CROATIA: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

 


UN Human Rights Committee

CCPR/C/HRV/CO/3

Last reported: 23/ 24 March 2015    

Concluding Observations adopted: 30 April 2015

Concerns raised:

Persons with disabilities: The Committee welcomes the fact that the use of enclosed restraint beds (cages/net beds), as a means to restrain mental health patients has been abolished. While noting the recent adoption of the Act on the Protection of Persons with Mental Disorders (2015), the Committee is concerned about reports of excessive and prolonged use of involuntary hospitalization for persons with intellectual or psychosocial disabilities (arts. 7 and 9). In the light of the Committee’s general comment No. 35 (2014) on liberty and security of person, the State party should ensure that deprivation of liberty is applied only as a measure of last resort and for the shortest appropriate period of time and that it is accompanied by adequate procedural and substantive safeguards established by law. The State party should ensure respect for the views of the individual and ensure that any representative genuinely represents and defends the wishes and interests of the individual. Furthermore, the State party should establish an independent monitoring and reporting system, and ensure that abuses are effectively investigated and prosecuted and that redress is provided to the victims and their families. The State party should promote psychiatric care aimed at preserving the dignity of patients,both adults and minors, and develop a plan for deinstitutionalization, including appropriate outpatient and community-based care programmes. (Paragraph 16)

Unaccompanied and separated migrant children:  The Committee is concerned about the reported neglect of the situation of unaccompanied and separated migrant children in the country. The Committee notes with concern that no clear criteria for appointing guardians are established under the existing legal procedures for appointing guardians (art. 24).The State party should develop a procedure to address the specific needs of unaccompanied non-citizen children and to ensure that their best interests are upheld in the course of any immigration, expulsion or related proceedings. The State party should establish clear criteria for appointing guardians and take all the measures necessary to ensure that guardianships for unaccompanied minors are assigned to persons who will represent the minors’ best interests. (Paragraph 20)

Discrimination against Roma: The Committee recalls its previous recommendations (see CCPR/C/HRV/CO/2, para. 19) and reiterates its concern regarding the de facto discrimination against Roma. The Committee is particularly concerned about continued reports of de facto segregation of Roma children in the education sector and about the lack of opportunities to receive instruction in their languages...(arts. 2 and 24-27). The State party should take immediate steps to eradicate the segregation of Roma children in its education system by ensuring that placement in schools is carried out on an individual basis and is not influenced by the child’s ethnic group. The State party should step up efforts to ensure that Roma children can receive an education, in their mother tongue, that is of the same quality and content as that of other students... (Paragraph 21)

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CCPR/C/HRV/CO/2
Last reported: 14 / 15 October 2009
Concluding Observations issued: 4 November 2009

Issues raised:

Education and minority groups: While commending the State party on the steps taken to improve the situation of Roma, including the National Programme for the Roma and the Action Plan for the Decade of Roma Inclusion 2005-2015, the Committee is concerned at de facto segregation of Roma pupils in some schools. (arts. 26, 27 of the Covenant) The State party should intensify its efforts to implement its legislative provisions with a view to effectively ending de facto segregation of some Roma children in schools. (Paragraph 19).

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UN Committee on Economic, Social and Cultural Rights

E/C.12/1/Add.73
Last reported: 19 / 20 November 2001
Concluding Observations issued: 30 November 2001

Issues raised:

Education and minority groups: With respect to the right to education, the Committee commends the near achievement of universal and free compulsory primary education, in conformity with article 14 of the Covenant. However, it is concerned by reports that some children from certain minority groups, in particular the Roma, and children of undocumented aliens may not be going to school. The Committee is concerned about reports that the curriculum and textbooks used in schools contain derogatory references to minority groups. (Paragraph 19).

The Committee recommends that immediate steps be taken to ensure that all children residing within the territory of the State party, regardless of their ethnic origin or the status of their parents, are able to go to school and are protected from discrimination.

Human Rights Education: The Committee urges that the educational curricula of schools at all levels be reviewed with a view to promoting human rights education, mutual understanding, tolerance and friendship, in accordance with article 13. Conversely, any educational material that is discriminatory or derogatory towards others should be removed. It recommends that the State party take guidance in such educational reform from General Comment No. 13 of the Committee on the right to education and by General Comment No. 1 of the Committee on the Rights of the Child on the aims of education. (Paragraph 37).

