The preparation of the most important strategic documents for the protection and promotion of human rights and the suppression of discrimination is underway – thus, after six years, Croatia should soon receive a new National Plan for the Protection and Promotion of Human Rights and Suppression of Discrimination (until 2027) and two short-term action plans – one for the protection and promotion of human rights and one for the suppression of discrimination.

We participated in their preparation as members of the Working Group, and afterwards, we submitted our proposals and comments during the public consultation, which ended on December 31, 2022, as well as at the session of the Government Council for Human Rights.

Below, we present our proposals and comments on all three documents, by areas to which they relate – education; public administration; labor market and workers’ rights; healthcare; housing; free legal aid; crisis situations; suppression of racism, xenophobia, and all forms of intolerance; healthy living and environment; persons deprived of liberty.

General comments

The National Plan contains six general goals:

Protection and promotion of human rights

  • Improvement of the efficiency of public administration for action in the field of human rights protection
  • Raising the level of awareness of citizens and institutions about instruments for the protection and promotion of human rights and facilitating access to justice and public legal bodies
  • Strengthening monitoring and enforcement mechanisms of the Constitutional Act on the Rights of National Minorities
  • Improving cooperation with civil society organizations and media in protecting human rights and combating discrimination

Prevention and suppression of all forms of discrimination

  • Improving prevention of discrimination and providing support to victims of discrimination
  • Improving mechanisms for combating hate crimes and raising awareness about the importance of fighting racism, xenophobia, and other forms of intolerance, as well as encouraging a culture of remembrance of genocide victims

It is positive that the National Plan recognizes developmental needs and priorities such as: healthy living and environment, the importance of collecting disaggregated data on equality, ensuring the rule of law and equal access to justice, the importance of cooperation with international human rights protection mechanisms, raising awareness of the general and professional public about their significance and role, as well as the need to improve the efficiency of the enforcement of European Court of Human Rights judgments.

Also, when assessing the situation and needs, all crisis situations that have occurred globally and nationally in recent years were taken into account. Moreover, existing data indicating a lower level of awareness of rights, protection mechanisms, and lower trust in institutions among certain groups in our society were considered, which represents an important guideline for further action.

It is also positive that, when evaluating the situation of the most vulnerable groups and areas where rights violations and discrimination are most frequent, data from ombudsman institutions were used, including especially the Ombudswoman’s Report on the Right to a Healthy Life and Climate Change in the Republic of Croatia (2013-2020) and research from our institution on youth and hate speech on the internet. Data from our reports were also considered in assessing the situation and needs.

On the other hand, the process of drafting and adopting the National Plan was long and demanding. It is important to highlight that these two areas – (1) promotion/protection of human rights and (2) suppression of discrimination – were covered by two separate strategic documents at the national level in previous periods. This approach is supported by current European Union practice, which has indeed adopted separate strategic documents for individual vulnerable groups – in the areas of combating racism, Roma inclusion, migrant integration, children’s rights, women’s rights, LGBTIQ+ persons, and persons with disabilities.

Also, the year 2023 should be set as the start of the implementation of the National Plan and accompanying action plans, instead of 2022, because the public consultation lasted until January 9, 2023, and their adoption is planned by the end of the first quarter of 2023. While the National Plan is envisaged for the period until 2027, the implementation of action plans is planned only until the end of 2023 and should be extended, as otherwise only a few months would remain for their implementation, which is unrealistic.

For monitoring and evaluating the new National Plan, semi-annual and annual progress reports are planned, which would be sent to the Coordinating Body for the Strategic Planning and Development Management System of the Republic of Croatia and published online. However, the Government Council for Human Rights should discuss progress and challenges in implementation at least once a year, as proposed by the Ombudswoman. Also, before adopting these documents, no evaluation of the two previous documents was conducted, so unfortunately, the opportunity to learn from the evaluation was missed.

Furthermore, it is necessary to plan goals, measures, and activities in the area of social welfare, where we regularly identify problems and provide recommendations. The section related to challenges faced by the media should also include difficulties such as SLAPP lawsuits and lack of funding for nonprofit and community media, which are significant obstacles to their operation.

