| For a summary of Croatia’s review at the second cycle please click here. |
9th UPR session
Date of review: 8 November 2010
Date of report adoption: 4 January 2011
Document number: A/HRC/16/13
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SUMMARY SOGIESC issues during Croatia’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
23. JS1 reported that homosexuals and transgender people suffer from discrimination and hate speech and recommended that Croatia ensure equal legal rights to transgender and homosexual individuals and sanction hate speech against them. In a 2009 resolution, the Committee of Ministers of the Council of Europe found that certain statements contained in educational material were manifestly biased and discriminatory, notably in how persons of non-heterosexual orientation were described and depicted. The Committee of Ministers held that such statements served to attack human dignity and welcomed the measures taken by Croatia to withdraw them. In 2007, the European Committee on Social Rights had also held that these discriminatory statements contained in educational material constituted a violation of article 11(2) of the European Social Charter.
II. Excerpts on SOGIESC issues from the national report
Combating discrimination
27. Croatian legislation recognises hate crime that includes any criminal offence perpetrated out of hatred based on race, colour, gender, sexual orientation, language, religion, political or other conviction, ethnic or social origin, property, birth, education, social position, age, health status or other characteristics. With a view to achieving the best possible protection of vulnerable groups, the Government has established a Working Group to prepare a draft of the new Criminal Code, which will re-consider the definition of hate crime (a specific crime in concurrence with another crime, or a qualificatory form of a specific crime). A special Working Group works on the phenomena of hate crime, including the organisation of education and campaigns, raising awareness, and media appearances. With a view to sanctioning discriminatory behaviour the Ministry of the Interior has also prescribed in detail the methods of proceeding and collecting information about hate crime. In practice no organised violence against particular groups has been recorded, it mostly involves individual and unorganised incidents without any common characteristics that would indicate planning, organisation and carrying through. Croatia is among the first states to have conducted training for police officers dealing with hate crime.
C. Domestic violence and violence against women
37. In addition to the already covered forms of physical, mental and sexual harassment the sanctions now also include economic domestic violence, as well as corporal punishment and other degrading treatment of children. Beyond the existing possibility for prevention and repression in case of cohabitation, the existing normative solutions can also be applied in case of violence among same-sex relationships. Urgency is required in domestic violence proceedings of all the authorities in charge, with higher fines and longer prison terms.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
14. The principle of equality was enshrined in the Constitution and enjoyed special legal protection, and the Criminal Code recognized the concept of hate crimes. The 2008 Antidiscrimination Act and the National Plan for Combating Discrimination (2008-2013) were other instruments to counter discrimination. In 2010, Croatia had established a new Working Group to monitor hate crimes at the national level. Special efforts were devoted to combating discrimination against minorities, including the Serb and the Roma minorities and lesbian, gay, bisexual and transgender persons. Special attention was being paid both to awareness-raising activities and the strengthening of institutional capacity. Politicians were increasingly spreading the message of tolerance and reconciliation.
V. Conclusions and/or recommendations
Croatia did not receive any recommendations on SOGIESC issues.
VI. Further information
You will find all documents relating to Croatia’s first review at UPR-Info and OHCHR’s websites.