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UN Committee on the Elimination of Racial Discrimination

CERD/C/HRV/CO/8 :
Last reported: 26 / 27 February 2009
Concluding Observations issued: 24 March 2009

Issues raised:

Education and minority groups: The Committee, while expressing appreciation for the measures adopted by the State party to eliminate discrimination against the Roma communities, such as the Action Plan for the Decade of Roma Inclusion and the National Roma Programme, continues to be concerned about the discrimination faced by members of the Roma minority in their enjoyment of human rights, in particular in the fields of education, employment, housing, citizenship, and political participation. The Committee also notes the apparent reluctance of members of the Roma minority to identify themselves as such on the occasion of national data gathering exercises. (arts. 5 and 2) . (Paragraph 14).

The Committee, drawing attention to its general recommendation No. 27 (2000) on discrimination against Roma, reiterates its recommendation that the State party continue to pay attention to the situation of the Roma minority and intensify its efforts to eliminate discrimination against it. In particular, the State party should ensure equal access to quality education by Roma children, including through teaching in Romani, prevent de facto segregation of Roma pupils, and take further measures to combat stereotypes. It should also ensure effective implementation of its policies aimed at higher employment rates for Roma, adequate political representation at all levels and equal access to citizenship and housing. The Committee also encourages the State party to create such conditions for members of the Roma minority as are conducive for them to identify themselves as such.

Early marriage: The Committee notes with concern that Roma girls tend to be married at an early age in spite of the legal provisions prohibiting such early marriages. (art. 5 (d) (iv)) The Committee recommends that the State party ensure the effective implementation of its laws concerning the legal age of marriage in consultation with the communities affected and to undertake awareness-raising campaigns among the groups concerned regarding the illegality of such marriages. It draws the State party's attention to its general recommendation No. 27 (2000) on discrimination against the Roma, as well a general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination. (Paragraph 18).

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UN Committee on the Elimination of Discrimination against Women

CRPD/C/BRA/CO/1

Last reported: 15 July 2015

Concluding Observations adopted: 24 July 2015

Issues raised:

Constitutional and legislative framework: The Committee notes that the Constitution of the State party enshrines the right to gender equality and non-discrimination and also establishes it as a secular State. The Committee is also aware of the different Concordats which the State party has agreed to with the Holy See. The Committee would like to ensure that the supremacy of the Convention prevails in order to prevent setbacks in areas such as: access to sexual and reproductive health, including access to safe abortion and contraceptives; age-appropriate sexual education; and, placing primacy on the family unit rather than women as individual rights holders.The Committee urges the State party to take measures, including legislation, to ensure adequate safeguards so as to prevent sociocultural attitudes, including those of a religious origin, from constituting hindrances to the full realisation of women’s rights (Para. 8 & 9).

Stereotypes: The Committee notes that the State party has recently implemented a points-based system which allocates additional funding to radio and television stations for pthe production of gender-sensitive content. However, the Committee is concerned about the persistence of stereotypes concerning the roles and responsibilities of women and men in the family and society, which have the effect of perpetuating traditional roles for women as mothers and wives, and undermining women’s social status and their educational and career prospects. The Committee also notes with concern that the media, particularly in advertisements and television programmes which promote the objectification of women, still convey stereotyped and derogatory images of women, notwithstanding numerous programmes and measures taken for countering this phenomenon. The Committee calls upon the State party to: (a)Further develop and implement a comprehensive policy with proactive and sustained measures, targeted at women, men, girls and boys, to overcome stereotypical attitudes about the roles and responsibilities of women and men in the family and in society; and (b)Strengthen the institutional capacity of the Ombudsperson for Gender Equality and its regulatory, complaints and sanctions mechanisms for dealing with gender discriminatory media or content which objectifies women, including by providing for effective and commensurate sanctions in cases where gender discriminatory, gender stereotypical or derogatory content has been disseminated by media producers and/or distributors (Para. 16 & 17)

