ZAGREB, 16 June, 2021 - President Zoran Milanović said on Tuesday at the forum "Human Rights in the Coronavirus Crisis" that encroaching on the intimate space of human freedoms required a decision of the parliament, which he would have let it make if he were prime minister during the crisis.

Milanović said at the forum at the Faculty of Law that "in this crisis, we are not talking about human rights but about fundamental human freedoms."

"My right to breathe, to sneeze, to walk, to move - that is my human freedom. In order to affect that deeply intimate space, it is necessary to have a decision of a representative body," Milanović said.

In his presentation, he referred to Articles 16 and 17 of the Constitution and said that the coronavirus situation had met the conditions for declaring a state of emergency.

"Article 17... refers to a state of emergency, imminent danger of war or a natural disaster. It doesn't matter if this virus, and a virus is a natural fact and attacks a living organism, originated as a fact of zoonosis or was released by the Chinese or escaped from the laboratory, it makes no difference. That is a serious matter. It puts lives in danger. If that doesn't meet the conditions (for declaring a state of emergency), nothing does," Milanović said.

He added that if the coronavirus crisis had happened during his term as prime minister, he would have let the parliament vote in the relevant decisions, which would result in greater public trust, instead of having a COVID-19 response team do it.

Everything we watched for a year and a half was surreal, he added. He praised the fact that the vaccine was produced so quickly, adding that everything else was wrong.

Ombudswoman: Citizens had numerous complaints

According to Ombudswoman Tena Šimonović Einwalter, during the pandemic citizens had questions and complaints related to passes, self-isolation, access to health care since family doctors were not available to them and their examinations were cancelled, and they also sent questions related to the right to work, that is, to work from home or work in the office.

In the past few months, the ombudswoman has been receiving questions about vaccination and in the past few weeks, about COVID passports.

She also said that the frequent changes in the anti-epidemic measures and vague recommendations had led to an increase in dissatisfaction and fear among citizens, which had further undermined trust in institutions.

The ombudswoman said that there were solutions and that her report for 2020 had been discussed in the parliament, and now she hoped that the recommendations would be implemented.

For more about politics in Croatia, follow TCN's dedicated page.

June 2, 2021 – One Croatian man is suing Croatia through the European Human Rights Court for the lockdown measures imposed last year.

The last 15 months were difficult for many people around the world. COVID19 related lockdowns and restrictions made life less than enjoyable for the majority of the population. It wasn't easy living with the fear of the virus and the potential effects of the disease it causes. Lack of socialisation, financial problems and spending long periods of time indoors were perhaps even worse. Taking all this into account, it is easy to understand how the situation frustrated many. Some even decided to sue their governments for a breach of human rights.

The Case

Telegram.hr reports a gentleman from Croatia is suing the government for restrictive measures implemented last year. He started the lawsuit back in April of 2020. Measures that restricted travel outside of the area of residence and those prohibiting gatherings in groups larger than five persons are the ones he has the most problems with. According to him, these measures encroached on his civil rights and prevented him from practicing his religion. European Convention on Human Rights protects civil and religious freedoms. European institutions take this document very seriously. This is why Croatian representatives with the European Court of Human Rights will have to speak on behalf of the Croatian government and respond to the accusations.

Croatian Constitutional Court already confirmed all the decisions made during the COVID19 pandemic were justified and were not unconstitutional. According to them, these measures were important in preventing large-scale epidemics and minimising human casualties. Still, not everyone is convinced of the legitimacy of these decisions. Croatia is not the only country where governments are being sued for civil rights infringement. COVID19 might continue causing damages to national governments way after the pandemic subsides. The unprecedented situation the world found itself in called for immediate action. What will be the long-term effects of these decisions, we are still to discover.  

For more about Covid-19 in Croatia, follow TCN's dedicated page.

For more about politics in Croatia, follow TCN's dedicated page.

May 27, 2021 - The sixth article in the "Friends of Croatia: UNICEF" series explores the work of the UNICEF Office for Croatia. What is done regarding children's rights in Croatia, positives, and negatives, and how can you help if you want to?

