III. GENERAL AND LEGAL FRAMEWORK FOR PROTECTION OF HUMAN AND MINORITY RIGHTS





A. Basic human and civil freedoms and rights

49. The legal system of the Republic of Croatia prohibits all forms of racial, national, religious, linguistic or political discrimination and other discrimination which violates human rights, and guarantees full and specific protection to all national minorities in the Republic of Croatia. Freedom to declare one's national identity, freedom to use one's national language and alphabet, as well as cultural autonomy, are guaranteed to all persons belonging to a national minority.
Full protection against all forms of racial discrimination is provided by the Constitution, the Constitutional Law on Human Rights and Freedoms and the Rights of Ethnic and National Minorities or Communities in the Republic of Croatia, the Criminal Code of the Republic of Croatia, Law on Criminal Proceedings, Law on Local Government and Self-Government, Law on the Election of Representatives to the Croatian Parliament, Law on the Election of Members of the Representative Bodies of Units of Local Self-Government and Administration, Law on the Government of the Republic of Croatia, Law on the State Administration System, Law on Croatian Radio and Television, Law on Public Care for the Children of Preschool Age, Law on Primary Education, Law on Secondary Education, Law on the General Administrative Procedure and other laws.

50. A separate section of the Constitution (Articles 14-20) provides for the fundamental human and civil rights and freedoms. Among other, these articles specifically and explicitly provide for:

- equality of all people and citizens before the law and equal rights and freedoms regardless of race, colour of skin, gender, language, religion, political or other beliefs, national or social origin, property, birth, education, social status or other such characteristics (Article 14),
- equality of all persons belonging to national minorities, with full freedom of expression, freedom to express their ethnic origin, freedom to use their national language and alphabet, and cultural autonomy (Article 15),
- the right to appeal against individual legal acts (Article 18),

51. The minority rights are more specifically protected by the Constitutional Law on Human Rights and Freedoms and the Rights of Ethnic and National Communities and Minorities. The Law aims to protect the right of minorities to universal development (Article 3) and establishment and furthering of ties with the people of their ethnic homeland (Article 4). Furthermore, it contains a number of provisions which guarantee full respect of the principles of non-discrimination enshrined in various international agreements, protection against any activities which any endanger the existence of any minority or community, the right to protect their identity, culture and religion, public and private use of national language and script, the right to education and equal participation in the conduct of public affairs access to media and the right to declare one's ethnic identity (Article 6). The Constitutional Law also authorizes the units of local self-government to opt for the official use of two of more languages and alphabets, taking into account the size of any national minority or community. Furthermore, in the municipalities where the members of a national minority constitute a majority of the population, the language and the alphabet in the official use, will be the language and the alphabet of the national minority as well as the Croatian language and the Latin alphabet (Articles 7 and 8). Free possession and use of national minority symbols and insignia is protected by Article 9. National minorities have the right to organize media or publishing industry in their mother language and alphabet, and the Republic of Croatia and the local self-government bodies provide financial aid for such activities (Article 10). National minorities have the right to freely organize cultural and other societies with the aim of protecting and preserving their national and cultural identity (Article 11). The Republic of Croatia protects cultural and historical property and the entire cultural heritage of national minorities (Article 12). The Republic of Croatia also provides education in the language and alphabet of a national minority for all its members (Articles 14 to 17). National minorities are guaranteed a certain number of seats in the Parliament (Article 18) and in the bodies of local self-government (Article 18). In order to implement the provisions of the Constitutional Law related to the national minority rights, the Government of the Republic of Croatia set up the Office for Ethnic and National Communities or Minorities (Article 20).
The Republic of Croatia is finalizing the process of developing its legislative system so as to conform with the Constitution and the principles enshrined in international documents to which Croatia is party. As far as the legislation related to the national minority rights is concerned, there are two important Bills the Parliament is expected to pass; the first Bill concerns the education of the members of national minorities, while the other defines the official use of national minority language and alphabet. In preparation of all legislation related to the national minority rights, the provisions of Framework Convention for the Protection of National Minorities, as well as other international documents ratified by the Republic of Croatia, are always taken into consideration.