Trafficking and exploitation of prostitution: The Committee notes with appreciation the legislative and policy measures and programmes aimed at protecting women and girls who are victims of trafficking. However, the Committee is concerned that:(a) Perpetrators of human trafficking are often charged for offences of pimping rather than the more severe charges of human trafficking, resulting in disturbingly low rates of convictions for human trafficking;  (b) Victims of exploitation of prostitution are sometimes prosecuted rather than provided with appropriate victim support measures while persons purchasing sex from victims of forced prostitution and/or victims of human trafficking have not been consistently prosecuted and commensurately punished; (c) There are inadequate mechanisms for identifying victims of human trafficking in situations of heightened risk; (d) There are inadequate systems for the collection of disaggregated data on victims of trafficking, including by sex, age, ethnicity and nationality; and, (e) There are inadequate shelters and training of personnel therein for victims of human trafficking. (f) There are inadequate measures to address the specific vulnerabilities and needs of non-national victims of human trafficking.The Committee recommends that the State party: (a) Ensure that perpetrators of human trafficking are sentenced with commensurate sanctions; (b) Consider measures to discourage the demand for prostitution and ensure that women and girls victims of trafficking who have been subjected to forced prostitution are referred to adequate support measures rather than being prosecuted by default and that individuals having purchased sex from victims of trafficking are prosecuted and adequately punished (Para. 20 & 21).

Education: The Committee welcomes the high enrolment rate of girls in secondary education and of women in tertiary education. However, it remains concerned at the: (a) Prevalence of traditional and patriarchal values in school curricula and lack of gender equality education; (b) The inadequacy of age-appropriate sexual and reproductive health education in schools; (c) Continuation of sex-based differences in enrolment in secondary education whereby girls are concentrated in general secondary education as opposed to vocational/industrial education and women in traditional areas in tertiary education...The Committee recommends that the State party: (a) Undertake a revision of school curricula and materials to remove discriminatory gender stereotypes and include mandatory modules on gender education; (b) Increase the hours and quality of age-appropriate education on sexual and reproductive health in schools; (c) Intensify its efforts aimed at diversifying academic and vocational choices for women and men and girls and boys, and take further measures to encourage women and men to choose non-traditional fields of education and career paths... (Para. 26 & 27).

Rural women: The Committee is concerned about the limited access by rural women: to land, with only approximately 28% of farms owned by women; to related resources; as well as social and health services; training facilities; economic opportunities; and, participation in political and public life, including in decision-making processes at the community level. The Committee is also concerned about the lack of childcare facilities in rural areas. It is concerned that the Croatian Rural Development Programme which was adopted by the European Commission in May 2015 does not have adequate measures to specifically address the above-mentioned issues. The Committee recommends that the State party ensure that rural women have adequate access to land, related resources, as well as social, health and other basic services and economic opportunities, as well as equal opportunities for women to participate in political and public life, in particular in decision-making processes at the community level. It also recommends that the State party ensure the availability of childcare facilities in rural areas. Furthermore, the Committee recommends that the State party take into account the above-mentioned specific needs of rural women in the implementation of the Croatian Rural Development Programme (Para. 34 & 34).

Roma Women: The Committee is concerned about the lack of adequate financial resources allocated to the implementation and evaluation of measures for addressing discrimination against persons of Roma ethnicity as well as the continuing marginalization of Roma women and the intersecting forms of discrimination they face, especially with regard to access to education, employment and health care, identity documents, protection from violence and access to justice and about the persistence of traditional harmful practices such as early marriages leading to school dropout. The Committee is also concerned about the lack of information on the use of temporary special measures to improve the situation of Roma women. The Committee recommends that the State party expeditiously allocate additional financial resources to national action plans and strategies aimed at eliminating all forms of discrimination against Roma women. In doing so, the State party should establish monitoring mechanisms and formulate clear time-bound targets, particularly on access to essential services, education, and early marriages, for the said plans and strategies. The State party should also consider adopting additional temporary special measures for meeting these targets, with a view to accelerating the realization of substantive equality for Roma women (Para. 36 & 37).

Women affected by the conflict: The Committee notes that the State party has recently passed legislation providing for compensation to be paid to victims of sexual assaults during the 1991 to 1995 conflict. However, the Committee remains concerned there has been inadequate overall progress in providing women victims of sexual violence with access to justice, truth, reparation and rehabilitation for such human rights violations, specifically that:... (c) Reports indicate that there are inadequate support and re-integration measures for women and children post-conflict returnees. The Committee recommends that the State party:.. (c)Ensure the allocation of adequate resources to meet the needs of women and children post-conflict returnees, in particular their access to a livelihood and education for themselves and their children. (Para. 40 & 41).

