy equal access to quality health services, with special attention to children from ethnic and minority groups.
45. CRC remained concerned at the increasing number of cases of drug abuse, as well as alcohol and tobacco consumption by adolescents. Concern was also expressed about their low perception of the risks of contracting HIV and other STDs. CRC recommended that Croatia enhance its efforts to address adolescent hhealth programmes are effectively implemented.
49. In 2004, CRC was concerned about the different access to education for children belonging to minorities and vulnerable groups. In 2009, CERD reiterated its recommendation that Croatia ensure equal access to quality education for Roma children, including through teaching in the Romany language and preventing de facto segregation of Roma pupils. In addition, CESCR recommended that Croatia ensure that all children residing within its territory, regardless of their ethnic origin or the status of their parents, are able to attend school and are protected from discrimination. A 2009 United Nations Statistical Division source indicated that the total net enrolment ratio in primary education in Croatia was 98.9 per cent in 2007.
50. CRC was concerned that the education system was still very centralized, and referred to the poor quality of equipment and school facilities in many parts of the country. It recommended, inter alia, that Croatia improve the quality of education, take measures towards decentralization, and integrate children with disabilities into the mainstream education system and into society.
51. In 2005, CEDAW encouraged Croatia to strengthen the mainstreaming of gender perspectives in curricula and textbooks. It called on Croatia to further encourage diversification of the educational choices of boys and girls and, at the tertiary level, to attract more women into the field of science and technology, including through temporary special measures.
59. 2007, CRC recommended that Croatia identify, at the earliest possible stage, refugee, asylum-seeking and migrant children within their jurisdiction who may have been recruited or used in hostilities abroad, if any, and provide them with assistance for their recovery and social reintegration.131 UNHCR, recommended that Croatia provide an effective solution for the accommodation of all unaccompanied and separated children (USC), and ensure timely and appropriate appointment of specialized guardians for USC including asylum-seekers.
60. UNDP noted that Croatia was on track to achieving the Millennium Development Goals related to extreme poverty and hunger, universal primary education, child mortality, maternal health, environmental sustainability, and HIV/AIDS, malaria and other diseases. UNHCR acknowledged the efforts and achievements of Croatia in addressing anumber of issues relating to people protected under its mandate.
64. CRC recommended that Croatia seek technical cooperation/assistance from relevant United Nations entities with regarding adolescent health issues, juvenile justice and police training. It also recommended that Croatia strengthen its cooperation in the implementation of OP-CRC-AC, including through technical cooperation and financial assistance.
6. JS1 reported that, in addition to the people's ombudsman, established in 1992, Croatia introduced thereafter specialized ombudsmen, namely the Ombudsman for Children, the Gender Equality Ombudsman, and the Ombudsman for persons with disabilities. JS1 recommended that Croatia conduct an evaluation of their work based on clearly established indicators. ORC recommended that Croatia strengthen the Ombudsmen's institutional capacities and improve the coordination between the various governmental bodies responsible for the implementation of citizens’ rights.
10. Joint Submission 2 (JS2) and JS1 noted that the National Program for Youth (2009–2013) was not being implemented in a satisfactory manner, and that youth programs were often not granted significant funds necessary for their implementation. JS1 recommended that Croatia systematically monitor and evaluate national youth strategies and include young people in developing these strategies.
11. ORC recommended that Croatia consider adopting a plan of action to protect the most vulnerable groups of children and establishing a special budget for children.
12. JS2 referred to the National Strategy for Prevention of Behavioural Disorders in Children and Youth 2009–2012 and indicated that there are many examples of good practice in this area. However, JS2 noted problems in implementing legislation, lack of institutional cooperation and insufficient financial support to programmes for children with behavioural disorders, among others. ASA highlighted the adoption of the 2007–2015 National Strategy of Equalization of Opportunities for Persons with Disabilities and the Reform Strategy of Social Allowances, but mentioned that these policies were not adopted in a participative and transparent manner.
14. JS1 noted that Croatia did not report regularly to treaty bodies and ORC underlined that Croatia did not submit its periodic report under the Convention on the Rights of the Child.
28. According to MDAC, there are no written policies, regulation or guidelines on how restraint should be administered, monitored and recorded, and there are no provisions regulating the use of chemical restraint. This leads to defective practices across psychiatric establishments in breach of the right to be free from ill-treatment. API indicated that persons with intellectual disability, who were institutionalised and deprived of their legal capacity, did not have the possibility of lodging complaints for human rights violations within these institutions and no actions had been initiated by them or their legal representatives. API, ASA and JS1 recommended that Croatia grant free and unlimited access for human rights organizations to such institutions and their residents. MDAC recommended that Croatia abolish the use of cage beds and restraints in children’s institutions, and introduce legislation and/or a Ministerial protocol on restraint to systematise the use of restraints and prevent its abuse.