To ensure that our world even stays the same, let alone improves, new generations are essential. But, before they grow old enough to participate in society, society must first take care of the youngest ones to grow and develop. Society must ensure for kids that they grow up in families filled with love, make sure that kids can go to school, that they are healthy, safe from violence, that they are not hungry or thirsty, and give them overall opportunity to make it in the world. 

Basically, children have rights, and they are in more detail elaborated in 54 articles. For more details, have a look at the Convention on the Rights of the Child that came to power on September 2, 1990, by the United Nations (UN) General Assembly.

Regina M. Castillo, UNICEF office for Croatia representative with children with disabilities in Centre Tomislav Špoljar in Varaždin © Marin Ilej/UNICEF

The UN is dedicated to seeing this Convention is being respected, and United Nations International Children's Emergency Fund, commonly known as UNICEF, specializes in the issues of children's rights. Established in the aftermath of World War II, UNICEF has been at the frontlines of humanitarian crises, armed conflict, and natural disasters.

„Undeterred by the scale of the crises, we rise to the challenge, reimagine what is possible and respond by helping millions of children survive and thrive. Our on-the-ground expertise has reached more than 191 countries and territories, through committed partnerships and a passion for innovation“, says UNICEF on its official website.

Croatia signed and agreed with the Convention, and UNICEF today has its own office in Zagreb. Furthermore, it's worth noting that UNICEF has existed for 75 years, and despite firstly coming to Croatian territory while the country was part of the former Socialist Federal Republic of Yugoslavia, UNICEF has been with Croatia since the organization was established.

„Many people do not know that UNICEF helped to eradicate malaria in Croatia and that UNICEF played a key role in the development of modern dairy. Dairies were built in Zagreb, Rijeka, and Split, and factories for the production of powder milk in Osijek and Županja. Milk was distributed in schools, and for many children, it was their only meal during the day“, says Regina M. Castillo, UNICEF Office for Croatia representative.

Regina M. Castillo, UNICEF office for Croatia representative © Marin Ilej/UNICEF

The UNICEF representative is elected for a five-year mandate, and Regina M. Castillo came to her function in Croatia in 2019. Her career in the UN started in 2001 and was in charge of economic and social questions in the Executive Office of the UN chief secretary Kofi Annan in New York. This was followed by Castilla moving to work in the mutual program for HIV/AIDS, known as UNAIDS. She was first the director of private sector partnerships in Geneva (2006-2012) and then moved to be the director for Bolivia, Ecuador, and Peru (2012-2015). She majored in International relations and public politics.

Born in Nicaragua, she first started her career in the 1990s as a diplomat, and she was also the headmistress for international trade in the Nicaraguan Trading Ministry.  

Helping Croatia before it was cool (or an independent country)

Castillo went on to continue that after World War 2, UNICEF fed six million children every day, which included many children in Croatia.

„One of those children was our dear colleague, prof. Josip Grgurić, who is still working tirelessly for the youngest. He still remembers the yellow cheese that was part of UNICEF's humanitarian package for families, as well as the chocolate that he then tasted for the first time. He later worked at the children's hospital in Klaićeva, which UNICEF helped found, and he still works hard on UNICEF’s Child-Friendly Hospital Initiative“, says Castillo indicating how valuable but also inspiring UNICEF can be to children. Castillo added that in the Homeland War, UNICEF was the first organization on the ground, making sure that children and families received the necessary psychosocial support and humanitarian packages. After the war, they educated children on how to protect themselves from landmines. 

Today Croatia developed, joined NATO and EU, and is a modern European country. With such progress, there have been many improvements in respect to children and their rights.

„Croatia has a low mortality rate of children under the age of five, extremely low stunted growth rate due to inadequate nutrition in the first years of life and the enrolment rate of children in primary school is almost 100 per cent“, pointed out Castillo.