Marriage and family relations: The Committee notes that the Family Act 2014 is currently suspended until the Constitutional Court reviews its conformity with the Constitution, and that the Family Act of 2003 is currently in force. The Committee also notes that the Ministry of Social Policy and Youth submitted the new draft proposal of the Family Act for public debate in early February 2015 with the final proposal of the Act. In this respect, the Committee is concerned about the lack of meaningful access by women's rights groups, particularly compared to the level of access by "men's rights" groups, to the policy fora in which critical decisions are made about legislation and other policies that have a major impact on equality in outcome of divorce and custody proceedings. Such unequal access, together with lack of transparency about decision making, results in legislation that does not comply with article 16 of the Convention as well as General Recommendation No. 19 (1992) and General Recommendation No. 29 (2013). More specifically, the Committee is concerned that:.. (a) The proposed Act adopts the "friendly parent" approach, under which parents are obligated to encourage their children's contact with each other under all circumstances, including in cases of domestic violence, so a woman seeking to limit visitation by a violent parent could face heavy fines and incarceration of up to six months; The Committee urges the State party, prior to adoption of the proposed Family Act, to undertake comparative research of lessons learnt in other countries that have undertaken similar family law reforms. In particular, the Committee calls on the State party to: (a)Amend legislation concerning child custody in divorce cases to ensure that violence by one parent against the other is identified and taken into account when deciding child custody, and that refusal to allow visitation and contact on account of alleged violence is not held against the alleging parent... (Para. 42 & 43).

Ratification of other treaties and human rights instruments: The Committee notes that the adherence of the State party to the nine major international human rights instruments would enhance the enjoyment by women of their human rights and fundamental freedoms in all aspects of life. The Committee therefore encourages the State party to consider ratifying the International Convention of the Rights of Migrant Workers and Members of their Family, International Convention for the Protection of All Persons from Enforced Disappearance, to which it is not yet a party, as well as the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Para. 47).

 

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CEDAW/C/CRO/CC/2-3
Last reported: 18 January 2005
Concluding Observations: 15 February 2005

Issues raised:

Education and stereotyping: The Committee is concerned about the persistence of sex-stereotyping in educational curricula and in textbooks. It is also concerned that girls and women in secondary schools and universities continue to choose study areas traditionally seen as "female areas" and that they are underrepresented in the sciences. (Paragraph 33).

The Committee encourages the State party to intensify its efforts to eliminate gender stereotyping, and to strengthen the mainstreaming of gender perspectives in curricula and textbooks. It also requests the State party to enhance the training of teaching staff in regard to gender equality issues. It calls on the State party to further encourage diversification of the educational choices of boys and girls and at the tertiary level, including through temporary special measures in accordance with article 4, paragraph 1, to attract more women to the field of science and technology. It also urges the State party to encourage a public dialogue on the educational choices girls and women make and their subsequent opportunities and chances in the labour market.

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UN Committee against Torture

CAT/C/HRV/CO/4-5

Adopted by the Committee: 26 November 2014

Issues raised:

Detention conditions:

The Committee is also concerned that, although the domestic legislation prescribes that juveniles convicted of crimes shall be placed in an enclosed institutional facility, such facility has not been established and juvenile convicts are placed in prisons. (arts.1 and16).The State party should establish a separate enclosed facility for juvenile convicts (para.13).

 

CAT/C/CR/32/3
Last reported: 6 / 7 May 2004
Concluding Observations issued: 11 June 2004

Issues raised:

Violence: The Committee is concerned about the alleged failure of the State party to address the issue of violence and bullying between children and young adults placed in social care institutions. (Paragraph 8 (e))

The Committee encourages the State to increase the protection of children and young adults placed in social care institutions, inter alia by ensuring that violent acts are reported and investigated, providing support and treatment for children and young adults with psychological problems, and ensuring that these institutions employ trained personnel, such as social workers, psychologists and pedagogues (Paragraph 9 (e)).