Although the documents recognize the role of civil society organizations in protecting and promoting human rights, they should be recognized as “human rights defenders,” and their specific needs and challenges in their work need to be sufficiently addressed. It is also crucial to raise awareness among citizens and public authorities about the importance of the existence and functioning of civil society organizations and their contribution to promoting and protecting human rights, equality, and the rule of law. This would both help remove barriers they face and facilitate their activities appropriately.

Persons migrating to Croatia or at least persons under international protection need to be adequately included in the National Plan, especially because the Action Plan for the Integration of Persons under International Protection has been in draft phase since summer 2021, while the previous one expired in 2019.

Finally, regarding the action plans, they currently contain few and insufficient measures and need to be revised to define concrete, adequate, and extensive measures that respond to problems identified in the National Plan.

Education

Human rights education should be the foundation of all efforts to strengthen the protection and promotion of human rights and combat discrimination. The National Plan recognizes its importance, both for strengthening citizens’ knowledge of their rights and available protection mechanisms and as an important aspect of considering education quality overall. This aligns with the recommendation given to Croatia by the European Commission against Racism and Intolerance (ECRI) to “introduce mandatory human rights education as part of civic education in all curricula and programs, especially regarding the right to equality and prohibition of discrimination.” However, human rights education should be introduced at all educational levels, not only in higher education programs as currently foreseen by the Action Plan for the Protection and Promotion of Human Rights.

Also, the National Plan correctly states in section 3.3. Equality of opportunity in education that educational outcomes in Croatia are still influenced by socioeconomic factors, but this issue needs to be addressed by the action plans, which is currently not the case.

For example, one of the biggest obstacles to equality in education in Croatia is the large number of Roma children attending segregated or predominantly Roma classes, which prevents their integration with non-Roma peers.

Thus, 36.1% of Roma students aged 7 to 14 are exposed to some degree of ethnic segregation:

  • 20.3% of classrooms attended by Roma students consist exclusively of Roma students,
  • in an additional 12.8% of classrooms Roma students are in the majority,
  • and 3% of classrooms consist only of students from different national minorities.

The situation in Međimurje is particularly alarming, where:

  • as many as 47% of Roma students attend exclusively Roma classes,
  • an additional 19% attend mixed classes with a Roma majority,
  • and only 34% attend mixed classes with a majority of non-Roma peers, meaning only one-third of Roma students are truly offered inclusive education and integration.

These data, from the publication Inclusion of Roma in Croatian Society: Education and Employment (Dunja Potočnik, Darja Maslić Seršić, and Nenad Karajić; ULJPPNM, 2020), were also the basis for the Ombudswoman’s 2021 recommendation to the Ministry of Science and Education to analyze the issue of Roma student segregation and, based on that, develop an action plan for desegregation of Roma children in primary schools.

The causes leading to the formation of exclusively or predominantly Roma classes are complex, including segregated housing, the existing network of primary schools, insufficient physical capacities of primary schools, insufficient capacities of kindergartens, transport issues, insufficient knowledge of Croatian and support for Roma children within families, enrollment of non-Roma children in schools outside their catchment area, and insufficient work on improving relations between the majority population and the Roma national minority.

Therefore, close cooperation between the Ministry of Science and Education and other state administration bodies and local and regional self-government units is essential in drafting and implementing the analysis and action plan for desegregation of Roma children in primary schools.

Public Administration
The Action Plan for the Protection and Promotion of Human Rights lists as its first goal the improvement of the efficiency of public administration for action in the field of human rights protection, but it lacks measures for several areas such as education, healthcare, and housing.

Also, one of the measures (1.6.) should improve the knowledge of public and civil servants about the protection and promotion of human rights. These trainings should be organized for all civil and public servants, after properly identifying the need for their continuous training and development, and this should take place at all levels. However, the planned activities include only trainings for members of the defense sector, police officers, and prison system staff, which needs to be expanded considering all areas where challenges in human rights protection were identified in the National Plan.

Labor Market and Workers’ Rights
The National Plan, in Chapter 3.4 Equality of Opportunity in the Labor Market and Protection of Workers’ Rights, foresees raising employers’ awareness about vulnerable groups exposed to discrimination. The Action Plan for Combating Discrimination mentions training for employers and worker representatives for this purpose, but the amount of funds allocated for this does not leave room for financing other proposals and activities, even though they are necessary. It is also useful to recognize platform workers who work via digital platforms/apps, mainly in passenger transport and delivery, as one of the groups of workers in a disadvantaged position.