B. Individual and political freedoms and rights

52. The Constitution provides for the following individual and political rights and freedoms:

- the right to life (Article 21),
- inviolability of freedom and personality, except by decision of a court of law, in conformity with law (Article 22),
- prohibition of maltreatment, forced and compulsory labour, and subjection to medical or scientific experiments without personal consent (Article 23),
- prohibition of arrest and detention without a written court order based on law (Article 24),
- the right of a detained person to be treated in a humane and dignified manner (Article 25),
- the right to have legal aid, of an independent and autonomous nature (Article 27),
- the right of a citizen to be presumed innocent until proved guilty by a final court judgement (Article 28),
- the right of a person suspected or accused of a criminal act to a fair trial in the court of law, in conformity with the principles enshrined in democratic societies (Articles 29-31),
- freedom of movement and a free choice of the place of residence (Article 32),
- the right of foreign nationals to asylum and protection (Article 33),
- the right to a home(Article 34),
- the right to protection of personal and family life (Article 35),
- the right to secrecy of correspondence (Article 36),
- the right to secrecy of personal data (Article 37),
- the right to freedom of expression and information - prohibition of censorship (Article 38),
- prohibition of calling for, or advocating war and inciting ethnic, racial and religious intolerance (Article 39),
- the freedom to declare and manifest religious beliefs (Article 40),
- the equal treatment of religious communities before the law (Article 41),
- the right to freedom of peaceful assembly (Article 42),
- the right to freedom of association (Article 43),
- the right of every citizen to participate in, or conduct public affairs under equal conditions, and to have equal access to public office (Article 44),
- the right to universal and equal franchise for all citizens of eighteen or more years of age (Article 45),
- the right of each citizen to appeal and submit petitions to any and all government or other public bodies and institutions (Article 46),
- the right of conscientious objection to service in the armed forces, for religious or moral reasons (Article 47),

53. In accordance with Article 17 of the Constitution of the Republic of Croatia, during the state of war or existence of an immediate threat to the independence and territorial integrity of the Republic, or in the event of a natural disaster, certain constitutional freedoms and rights may be limited by a decision of the Croatian Parliament, based on a two-thirds majority vote of all Representatives or, in the event that the Parliament is prevented from convening, such powers are transferred to the President of the Republic. The extent of such limitations of freedoms and rights must be proportionate to its cause, and may not result in the inequality of citizens in respect to race, colour of skin, gender, language, religion or ethnic and social origin.

54. On June 25,1991, the Croatian Parliament passed the Charter on the Rights of Serbs and Other Nationalities in the Republic of Croatia, winch emphasized that "all nationalities in Croatia enjoy legal protection against any and all activities which may endanger their existence, and have the right to respect, self-preservation and cultural autonomy. The Serbs in Croatia, as well as all other nationalities, have the right to proportionate participation in the bodies of national government, the right to economic and social development with the aim of preservation of their identity and protection against any attempt of assimilation, as will be provided for by appropriate legislation, territorial organization and local self-government of the Republic of Croatia, the establishment of parliamentary bodies and committees with a task of solving and furthering the relations among the national and ethnic groups. In order to protect their rights, individual national groups and their members have the right to appeal to the international institutions called upon to protect human rights,"



C. Economic, social and cultural rights

55. Apart from the above-mentioned fundamental human and civil freedoms and rights, the Constitution also provides for economic, social and cultural rights.

56. The Constitution guarantees the right of ownership and the right of inheritance, and specifies that the property binds the property holder to contribute to public welfare (Article 48). Freedom of enterprise and market are the basis of the economic system of the Republic of Croatia, and the state warrants to all entrepreneurs equal condition on the market (Article 49).

57. Among the social rights, the Constitution lists (Articles 54-60) the right to work, freedom of choice of vocations and occupation, equal wages for equal work, paid weekly rest and annual holidays, social security, public welfare in case of disability or unemployment, special protection for invalid or impaired persons, health care, organization in trade unions and industrial action. Articles 61 to 64 of the Constitution provide for the protection of family, maternity, child, youth and physically or mentally disabled children.

58. Primary schooling is free and compulsory, secondary education is accessible to all under equal conditions, while higher education depends on the abilities of the persons who seek it. (Article 65).

59. The Constitution guarantees the freedom of scientific, cultural and artistic creation, and protects the ethical and material rights of the author. (Article 68).

60. The citizens have the right to a healthy life healthy environment, and the citizens, as well as all public and business entities and associations, have the obligation to contribute to the protection of public health, nature and human environment. (Article 69).



D. The Convention and domestic law

61. Article 134 of the Constitution of the Republic of Croatia warrants that: "International agreements concluded and ratified in accordance with the Constitution and made public, shall be part of the Republic's internal legal order, and shall be above the law in terms of legal effects. Their provisions may be changed or repeated only under conditions and in the manner specified in them or in accordance with the general rules of international law. "

62. The status of legal regulations adopted by international and supranational institutions is defined by the Judicial Courts Law, which provides for the application of secondary legislation. According to Article 5, Paragraph 3 of the said law, " courts of law also apply other regulations adopted in conformity with the Constitution, international agreement or the law of the Republic of Croatia".

63. In accordance with the above, Croatian courts have a legal basis for application of regulations adopted in conformity with international agreements. The Constitution provides for the possibility of direct application of applicable regulations of international law, which has been confirmed by the practice of the Supreme Court.



