Discrimination is one of the greatest obstacles to realizing rights and fulfilling one’s full potential. This is why equality is not only a fundamental value enshrined in the Constitution of the Republic of Croatia, but also one of the core principles of the European Union.

To promote equality in rights and dignity for every person, regardless of their personal characteristics, Zero Discrimination Day is observed globally each year on 1 March.

To contribute to raising awareness and marking this day, we present a brief overview of common myths about discrimination that we encounter in our role as the central body for combating discrimination in Croatia.

 

Myth: Every injustice is discrimination
In public discourse, the terms injustice and discrimination are often used interchangeably, but these two are not the same. While every act of discrimination is unjust, not every injustice qualifies as discrimination.

The Anti-Discrimination Act defines what constitutes discrimination. In the simplest terms, discrimination means treating a person less favourably than another in a comparable situation based on one or more prohibited grounds listed in the Act (direct discrimination).

There are 17 such grounds: race or ethnic origin or skin colour; sex; language; age; political or other opinion; property; education; national or social origin; trade union membership; disability; social status; marital or family status; health status; genetic heritage; religion; gender identity and expression; and sexual orientation.

For example, refusing to hire a Roma individual solely because of their ethnicity, or dismissing an employee for joining a trade union or political party, constitutes discrimination. But if a landlord refuses to rent to tenants with pets, this does not fall under the scope of the Act, as it is not one of the prescribed grounds.

Discrimination also includes:

  • indirect discrimination: when a provision, criterion or practice places certain individuals at a disadvantage based on one of the protected grounds, unless such treatment is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary;
  • harassment: any unwanted behaviour violating a person’s dignity and creating an intimidating, hostile, degrading or offensive environment on the basis of a protected ground;
  • sexual harassment: any unwanted verbal, non-verbal or physical conduct of a sexual nature;
  • inciting others to discriminate;
  • failure to provide reasonable accommodation for persons with disabilities;
  • segregation: the forced and systematic separation of persons based on a protected ground.

 

Myth: Discrimination is not prohibited by law – it’s a matter of personal worldviewFalse. Discrimination is explicitly prohibited by the Anti-Discrimination Act, which has been in force since 2008. It is also prohibited under the Constitution of the Republic of Croatia, and under European and international law.

 

Myth: Only the state and public sector can discriminate; private employers can choose whom they want to hire or serveIncorrect. Many believe only public authorities can be liable for discrimination, but this is not the case. Media, private companies, and individuals may all be held accountable.

In fact, research shows that public bodies – ministries, state agencies, local and regional authorities, and institutions exercising public powers (such as hospitals, schools, the Croatian Health Insurance Fund or the Croatian Pension Insurance Institute) – are most frequently responsible for discrimination. However, private entities and individuals may also engage in discriminatory conduct.

Myth: Private employers have full discretion over whom to hire
This is not entirely accurate. Regardless of whether a company is privately owned, the prohibition of discrimination applies equally to the private sector and to individuals.

This means employers must not select or reject candidates based on personal characteristics covered under the Anti-Discrimination Act. These include race or ethnic origin, skin colour, sex, language, age, political or other opinion, property status, education, national or social origin, trade union membership, disability, social status, marital or family status, health status, genetic heritage, religion, gender identity and expression, and sexual orientation.

Examples of discrimination in employment include an employer stating they do not wish to hire individuals of a particular ethnicity, race, or religion, or requiring candidates to own their own computer (property status), or rejecting someone because of their faith.

The only lawful basis for selection must be whether a candidate possesses the knowledge and skills required for the job—not their personal characteristics.

The latest data on discrimination in Croatia—with a focus on discrimination in employment and labour, age, education, economic status, racial or ethnic origin, and religion—will be presented in the Ombudswoman’s 2023 Annual Report, currently in preparation. This will include an overview of relevant case law and the most recent statistical data, along with recommendations for combating discrimination.

The Ombudswoman’s survey on public attitudes and awareness of discrimination and its manifestations is available [here], and the Guide to Recognizing Discrimination is available [here].If you believe you have been discriminated against, you may submit a complaint to the Ombudswoman. Learn how [here].