Healthcare
Although the National Plan recognizes the need to improve healthcare for more frequently discriminated groups (chapter 3.5 Improvement of Healthcare for More Frequently Discriminated Groups), significant efforts are needed to improve healthcare for all citizens.

At the same time, the Action Plan for Combating Discrimination should plan specific measures that will address exclusively the presence of stereotypes and prejudices, i.e., discriminatory behavior of healthcare workers towards patients. The same applies to deficiencies in the healthcare system itself which in many cases cause inequality in healthcare, such as excessively long waiting lists, unfilled positions in the public health network, unavailability of adequate therapy within a medically justified timeframe, etc.

Housing
The right to adequate housing implies a home as the foundation of stability and security for individuals and families, the core of social and emotional life, and increasingly a workplace. Therefore, it is good that the National Plan recognizes housing issues (chapter 3.6 Equality in Access to Housing), as well as the impact of earthquakes on the realization of this right.

In the public consultation, we pointed out that citizens face various obstacles in resolving housing issues in Croatia, and thus in realizing the right to adequate housing – the prices of rent and property purchase are high, household over-indebtedness and difficulties in loan repayment are present, leading to increasing bank account blocks, foreclosures, and evictions, while tenancy is further insecure due to an unregulated market.

Although the Annual Plan of Normative Activities for 2015 and 2016 envisaged the adoption of the Housing Provision Act, which would comprehensively regulate housing provision and apply to the entire territory of Croatia and regulate housing for all those in need, not just vulnerable groups, this Act was never adopted.

Instead, in 2017, the Housing Provision Act was adopted, which applies only to subsidized areas and areas of special state concern and regulates housing provision only for certain vulnerable groups, as well as housing for war veterans and scarce professional profiles.

Therefore, it is important that the National Plan recognizes the importance of adopting a Housing Strategy with an assessment of current and projections of future housing needs, which will address the specificities of different groups, considering demographic trends, possibilities for nonprofit construction of publicly owned apartments, subsidies, tourist rentals, economic trends, and other phenomena. This was also one of the recommendations in the Ombudswoman’s 2021 Report, including the recommendation to involve a wide range of bodies dealing with housing and rights of specific groups and other stakeholders in its development.

Additionally, it is necessary to recognize the needs of residents affected by extraordinary circumstances, such as the earthquakes that hit Croatia in 2020 and whose catastrophic consequences are still very present, and to include concrete measures in the Action Plans. Currently, three key problems can be addressed through the National Plan and its related action plans:

  • The first is the slow reconstruction, largely related to legal solutions and their implementation, i.e., demanding and complex procedures and the capacities of the actors involved in reconstruction,
  • The second is communication with earthquake victims, i.e., that all information is not available to them in an appropriate manner, and even after so much time people do not know what to expect,
  • The third problem is that emergency, crisis accommodation in containers has turned into multi-year accommodation.

It should also further emphasize the importance of access to safe drinking water and water supply and sewage systems, as well as the definition, recognition, and monitoring of energy poverty as prerequisites for adopting long-term measures that would enable citizens to live in adequate homes.

Regarding persons affected by the earthquake, currently, the Action Plan for Combating Discrimination foresees one measure – putting into function the free apartments owned by the Republic of Croatia for persons from earthquake-affected areas and other users of housing provision.

Finally, the National Plan correctly highlights persons subject to enforcement procedures and their household members as a vulnerable group in the area of housing, considering that forced eviction can leave them without the only adequate and safe shelter for living, which can lead to homelessness and be particularly detrimental to health and life in crisis situations. Therefore, it is certainly necessary to include activities aimed at their protection in the action plans, as they are currently not mentioned.

Free Legal Aid
Free legal aid is crucial for the realization of many rights, and one of the prerequisites for fulfilling its purpose is that citizens know it is available to them and how they can obtain it.

It is not enough to inform them only via the internet, as currently foreseen in the Action Plan for the Protection and Promotion of Human Rights, but also through radio, television, leaflets, and similar means, as well as in institutions where citizens apply to exercise certain rights, e.g., social welfare centers. Namely, people who need free legal aid often have poor financial status, and not everyone has internet access, while some certainly do not know how to use the internet.