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UN Committee on Migrant Workers

 

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/HRV/CO/1
Concluding Observations: 15 May 2015

Issues raised:

Equality and non-discrimination (art.5): The Committee is concerned that, for the purposes of entitlement to social services and benefits, a distinction is made between different causes of impairments, such as war or accidents. It is also concerned that exclusion and segregation in education, work and residential living is not regarded as a form of discrimination. (para 7)

The Committee recommends that disability-based services and benefits be made available to all persons with disabilities, irrespective of the cause of their impairment. It also recommends that the State party take legislative and policy measures to clarify that disability-based exclusion and segregation in education, employment and other fields of social life is a form of discrimination. (para 8)

Women with disabilities (art. 6): The Committee is concerned that a high proportion of women with disabilities have primary school education only, or less. Moreover it is concerned about the gap between the number of men with disabilities in employment and the number of women with disabilities in employment. The Committee is also concerned at reports about violence in families and institutions, in particular psychiatric institutions, against women and girls with disabilities. (para 9)

The Committee recommends that, in consultation with organizations representing women with disabilities, measures be taken to strengthen the development and empowerment of women with disabilities in fields such as education and employment, and that immediate action be taken to protect women and girls with disabilities from violence, including sexual violence. The Committee recommends mainstreaming women with disabilities into general gender equality policies. It recommends that sufficient budget resources be allocated and clear timelines established for the implementation of all those measures. The Committee recommends that data and statistics on the situation of women and girls with disabilities be systematically collected, including indicators that assess intersectional discrimination, and that an analysis of them be included in the next periodic report. (para 10)

Children with disabilities (art.7): The Committee is seriously concerned about the high rate of child abandonment and subsequent institutionalization of children with disabilities in the State party, particularly owing to the lack of attention and care they receive in the areas of education, health and habilitation, their vulnerability to violence and abuse, and the limited scope of specific measures for them in rural areas. The Committee is also concerned that children with disabilities are not systematically involved in decisions that affect their lives and do not have the opportunity to express their opinions on matters that affect them directly. (para 11)

The Committee recommends that the State party ensure that children with disabilities are protected on an equal basis with others in all legislation, policies and measures aimed at children, and that it strengthen its policy on the deinstitutionalization of children with disabilities. It also recommends that the State party establish and implement a strategy to prevent people from abandoning children with disabilities, and that it adopt safeguards to ensure that children with disabilities are consulted on all matters that affect them. The Committee recommends that the State party implement a moratorium on new admissions to institutions and strengthen its efforts to provide psychological, financial and social service support measures to families. (para 12)

Freedom from violence and abuse (art.16): The Committee is concerned that mainstream services for victims of violence are not generally accessible to persons with disabilities, and that in particular women, girls and boys with disabilities are left unprotected. It is also concerned that, with the exception of the State Commission for the Protection of Persons with Mental Disorders, there is no independent monitoring mechanism in line with article 16 (3) for programmes and facilities serving persons with disabilities. (para 25)

The Committee recommends that the State party mainstream services aimed at the protection of persons with disabilities from violence and that it make such services fully accessible. Furthermore, monitoring mechanisms should be developed in line with article 16 (3) of the Convention. (para 26)

Protecting the integrity of the person (art.17): The Committee is deeply concerned that children and adults with disabilities can be sterilized without their free and informed consent pursuant to the Health Act, in cases in which their parents or guardians have so requested. It is also concerned that persons with disabilities are frequently forced to receive medical treatment. (article 27)

The Committee recommends that: (a) The Health Act be urgently amended to unconditionally prohibit the sterilization of boys and girls with disabilities, and that of adults with disabilities in the absence of their individual prior, fully informed and free consent. (para 28)

Education (art.24): The Committee is concerned that a large number of persons with disabilities have not completed primary education, that less than 30 per cent have completed secondary education, and that steps to provide reasonable accommodation to students with disabilities in mainstream educational facilities are insufficient. It is also concerned that exclusionary and segregated education of persons with disabilities is not considered discriminatory. (para 35)

The Committee recommends that the State party take immediate steps to ensure that all persons with disabilities have access to inclusive quality primary, secondary and tertiary education and that reasonable accommodation is provided in mainstream education. It also recommends establishing the principle that exclusionary and segregated education is discriminatory. It recommends that teachers and other professionals receive training on inclusive education and that all secondary education facilities be made accessible to persons with disabilities. (para 36)

Habilitation and rehabilitation (art.26): The Committee is concerned that many boys and girls with disabilities have no access to early intervention services, and that the situation is particularly hard for children with autism. (para 39)

The Committee recommends that the State party take measures to provide early intervention services to all children with disabilities. (para 40)

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UN Committee on Enforced Disappearance

 

Countries

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