„Croatia is an example in the world when it comes to the promotion of breastfeeding. It is rare that all public maternity wards in a country have the status of 'Child-Friendly Hospital'. With the support of UNICEF, partners have organized a network of breastfeeding support groups, and now we have more than 200 support groups in Croatia“, added Castillo on what the world can look up to this small South-Eastern European country.

Regina M. Castillo at Human milk bank © Marin Ilej/UNICEF 

Still, there are some issues Croatia needs to address and are far from ideal at the moment.

„There are still differences when it comes to access to services for children, depending on where they live and the conditions in which they grow up. Children with disabilities, as well as children from the poorest families, especially in rural areas, often do not have the opportunity to attend kindergarten and do not have the same access to specialized health services and therapies as children in urban areas. The focus of UNICEF in Croatia is on the most marginalized children: children with disabilities or developmental delays, children growing up without adequate parental care, children from minority groups, children at the risk of poverty and exclusion. UNICEF’s programs are focused on the well-being and protection of every child, with a special focus on the most vulnerable children“, pointed out Castillo.

Campaigns and programmes such as “Every child needs a family”, “The first three are the most important”, and “Stop violence among children” are perhaps the most known public action by UNICEF in Croatia, but returning to the good practices of breastfeeding, Castillo emphasizes the establishment of the Human Milk Bank in her current mandate.

„Thanks to the Human Milk Bank, prematurely born and seriously ill newborns (who do not have access to their own mother's milk) can receive milk donated by other mothers. We continually work on reducing the risk of disasters, support the development of quality foster care and provide support to parents in the upbringing and care of children through workshops and we work a lot with young people“, said Castillo.

In general, UNICEF has different types of offices in countries, and regarding the Croatian office, it’s a Country Office. In other words, most of the resources (human and financial) are invested in programs in Croatia. Castillo says that the five-year mandates have priorities that are determined in cooperation with partners. And while 80 percent of the funds raised are invested in programs for girls and boys in Croatia, there are funds and support programs for children outside of the country.

“For example, in 2018, UNICEF supported child health care in parts of Ukraine affected by the conflict and helped the building of five inclusive children's playgrounds in two refugee camps in Jordan in cooperation with the Ministry of Foreign and European Affairs in 2019. Through the ‘Schools for Africa’ program ​​, which includes many kindergartens and schools throughout Croatia, UNICEF supports the education of girls and boys in Madagascar", Castillo listed several examples. 

Regina M. Castillo, UNICEF office for Croatia representative with children on Media Literacy days press conference with Radovan Fuchs Minister of Science and Education, Krešimir Partl, State Secretary at Ministry of culture and media and Robert Tomljenović, Deputy Director of the Council for Electronic Media © Marin Ilej/UNICEF 

Overall, the UNICEF Office for Croatia works closely with the Croatian Government, and most notably, with the Ministries of Social Welfare, Education, Health, and the Ministry of Foreign and European Affairs. Other partners also include experts (Croatian experts, but also building on expertise and good practice from all over the world), professional associations, academia, services providers, and NGOs.

“UNICEF’s goal is to connect all stakeholders and to advocate and support systemic change for the well-being of all children. System change is a gradual process, and it can be challenging, but when it comes to children’s rights, every step forward is well worth the effort”, explained Castillo.

Croatian citizens showing support for UNICEF

On one hand, Croatia is a good country with low mortality rates of kids and a role model for breastfeeding promotions. On the other hand, however, peer to peer violence (on whose suppression the aforementioned “Stop violence among children“ campaign works heavily on), and unequal approach to education between rural and urban areas show Croatia has both its ups and downs. Unfortunately. The downside sometimes overshadows all the positive things.

One such instance was the tragic death of a two-year-old girl from Nova Gradiška on Easter Sunday. The death of a severely injured girl, who was brought to Zagreb's children's hospital after suffering abuse and heavy beating from her biological parents (and from whom the girl was taken and given to a foster family but was then returned back to biological parents), sparked controversy and citizens outrage, culminating in changes in social welfare law, as well as sacks and investigations in the welfare center in Nova Gradiška.  

„We are deeply saddened by the tragic death of two-and-a-half-year-old Nikoll on Easter Sunday. There are no words to express the pain of such a terrible event. Unfortunately, there are no simple and quick solutions to prevent violence against children. For years, UNICEF in Croatia has been continuously and persistently working in the field of child protection, educating experts from the social welfare system, but also other experts who work with children and families, such as experts from the health care, education, and justice systems. UNICEF implements various support programs for parents, and it is fully committed to the development of foster care and the improvement of the legislative framework. However, UNICEF is also aware that society as a whole, has a long way to go to achieve the goal that every girl and every boy is guaranteed the best possible care and protection. UNICEF will continue to work actively, persistently, and dedicatedly with all partners to achieve it”, commented Castillo.

Regina M. Castillo talking on Media Literacy days press conference © Marin Ilej/UNICEF 

However, Croatians recognize the importance of the UNICEF mission. Before Covid, UNICEF annually collaborated with the Museum of Illusions on the Museum of Reality exhibition which displayed the problems children faced worldwide, but which also showed what changes and solutions UNICEF brought to those areas. 

“Experience tells us that citizens are ready to support the youngest, in Croatia and beyond. Implementation of our programs would not be possible without the support from citizens and companies that placed the focus of their CSR activities precisely on children. We especially value the support from our Childhood Guardians, donors who support our work with regular monthly donations and allow us to regularly conduct our programs for boys and girls, as well as react quickly with much-needed assistance in crisis situations like the earthquakes in Croatia and the COVID-19 pandemic that affected all families. UNICEF is always in the field with the most vulnerable children and their families”, notes Castillo.

In the end is important to note, that while children are recognised as a particularly vulnerable group, all human rights apply equally to children. 

“All the rights enshrined in the Convention apply to every child, regardless of a child’s country of origin, gender, religion, and nationality. Every child, by birth, has all his/her rights, the right to grow up in a safe environment, to have a family, to have access to health care and education, to be able to play and develop his/her interests and reach his/her full potential”, concludes Castillo.

The five-year mandate is an agreement that sets priorities in advance, so Castillo warned that there is no opportunity for making donations outside of that framework. UNICEF office occasionally does get messages from citizens who need advice or help on issues outside of that frame, but nevertheless, UNICEF can offer them help by referring them to institutions and addresses that can offer citizens the necessary support, financial support, or information. 

With expertise mentioned several times throughout this story as the insurance of delivering the best solutions to issues children face, UNICEF is always on the lookout for new people. If you want to make a change in the world while earning a fair wage yourself, check out what expertise UNICEF is looking for right now.

Regina M. Castillo on a foster family gathering © Marin Ilej/UNICEF 

UNICEF Croatian Office is situated on Radnička cesta 41/7. To inform the public of their work, they built a considerable presence on Facebook, Twitter, Instagram, Youtube, and Linkedin. You can also find all UNICEF-related info for Croatia on their official website, and contact them via mail: This email address is being protected from spambots. You need JavaScript enabled to view it. or on phone numbers: +385 1 2442 660 and +385 1 2442 661. You can use the website to donate to a cause in Croatia too. Additionally, there are numbers: +385 1 4095 855, +385 99 2692 196, and +385 91 621 1039 for more details on donating to Croatia as well as e-mail address This email address is being protected from spambots. You need JavaScript enabled to view it.. You can also leave a donation to UNICEF in your will, and a phone number +385 1 3031 640 specializes for the issue in Croatia. If you find yourself in Croatia and you want to volunteer for UNICEF, more info can be found by sending a mail to This email address is being protected from spambots. You need JavaScript enabled to view it. and on phone number +385 1 3031 646.

And of course, you can donate for a good cause to UNICEF for any action the fund is internationally involved in. 

To read more from the series "Friends of Croatia", follow TCN's dedicated page.

For more about UNICEF in Croatia, follow TCN's dedicated page.

ZAGREB, 11 May, 2021 - The Rijeka-based LORI lesbian association and the Rainbow Families association of LGBTIQ couples and individuals who have or want to have children will file a report with the local prosecutorial authorities over the burning of a rainbow flag on the City Hall building.

In the night between May 7 and 8, a video of the burning of the flag was posted on the Instagam profile "riječani.1987", which is linked with the Armada football fan group, with the message: "This is the response to the newly-adopted law on adoption by same-sex couples."

LORI and the Rainbow Families said they would file a report for incitement to violence and hate and causing damage to another's property.  

The two associations said they expected a prompt reaction by the competent state institutions, with LORI recalling that in 2020 it filed a report with the Rijeka prosecutor's office over graffiti saying "Kill faggots", sprayed on a window of the Rijeka City Hall after an exhibition dedicated to the 20th anniversary of the association was staged there.

For more about LGBT in Croatia, follow TCN's dedicated page.

ZAGREB, 20 April, 2021 - The Reporters without Borders (RSF) association has reported that the pandemic has led to a dramatic deterioration of media freedom worldwide, while its latest index shows that the situation has improved in Croatia.

Croatia ranks 56th out of 180 countries on the organisation’s annual Press Freedom Index, moving up three notches after ranking 59th in the previous report.

The organisation's latest report, released on Tuesday, reads that "Croatian journalists who investigate corruption, organised crime or war crimes are often subjected to harassment campaigns."

"Defamation is criminalised and insulting 'the Republic, its emblem, its national hymn or flag' is punishable by up to three years in prison. Worse still, 'humiliating' media content has been criminalised since 2013. Nonetheless, several courts ruled in favour of journalists during defamation trials in 2020. The government has not stopped meddling in the public TV broadcaster HRT, while HRT’s management continues to sue employees who have complained about this problem, and has gone so far as to bring a complaint against the Association of Croatian Journalists."

COVID-19 pandemic deepens financial crisis in media

"Meanwhile physical attacks, along with threats and cyber-violence, continue to be a major problem for journalists without any reaction from the authorities. The Covid-19 pandemic deepened the financial crisis in the media, leading many outlets to cut pay and stop using freelancers. The journalists’ union asked the government to intervene to help freelancers and some economic measures were taken in the summer of 2020 but not all media benefitted," reads the report's section about Croatia.

Deterioration worldwide 

The organisation warns that media freedoms have deteriorated considerably in Asia, in the Middle East and Europe, as shown by its index.

The index is based on a survey of Reporters Without Borders’ regional correspondents and takes into account issues such as the level of attacks on journalists, media independence, and transparency of government institutions.

The pandemic led to an increase in repression worldwide, according to RSF, which noted that media workers had been arrested for covering the outbreak in countries including China, Venezuela, Serbia and Kosovo.

Top 10 best countries for press freedom are as follows: Norway, Finland, Sweden, Denmark, Costa Rica, the Netherlands, Jamaica, New Zealand, Portugal and Switzerland.

On the other hand, the top worst countries are Eritrea, North Korea, Turkmenistan, China, Djibouti, Vietnam, Iran, Syria, Laos and Cuba.

For more about politics in Croatia, follow TCN's dedicated page.

April 16, 2021-  The Human Rights in Croatia 2020 Overview report by Human rights house Zagreb shows hate speech and poor living conditions of Serb returnees and Roma people still being problematic. The judicial system and the lack of a legal frame for civil society development remain problematic too.

In a battle against the Coronavirus, many agree and fear that human rights were put in second place, triggering the debate of security vs. liberty and justification of limiting movement, work, etc.

But human rights and their respect in Croatia was an issue, long before Covid-19. As Jutarnji List warns, the situation is not good. 

Croatia doesn't have a defined politics of making a supportive environment for the civic society development. Citizen participation in decision making is still relatively weak and the judicial system is a special problem," says Jutarnji List referring to the new report by Human Rights House in Zagreb titled „Human Rights in Croatia: 2020 Overview“.

Regarding the judicial issue, a specific example can be found in the ever-controversial  "Za Dom Spremni!"(For the Homeland Ready) salute which is recognised as a fascist salute and punishable by law but it's tolerated as part of the song „Čavoglave“ by Marko Perković Thompson and can frequently be heard during his concerts both by the singer and the audience.

„Circumstance that the salute is part of the song doesn't change the fact that it's an ustasha (Croatian fascist) salute that symbolizes criminal Naci-fascist ideology and is the violation of article 39 of Croatian constitution that prohibits any call or encouragement on national, racial or religious hatred or any form of intolerance“, continues Jutarnji List.

Still present in public space, hate speech in Croatia is also very alive on the Internet, with the Serb LGBTQ community and Roma people being the prime targets. As Jutarnji reports, last year's research show this as well as the lack of appropriate response. 

„Children and adolescences do not learn enough about human rights, equality, and solidarity, given that civil education is conducted as one of six intercourse themes in elementary and high-schools. Such approach to civil education does not secure enough time in the curriculum for quality development of civil competence of pupils“, concluded for Jutarnji List Human Rights House in Zagreb.

Educational segregation for Roma people, isolated Serb returnees migrant treatment controversies, C+ grade for LGBTQ travelers

The article also adds that Roma people in Croatia are still facing many obstacles in achieving their rights, which include employment, access to services, and adequate living standards, and there is still segregation in the education system too.

Furthermore, many Serb returnees live in undeveloped rural areas, which are isolated and offer poor living conditions. Additionally, they still struggle to achieve their asset rights, and their possession is still tangible to devastation.

Pixabay

When it comes to LGBTQ rights, as TCN previously reported, Croatia „has an index of 188 points and a grade C+ from most safe to highest dangerous places (A to F), placing it among the first third of the best countries in the world in terms of LGBTQ+ safety“. There are controversies regarding the migrants' treatment on which we recently reported on too.

Learn more about Croatia's global rankings and many more fun facts about the country on our TC page.

For more about politics in Croatia, follow TCN's dedicated page.

ZAGREB, Oct 28, 2020  - Vukovar City Council concluded by a majority vote on Wednesday that conditions have not yet been reached to expand ensured individual rights and to regulate collective rights for members of the Serb minority who live in that town.

The conclusion was adopted following several hours of debating on the achieved level of understanding, solidarity, tolerance, and dialogue among Vukovar residents - members of the Croat majority population and the Serb national minority. The conclusion received the support of 15 councilors while 6 voted against it.

The conclusion notes that in conditions "when fundamental human rights are still neglected for a vast majority of Vukovar residents of all ethnicities, who opposed the Great Serbia aggression in 1991, and that is the right to life, human dignity, and human freedom, because of the systematic deferment of launching proceedings against perpetrators of war crimes, the necessary preconditions have not been achieved to recognize new special rights to the Serb national minority within the framework of the equal use of the language and script."

The Council for the Serb National Minority of the City of Vukovar commented on the proposed conclusion in writing earlier, saying that Mayor Ivan Penava has not made sufficient effort to mend relations between Croats and Serbs in Vukovar which, the council said, can be seen in the fact that the proposed conclusion is identical to the one adopted last year.
 
The council also complained that Mayor Penava is constantly warning of impunity for war crimes committed in Vukovar in 1991 against the majority of people while never referring to crimes committed against Vukovar Serbs. The Hungarian and Ukraine minorities' council supported the draft conclusion.

The City Statute obliged the City Council to discuss the state of human rights in Vukovar each October, or at least once in two years, and to adopt a decision on that basis.

Today's City Council meeting was held without reporters, who were given an audio recording of the meeting with the explanation that such a decision was made due to the deteriorated epidemiological situation.

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ZAGREB, Aug 3 2020 - Several human rights organisations on Monday welcomed the "positive institutional progress" made ahead of the 25th anniversary of Operation Storm, expressing hope that it would be followed up with specific solutions to ensure the exercise of long-awaited rights by civilian victims of the 1991-1995 war.

The ROSA Centre for Women Victims of War, the Centre for Civil Courage, the Banja Luka-based Centre for Democracy and Transitional Justice, the Sarajevo-based Association for Social Research and Communications, and the Women's Network of Croatia welcomed the decision by Deputy Prime Minister Boris Milosevic, of the Independent Democratic Serb Party, to attend the commemoration of Operation Storm in Knin on August 4.

