The Ombudswoman, Tena Šimonović Einwalter, addressed the Government of the Republic of Croatia and the Civil Protection Headquarters with recommendations concerning the expansion of COVID certificate use to the entire state and public sector.
Although this measure is expected to come into force in a few days, the text of the Decision by the Headquarters has not yet been published, nor are the details of its implementation known. This information is essential for the authorities and institutions tasked with implementing the Decision, for their employees who must comply with it, and for citizens whose exercise of numerous rights depends on physically accessing these places. Therefore, the Ombudswoman recommended the urgent publication of the Decision, along with complete and clear instructions on its implementation.
As the announcement of this measure has increased public interest in vaccination, it is necessary to respond to this demand more swiftly and effectively, given the significant waiting lines being observed. However, these citizens will not be able to obtain a COVID certificate immediately after receiving the vaccine, and will therefore need to be tested during the interim period.
The Ombudswoman emphasized the need to ensure widespread availability of vaccination, and particularly of testing of citizens, and to inform them clearly about how they can exercise their rights before public authorities until they meet the conditions for obtaining the certificates.
She also warned that, at least during the transitional period, free testing must be provided for the poorest citizens and for those who, due to health conditions, cannot receive the vaccine. The outcome of this Decision must not be that the most vulnerable are unable to access essential services simply because they cannot afford testing, as this could lead to discrimination and violation of their rights.
The aim of these recommendations is to contribute to the system’s preparedness for implementing the announced Decision, taking into account the passage of time, the needs of those enforcing the Decision, the rights of their employees and the public, and the current lack of information.
As in previous communications, the Ombudswoman once again stressed the importance of ensuring that any restriction of citizens’ rights is proportionate to the objective pursued. In this case, the goal is to prevent further increases in illness and death, as well as to avoid overburdening the healthcare system, which is facing a growing number of patients requiring hospital care.
More information on the use of COVID certificates in the context of human rights and discrimination can be found in our legal analysis.