E. International agreements in the field of human and minority rights to which the Republic of Croatia is a party:

64. The Republic of Croatia is party to the following international documents:

1. International Covenant on Economic, Social and Political Rights of 1966.
2. International Covenant on Civil and Political Rights of 1966.
3. Optional Protocol to the International Covenant on Civil and Political Rights of 1966.
4. Second Optional Protocol to International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty of 1989.
5. Convention on the Prevention and Punishment of the Crimes of Genocide of 1948.
6. Convention on Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity of 1968.
7. Slavery Convention of 1926
8. Protocol amending the Slavery Convention signed at Geneva on 25 September 1926 of 1953.
9. Supplementary Convention for the Abolition of Slavery, Slave Trade and Institutions and Practices Similar to Slavery of 1956
10.Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of 1950
11. ILO Convention (No.29) concerning Forced Labour of 1930.
12. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984.
13. ILO Convention (No. 102) concerning Minimum Standards of Social Protection of 1952.
14. Convention relating to the Status of Refugees of 1950.
15. Protocol relating to the Status of Refugees of 1967.
16. Convention relating to the Status of Stateless Persons of 1954.
17. ILO Convention (no.87) concerning Freedom of Association and Protection of Right to Organization of 1948
18. ILO Convention (no.98) concerning the Application of the Principles of the Right to Organise and to Bargain Collectively of 1949.
19. ILO Convention (No. 122) concerning Employment Policy of 1964
20. ILO Convention (no.135) concerning the Protection and Facilities to be Afforded to Workers Representatives in Undertaking of 1971
21. Convention on the Political Rights of Women of 1952.
22. Convention on the Nationality of Married Woman of 1957.
23. Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriage of 1949.
24. Convention on the Rights of the Child of 1989.
25. Geneva Convention for the Amelioration of the Conditions for the Wounded and Sick Armed Forces on Land of 1949.
26. Geneva Convention for the Amelioration of the Conditions of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 1949.
27. Geneva Convention relative to the Treatment of Prisoners of War of 1949.
28. Geneva Convention relative to the Protection of Civilian Persons in Times of War of 1949.
29. Protocol Additional to the Geneva Convention of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts of 1977
30. Protocol Additional to the Geneva Convention of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts of 1977
31. International Convention on the Elimination of All Forms of Racial Discrimination of 1965.
32. International Convention on the Suppression and Punishment of the Crimes of Apartheid of 1973
33. International Convention against Apartheid in Sport of 1985.
34. Convention on the Elimination of All Forms of Discrimination against Women of 1979
35. ILO Convention (no.100) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value of 1951
36. UNESCO Convention against Discrimination in Education.
37. ILO Convention (no.111) concerning discrimination in Respect of Employment and Occupation of 1958.
38. Convention for the Protection of Human Rights and Fundamental Freedoms of 1950
39. Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1952
40. Protocol No.4 to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1963
41. Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1983
42. Protocol No. 7 to the onvention for the Protection of Human Rights and Fundamental Freedoms of 1984
43. European Charter for Regional or Minority Languages of 1992.
44. Framework Convention for the Protection of National Minorities of 1993.

We emphasize that the Republic of Croatia was among the first to join the Framework Convention for the Protection of National Minorities, and the European Charter for Regional and Minority Languages, which evidences the importance Croatia attributes both to the protection of the national minorities and the international documents.



F. Legal remedies

65. Any citizen who believes that his rights have been denied or violated, has the right to an efficient legal remedy, defined by law accessible to all persons. Article 18 of the Constitution of the Republic of Croatia: "guarantees the right to appeal against individual legal acts made in the first instance-proceedings before courts or other authorized bodies".

66. The Constitution of the Republic of Croatia provides for the constitutional and judicial protection of all citizens in terms of the constitutional freedoms and rights, through the institutes of the proceedings of constitutional review and the constitutional appeal before the Constitutional Court.

67. Every individual, regardless of his national extraction, race, gender or legal interest, has the possibility to call for the constitutional review of any individual piece of legislation. (the Constitutional Law on the Constitutional Court, Article 15).

68. The citizens of the Republic of Croatia have the right to a constitutional appeal when they consider exhausted all other legal remedies before judicial and administrative bodies (the Constitutional Law on the Constitutional Court, Article 28). The subject of the constitutional appeal may be any act of judicial (sentences and rulings) or administrative office, or the body vested with public powers, which committed a violation of the constitutional human and civil rights, provided that all other legal remedies had been exhausted.

69. The protection of human rights is also warranted by the Ombudsman Law (Official Gazette 60/92). According to the said law:

"The Ombudsman engages in various activities aimed at the investigation of possible individual violations of the constitutional and legal civil rights, omissions or irregularities in the activities of public administration bodies and other bodies vested with public authority, at his or her own initiative or at the request of a citizen.

Every person has a right to appeal to the Ombudsman, whether he or she is directly injured by the violation of the constitutional and civil rights or not, and the Ombudsman shall decide whether the appeal will be taken into consideration and to which extent. " (Article 12, Subsections 1 and 2).

70. The Ombudsman performs his duties within the framework of the constitutional and legal provisions, as well as the provisions of the international documents aiming at protection of human rights and freedoms, which had been joined and ratified by the Republic of Croatia. (Article 2, Subsection 2 of the Ombudsman Law).

71. Article 13 of the Law on State Administration System stipulates that any damage sustained by a citizen, legal person or other party, through illegal or improper action by the state administration, local government or local self-government bodies, or legal persons vested with the authority to conduct certain public affairs, shall be indemnified by the Republic of Croatia.

Back