30. ORC reported that there was a lack of efficient preventive programmes to protect children from all kinds of violence and that improved coordination between relevant stakeholders and continued work with and treatment of both victims and perpetrators had not been organized. ORC noted that in spite of legal prohibition, corporal punishment of children continues to be tolerated and meets no adequate response by competent bodies. ORC mentioned that there were worrying cases of questionable quality of care and treatment in institutions for children and referred to the problem of violence in educational institutions.
32. ORC indicated that judicial inefficiency and slowness was particularly intolerable in cases dealing with the rights of children and stressed the need for judicial reform and setting up of specialized courts.
37. ORC reported that due to inadequacies in the social welfare system, there were cases of superficial and erroneous assessments, resulting in the prolonged institutionalization of children without adequate parental care. ORC recommended that Croatia upgrade the infrastructure of institutions providing care for children and the quality of their professional services.
56. ORC was concerned about the decision by the Government not to introduce health education in schools, which should have integrated all areas of risk to children's health. JS1 reported that there was no systematic sexual education as part of the school curriculum.
60. ORC reported that members of the Roma minority were not fully included in the educational system, the main reason being poor coordination between central and local government bodies in providing quality integrated educational services. The position of Roma women was particularly difficult, as they were often unable to finish school for reasons of gender. Two important measures of the National programme for the Roma and the Action plan for inclusion of the Roma 2005–2015 (a free two-year preschool programme for Roma children and a clear integration policy in primary schools) were not being implemented in a consistent manner, in spite of a considerable increase in the funds made available from the Government and from donations.
61. ASA reported that children with disabilities were refused access to most kindergartens, although the law prescribed for their integration. It also reported that, within primary education, apart from children categorised as persons with a mild intellectual disability, children with intellectual disabilities were referred to special schools. This situation was even worst in secondary education. ASA recommended that Croatia integrate children with intellectual disability in regular schools and to change the law accordingly. DODIR expressed similar concerns with regard to deafblind children. It added that at the national level, no sign language interpreters are provided in classes and that children with disabilities are educated for certain professions according to a stereotypical and outdated understanding of their abilities. DODIR recommended that Croatia adapt educational programs intended for children with disabilities to the needs of the labour market of today.
Accepted and Rejected Recommendations
The following recommendations were accepted:
A - 96.5. Consider the possibility of strengthening targeted social assistance to low-income families with children (Belarus);
A - 96.6. Give special attention to educating Roma girls, many of whom are often unable to finish school because of their gender (Finland);
A - 97.2. Ratify the Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption (Ecuador);
A - 97.11. Take all necessary measures to protect and promote the rights of persons, notably children with disabilities (Sweden);
A - 97.12. Continue its efforts in protecting the rights of women and children (Egypt);
A - 97.13. Guarantee the exercise of the economic, social and cultural rights of children (Ecuador);
A - 97.25. Strengthen efforts to combat racial discrimination, especially against the Roma and Serb minorities, in particular in the areas of education, employment, housing, citizenship and political participation (Ecuador);
A - 97.33. Strengthen effective legal and administrative measures to address all forms of violence against children and, in particular, discrimination against children belonging to minorities, especially Roma and foreign children (Bangladesh);
A - 97.34. Implement an effective law to protect the women and child victims of domestic violence (Indonesia);
A - 97.35. Step up the education and awareness-raising campaigns so as to prevent ill treatment of boys and girls, in accordance with recommendations of the Committee on the Rights of the Child (Chile);
A - 97.40. Continue its efforts in the suppression of trafficking in human beings, in particular in women and girls (Pakistan);
A - 97.41. Step up its efforts to detect, prevent and combat trafficking in minors for the purpose of sexual or other forms of exploitation, in accordance with recommendations of the Committee on the Rights of the Child (Chile);
A - 97.42. Strengthen its efforts to combat trafficking in women and children for sexual and other exploitative purposes (Ghana);
A - 97.59. Strengthen policies on the rights of the child, with attention to the Guidelines for the Alternative Care of Children, according to Human Rights Council resolution 11/7 and General Assembly resolution 64/142 (Brazil);
A - 97.66. Pursue its ongoing positive efforts to promote and protect the rights of children in the area of access to health and education, as well as to ensure the empowerment of women (Cuba);
A - 97.67. Ensure equal access to quality education for Roma children (Finland);
A - 97.68. Reach out to the parents of Roma children to make sure that they fully understand the importance of education and, in this effort, use school assistants with a Roma background (Finland);
A - 97.69. Tailor and design tuition in special schools on the basis of the child's individual needs rather than ethnicity (Finland);
A - 98.12. Enact legislation to ensure that imprisonment is used only as a last resort when sentencing all juvenile offenders, ensure that they are held separately from adult offenders, and provide systematic resource realization support to them (Austria);
No recommendations remain pending.
No recommendations were rejected.