On December 3, 2024, Ombudswoman Tena Šimonović Einwalter organized the conference “Discrimination and Protection from Discrimination in Croatia: 15 Years of the Anti-Discrimination Act.”
The aim of the conference was to contribute to better protection against discrimination in Croatia by reminding attendees what discrimination is, how to recognize it, how to protect oneself, and by discussing the ways to improve the implementation of the Anti-Discrimination Act.
In her opening remarks, the Ombudswoman emphasized that the Anti-Discrimination Act is an organic law, the adoption of which was one of Croatia’s key steps toward the EU accession. The law is particularly significant because it defines what constitutes discrimination, including its various forms and grounds for discrimination, regulates the institutional framework for combating discrimination in Croatia, and establishes court procedures. She recalled the preparation and adoption of the law in 2008, in which she actively participated, and how, after the Ombudsman became the national equality body under this law, during the mandate of the late Ombudsman Jurica Malčić, she joined the institution to help establish this new mandate.
Since January 1, 2009, when the Anti-Discrimination Act entered into force, the institution has handled more than 4,500 discrimination-related cases, the Ombudswoman revealed. This work, alongside field visits, research, and analyses of case law and other sources, indicates the need for better implementation of the law.
Addressing numerous challenges, she pointed to insufficient understanding of what discrimination is among the general public, as well as among the professionals tasked with enforcing the Act; harmful messages from public and influential figures that fuel intolerance against certain social groups, which then escalates further among citizens, particularly online; insufficiently ambitious and concrete public policies for combating discrimination, with delays in their implementation; inadequate funding for civil society organizations combating discrimination, especially regarding the filing of collective action lawsuits, which remains rare in discrimination-related case law; and, finally, insufficient consideration of the Ombudswoman’s opinions and recommendations, particularly when pointing out potential discriminatory effects of laws and regulations during public consultations or parliamentary committee debates.
The Ombudswoman also highlighted Croatia’s current process of implementing two new EU directives aimed at improving the suppression of discrimination by, among other, strengthening the independence and effectiveness of equality bodies, such as ombuds institutions.
The Minister of Justice, Administration, and Digital Transformation, Damir Habijan, emphasized the importance of hearing, discussing, and implementing the Ombudswoman’s recommendations. He noted that the strengthening of ombuds institutions requires adequate human and financial resources, as well as creating enabling conditions for their work.
He stressed that prevention and education are key when it comes to combatting discrimination, which begins in the education system and workplaces, while the judiciary is only the last resort. On the implementation of EU directives on equality bodies, he highlighted the importance of cooperation with the Ombudswoman and specialized ombudspersons.
The Chair of the Parliamentary Committee on Human Rights and Rights of National Minorities, Milorad Pupovac, recalled the opposition to the Anti-Discrimination Act when it was adopted in 2008 and when it entered into force in 2009. Nevertheless, the prevailing optimism about the European values and legal standards facilitated the Act’s adoption. Its implementation strengthened this optimism, bolstered the fight against discrimination, and enhanced the role and influence of the Ombudsman institution, as well as of the specialized ombudspersons.
Addressing current societal problems, he highlighted social inequalities, challenges faced by young and elderly people, the weakening of the public healthcare system, and regional inequalities, some of which are extreme. He also pointed out political hostility toward the representatives of the national minorities, the Cyrillic script, and NGOs of the Serbian national minority, as well as the prohibition of certain commemorative practices.
Tamás Kádár, co-director of the European Network of Equality Bodies (EQUINET), which brings together 47 equality bodies from 38 European countries, underscored Croatian Ombudswoman’s contributions to EQUINET over the past 15 years. He cited her institution as an example of a strong and independent body, highlighting Tena Šimonović Einwalter’s role as a three-term chair of EQUINET, where she contributed to the adoption of the EU equality body directives and led two EQUINET working groups.
The conference featured three panels that provided opportunities for the speakers to reflect on the past, analyze the present, and identify concrete steps for more effective efforts to combat discrimination in the future.
The first panel, titled “Barriers to Achieving Equality – Lived Experiences,” included participants Nikolina Patalen (Office of the Ombudswoman), Paulina Arbutina (Serbian National Council), Siniša Senad Musić (Rom.hr), Vanda Crnjac Pauković (Croatian Pensioners’ Union), Sandra Turkanović (SOS Rijeka – Center for Nonviolence and Human Rights), Franko Dota (Zagreb Pride), and Magdalena Guzalić (SOIH), moderated by Natalija Havelka (Center for Peace, Nonviolence, and Human Rights Osijek). Panelists agreed that the Act has brought real change and has lead to an increase in the reporting of discrimination, but many citizens remain unaware of the law or refrain from reporting due to skepticism or overwhelming challenges in accessing other rights.
The second panel, “Protection from Inequality – Current State and Next Steps,” featured panelists who emphasized the role of ombuds institutions in combating discrimination and highlighted specific successes when it comes to combating discrimination in courts of law. Despite advancements, challenges remain, including limited case law, particularly in civil proceedings, and misunderstandings in the private sector regarding anti-discrimination obligations.
The third panel, “Additional Mechanisms for Protection from Discrimination,” underscored the need for broader societal interventions to address the root causes of discrimination, such as racism, sexism, and ageism.
Closing the conference, the Ombudswoman emphasized the need for independent equality bodies to effectively combat discrimination and advocated for better education and collaboration among stakeholders. Looking forward, she expressed the hope that more people will understand what discrimination is and how to protect themselves, and that Croatia will serve as a model of good practice in the implementation of the EU equality body directives.