Crisis Situations
It is useful that the National Plan recognizes the protection of citizens’ rights and combating discrimination in crisis situations (chapter 3.7.), but for better preparation of measures and activities, it would be necessary to use the special report Impact of the COVID-19 Epidemic on Human Rights and Equality – Recommendations for Strengthening Resilience to Future Crises, which we submitted to the Croatian Parliament in 2022, in cooperation with the Ombudsperson for Gender Equality, the Ombudsperson for Children, and the Ombudsperson for Persons with Disabilities. This report contains descriptions of the conditions and problems citizens faced, as well as a number of recommendations for better preparation for potential future crises.

Also, the measures and activities of the Action Plan for the Protection and Promotion of Human Rights directed at citizens affected by crisis situations do not cover people who lost their homes in the 2020 earthquakes, which definitely needs to be added.

Combating Racism, Xenophobia, and All Forms of Intolerance
Hate speech can appear in both a narrow and broader sense. In the narrow sense, it refers to hate speech as defined by the Criminal Code, which is also covered by the National Plan, but not hate speech in the broader sense.

Therefore, it is necessary to also include the definition of hate speech from General Recommendation No. 15 of the European Commission against Racism and Intolerance (ECRI), or the definition from Recommendation CM/Rec(2022)16 of the Committee of Ministers to member states on combating hate speech, which states:
“For the purposes of this recommendation, hate speech is understood as all forms of expression that spread, incite, promote, or justify hatred based on intolerance, including intolerance expressed by aggressive nationalism and ethnocentrism, discrimination, hostility, or violence towards a person or group of persons on grounds such as ‘race,’ color, language, religion, nationality, national or ethnic origin, age, disability, sex, gender identity, and sexual orientation.”

Healthy Life and Environment
In preparing the National Plan, specifically chapter 3.12 Healthy Life and Environment, a special report The Right to a Healthy Life and Climate Change in the Republic of Croatia 2013–2020 was used, which we submitted to the Croatian Parliament in 2021. It shows the connection between human rights and environmental protection and gives an assessment of compliance with the right to a healthy life, as well as recommendations that the National Plan states will be considered when shaping implementation measures in the upcoming period.

It is also positive that the Action Plan for the Protection and Promotion of Human Rights contains measure 2.4: Strengthen the awareness of institutions and the wider public about the right to a healthy life and environment. In this measure, in addition to improving access to information and encouraging participation in decision-making processes, it is necessary to add the third pillar of the so-called Aarhus Convention — access to justice in environmental matters.

This area is extremely important because, in October 2021, the United Nations Human Rights Council recognized the right to a healthy, clean, and sustainable environment, which was subsequently recognized as a universal right by the UN General Assembly in July 2022. To monitor this right, the UN Human Rights Council established a mandate for a special rapporteur to promote and protect human rights in the context of climate change, and the first person was appointed to this position in April 2022.

Persons Deprived of Liberty
The National Plan, in chapter 3.10 Protection of the Rights of Persons Deprived of Liberty, mostly refers only to the prison system, and not to other categories of persons deprived of liberty (for example, those in the healthcare system or forcibly hospitalized persons, who are only sporadically mentioned).

Accommodation conditions in the prison system are described as satisfactory, although data do not support such an assessment. For example, according to the Government of the Republic of Croatia’s Report on the State and Work of Prisons, Penitentiaries, Educational Institutions, and Centers for 2021, on December 31, 2021, the prison system housed more persons deprived of liberty than capacity allows, which is the first time in the past six years.

These data refer to the occupancy of total capacity (closed, semi-open, and open), while overcrowding in closed conditions is significantly higher, which we continuously highlight to the Croatian Parliament in annual reports. For illustration, the occupancy of closed conditions on December 31, 2021, in 12 of 13 prisons (excluding the prison in Sisak, which was severely damaged in the earthquake) was over 100 percent, with the worst situations in the Zagreb Prison (150 percent), Karlovac Prison (155 percent), and Osijek Prison (168 percent).

Additionally, this year the European Court of Human Rights, in several judgments against the Republic of Croatia, found violations of Article 3 of the European Convention on Human Rights concerning accommodation conditions (e.g., Hrnčić v. Croatia; Hubert v. Croatia; Katanović and Mihovilović v. Croatia, etc.). Therefore, it is truly necessary to intensify activities aimed at improving the accommodation conditions of persons deprived of liberty in the prison system.

You can find all our comments on these strategic documents here: