CROATIA: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

 Scroll to:

• Inequality and discrimination in access to education, particularly affecting Roma children
• Trafficking of children
• Inadequate provision for children with disabilities
• Violence against children in state institutions
• Inadequate protection for displaced children

______________________________________________________________

Inequality and discrimination in access to education, particularly affecting Roma children

UN Committee on the Rights of the Child (Concluding Observations, 2004)

While noting the efforts made by the State Party with regard to education - e.g. the 2001 Law on the Changes and Amendments of the Primary Education Law, it remains concerned about the different access to education of children belonging to minority and most vulnerable groups, including Roma children, children living in poverty, children with disabilities and foreign children which hampers the full enjoyment of a system of education adequate to their values and identity. The Committee is also concerned that the education system and its organisation remain very centralised and that human rights education is not included in the curricula. Finally, the Committee is concerned about the shift system of instruction and the poor equipment and school facilities in many parts of the country. (Paragraph 57)

The Committee recommends that the State party

(a) take all necessary measures to ensure that article 28 and 29 of the Convention are fully implemented, in particular with regard to children belonging to the most vulnerable groups (i.e. minority groups, living in poverty, etc.),
(b) ensure the implementation of the National Programme for Roma, providing it with adequate human and financial resources and with periodic evaluation of its progress,
(c) allocate more funds to reduce the number of shifts in schools and to improve the quality of education in the whole country in order to achieve the goals set out in article 29, paragraph 1, of the Convention and in the Committee’s General Comment on the aims of education (CRC/GC/2001/1),
(d) ensure that human rights education, including children’s rights, are included in the school curricula and that materials are available in the different languages used in schools, and that teachers have the necessary training,
(e) take measures to move towards decentralisation
(f) adopt teaching methods that encourage child-centered active learning and stronger participation of children,
(g) take the necessary measures to integrate children with disabilities in the mainstream education system, including vocational education, and society,
(h) in the light of Article 29 on aims of education, establish adequate programmes and activities with a view to create an environment of tolerance, peace and understanding on cultural diversity to prevent intolerance, bullying and discrimination in schools and society at large. (Paragraph 58)

UN Human Rights Committee
Last reported: 14 and 15 October 2009
Concluding Observations issued: 4 November 2009

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).

UN Committee on Economic, Social and Cultural Rights
Last reported: 19 / 20 November 2001
Concluding Observations issued: 30 November 2001

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.

UN Committee on the Elimination of Racial Discrimination
Last reported: 26 / 27 February 2009
Concluding Observations issued: 24 March 2009

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.

Special Rapporteur on the Human Rights Situation in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro)
Mr. Jiri Dienstbier
Country visit: 25 April to 27 April 2000
Report published: 29 January 2001

The education system reveals a number of problems, including lack of material resources, lack of access for disabled students and a shortage of women in senior education posts. The most serious and pervasive issue, however, concerns the effective division of the education system along ethnic lines. To address these problems, international representatives are supporting a number of initiatives, such as the removal from textbooks of materials offensive to one or more of the ethnic groups, coupled with efforts to ensure (a) that all textbooks meet European standards, within a modernised curriculum; (b) human rights education for teachers, through which, to date, over 1,500 teachers and teacher trainers have been trained; and (c) that materials are developed for integrated use in the classroom. However, authorities on all sides have obstructed this process. (Paragraph 36- Bosnia & Herzegovina)

Universal Periodic Review (November 2010)

A - 96.6. Give special attention to educating Roma girls, many of whom are often unable to finish school because of their gender (Finland) (Accepted)
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) (Accepted)
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) (Accepted)
A - 97.67. Ensure equal access to quality education for Roma children (Finland) (Accepted)
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) (Accepted)
A - 97.69. Tailor and design tuition in special schools on the basis of the child's individual needs rather than ethnicity (Finland) (Accepted)

_____________________________________________________________________

Trafficking of children

UN Committee on the Rights of the Child (Concluding Observations, 2004)

While welcoming the measures taken by the State party to prevent and raise awareness
of the problem of trafficking in persons, including the establishment of the National Committee for the Prevention of Trafficking in Persons responsible to formulate and
implement the National Plan for the Prevention of Trafficking in persons, it remains
concerned about its effective implementation and at the lack of statistical data and
specific information on measures undertaken to combat trafficking. (paragraph 66)

In light of article 34 and other related articles of the Convention, the Committee
recommends that the State party further strengthen its efforts to identify, prevent
and combat trafficking in children for sexual and other exploitative purposes, including by undertaking studies to assess the nature and magnitude of the problem and allocating sufficient resources to this field, in accordance with the Declaration and Agenda for Action, and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children. (Paragraph 67)

Special Rapporteur on the Human Rights Situation in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro)
Mr. Jiri Dienstbier
Country visit: 25 July to 4 August 1999
Report published: 24 October 1999

Particular attention should be paid to the social rights of the weaker sectors of society, such as the elderly, the handicapped and children. Any reports of trafficking of women or children should be promptly and thoroughly investigated. (Paragraph 131- Federal Republic of Yugoslavia)

Universal Periodic Review (November 2010)

A - 97.2. Ratify the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption (Ecuador); (Accepted)
A - 97.40. Continue its efforts in the suppression of trafficking in human beings, in particular in women and girls (Pakistan);  (Accepted)
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);  (Accepted)
A - 97.42. Strengthen its efforts to combat trafficking in women and children for sexual and other exploitative purposes (Ghana);  (Accepted)

_____________________________________________________________________

Inadequate provision for children with disabilities

UN Committee on the Rights of the Child (Concluding Observations, 2004)

The Committee is concerned about the absence of disaggregated statistical data and other information on the situation of children, especially those belonging to different ethnic groups and the most vulnerable groups. This type of information is lacking in particular with respect to girl children, street children, disabled children, displaced, refugees and asylum-seekers children, children from minority groups, Roma children. (Paragraph 17)

The Committee recommends the State party to take effective measures to ensure the availability of reliable data regarding persons below 18 years old collected by age, gender, ethnic origin, and to the identification of appropriate disaggregated indicators with a view to addressing all areas of the Convention and all groups of children in society, to evaluate progress achieved and difficulties hampering the realization of children’s rights. (Paragraph 18)

While noting the efforts made by the State Party with regard to education - e.g. the 2001 Law on the Changes and Amendments of the Primary Education Law, it remains concerned about the different access to education of children belonging to minority and most vulnerable groups, including Roma children, children living in poverty, children with disabilities and foreign children which hampers the full enjoyment of a system of education adequate to their values and identity [...]. (Paragraph 57).

Special Rapporteur on the Human Rights Situation in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro)
Mr. Jiri Dienstbier
Country visit: 25 April to 27 April 2000
Report published: 29 January 2001

There has been considerable concern at the continued failure of authorities to adequately address the rights of those suffering from disabilities. The Coalition for Equal Opportunities for Disabled Persons, comprising 20 local associations and various international agencies, was formed in August 1999. Its aim is, inter alia, to raise awareness and to campaign for better accessibility to public areas, employment and training. While these issues affect all disabled persons, there is particular concern regarding the Law on Basic Protection of Civilian Victims of War and Their Families and the Protection of Children (Federation). The law provides mechanisms for the calculation of benefits for those disabled as a result of war, but there is concern that the calculations will reduce the budget so that persons otherwise disabled will suffer a significant reduction in support. (Paragraph 34- Bosnia & Herzegovina)

Universal Periodic Review (November 2010)

A - 97.11. Take all necessary measures to protect and promote the rights of persons, notably children with disabilities (Sweden); (Accepted)
_____________________________________________________________________

Violence against children in state institutions

UN Committee on the Rights of the Child (Concluding Observations, 2004)

The Committee is deeply concerned about cases of violence between children and young adults placed in homes for re-education and other institutions and about cases of violence and bullying between children and young adults in social care institutions. (paragraph 37)

The Committee recommends that the State party takes all necessary measures to prevent acts of violence in homes for re-education and social care institutions. In accordance with the Committee against Torture’s recommendations (CAT/C/CR/32/3 para. 9 k), the Committee urges the State Party to increase the protection of children in social care institutions, inter alia, by ensuring that violent acts are reported and investigated and providing adequate support and treatment, including psychological treatment to victims of such violence. (paragraph 38)

UN Committee against Torture (Concluding Observations issued, June 2004)
Last reported: 6 / 7 May 2004
Concluding Observations issued: 11 June 2004

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)).
___________________________________________________________________

Inadequate protection for displaced children

UN Committee on the Rights of the Child (Concluding Observations, 2004)

The Committee is concerned about the absence of disaggregated statistical data and other information on the situation of children, especially those belonging to different ethnic groups and the most vulnerable groups. This type of information is lacking in particular with respect to girl children, street children, disabled children, displaced, refugees and asylum-seekers children, children from minority groups, Roma children. (Paragraph 17)

In line with the committee on the Elimination of Racial Discrimination’s recommendation (CERD/C/60/CO/4, para. 13) and while noting the challenges confronted by the State Party in meeting the needs of a large number of refugees, returnees and displaced persons, mainly children, the Committee remains concerned that return is still hindered by administrative impediments and hostile attitudes adopted by some central and local officers. The Committee expresses its concern about the difficult access to education and health care for refugee and internally displaced children. (Paragraph 60)

The Committee also recommends the State Party to take effective measures to resolve the problem of property owners, mainly Serbs, returning to their homes before their occupiers (refugees and displaced persons) have been able to find alternative shelter, and that further efforts be undertaken to facilitate the return of refugees and displaced persons. It also recommends that effective measures be undertaken to ensure equal access to education and health care to displaced children.(Paragraph 62)

Special Rapporteur on the Human Rights Situation in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro)
Mr. Jiri Dienstbier
Country visit: 25 April to 27 April 2000
Report published: 29 January 2001

On 8 November, four members of the Ashkaljia community who had recently returned to their homes were brutally killed. The incident starkly highlighted the risk for displaced minority groups seeking to return. The four victims, including a 15-year-old boy, had been part of an advance party of Kosovo Albanian and Ashkali families seeking to return to the village of Dosevac/Dashevc, from which they had fled in July 1999. Less than two days after their return, the four were shot dead while sleeping in tents near their destroyed homes. In a letter to the Special Representative of the Secretary-General, the European Roma Rights Centre expressed alarm at the killings, noting that Kosovo remains unsafe for Roma and Ashkaljia and indeed all persons regarded by ethnic Albanians as “Gypsies”. In a joint report in October on the situation of ethnic minorities in Kosovo, UNHCR and OSCE focused on the persistence of low-level harassment of minorities and its demoralizing impact. (Paragraph 115- Federal Republic of Yugoslavia).

Special Rapporteur on Adequate Housing
Raquel Rolnik
Country visit: 5 July to 13 July 2010
Report published: 30 December 2010

At the invitation of the Government, the Special Rapporteur on adequate housing undertook an official visit to the Republic of Croatia from 5 to 13 July 2010. The main purpose of the mission was to examine the realization of the right to adequate housing in the country, including the relevant institutional, policy and legal frameworks, in particular in relation to post-conflict housing reconstruction and restitution, privatization of socially owned housing during the transition from a State-run to a market economy, and the rights of vulnerable groups, including refugees, internally displaced persons (IDPs), minorities, low-income, and young people. In the course of her mission, the Special Rapporteur identified a number of additional issues affecting the right to adequate housing that will be developed in the present report. (Paragraph 1)