Also, the Deputy Prime Minister and Minister of Veterans' Affairs, Tomo Medved, will be attending a commemoration in Grubori where five elderly Serbs were killed on August 25, 1995 in the wake of Operation Storm.

"We welcome the positive institutional progress made in recent days and hope that these symbolic steps will be followed up with specific solutions to ensure the exercise of long-awaited rights by civilian victims of the war," the non-governmental organisations said in a joint statement.

Citizens of Croatia were called upon "to seize the initiative because the political elites have for too long used the traumas of the war for purposes of daily politics and glorified war crimes instead of condemning them."

The NGOs noted that many people remained unaccounted-for from the war and that those responsible for ethnic cleansing and war crimes had not been brought to justice to date. In order to stop the abuse of the war and militarisation of the state, they called for promoting a culture of accountability, facing the past, and showing sincere solidarity with all war victims.

The Croatia Constitutional Court has decided: same-sex couples in Croatia have the right to be foster parents on the same terms as everyone else.

Croatia Court Decision Gives Same Sex Couples Foster Parent Rights

Croatian courts and other competent authorities are required to allow same-sex couples to provide foster care on the same terms as other qualified applications. The Constitutional Court decided this by evaluating as many as eight proposals and requests to review the constitutionality of the Foster Care Act and its provisions for removing same-sex persons living in formal and informal life partnerships from the circle of potential foster parent applicants.

The Constitutional Court did not repeal the challenged legal provisions, arguing that this would create a legal loophole, but stated unequivocally that the exclusion of same-sex couples from foster care was discriminatory and unconstitutional, and provided clear instructions to the courts, social welfare centers and other decision-making bodies regarding these issues and indicated they must not exclude applicants based on their life partnership status.

High Court Found That Legal Provisions ‘Silenced’ Same Sex Partners

“The Constitutional Court found that the impugned legal provisions which left out (‘silenced’) a certain social group produces general discriminatory consequences against same-sex persons living in formal and informal life partnerships, which is constitutionally unacceptable,” points out in the summary of the Constitutional Court's decision.

It is further stated that discriminatory effects cannot be eliminated or replaced by the intervention of the Constitutional Court in the existing content of the law according to Ivanka Toma/Jutarnji List on February 7, 2020.

“Namely, the Foster Care Act has a legitimate purpose - the protection of the interests and well-being of socially disadvantaged persons - and in this respect is not in conflict with the constitution. The mere repeal of the impugned legal provisions would lead to a gap in the existing model of public foster care service and would have adverse consequences for the rights and interests of foster care users. Therefore, the Constitutional Court did not accept the proposals and the request for review of conformity with the constitution of the disputed articles of the Foster Care Act,” their decision reads.

Constitutional judges stressed that, despite not intervening in the legal text, "courts or other competent bodies that directly decide on individual rights and obligations of citizens in resolving individual cases are obliged to interpret and apply laws in accordance with their meaning and legitimate purpose, to make those decisions on the basis of the constitution, laws, international treaties and other sources of law."

“In the present case, this means that the impugned legal provisions are obliged to interpret and apply in a way that will enable all persons under equal conditions to participate in public foster care service, regardless of whether the potential foster parent lives in an informal or formal life partnership,” according to the Constitutional Court's unambiguous message.

Constitutional Court President Miroslav Šeparović says the Kožić-Šegota case, in which the Administrative Court gave them the right to be foster parents, and the Social Welfare Center’s refusal to enforce the court's decision had had no bearing on their decision.

Gay Life Partners Ivo Šegota and Mladen Kožić in January after second foster care rejection. | Nova TV

Administrative Court Decision Did Not Influence Constitutional Court Decision

“The Constitutional Court has been reviewing this law for several months and the decision of the Administrative Court in no way influenced the decision of the Constitutional Court. But we have indicated that courts and administrative bodies are obliged to act in accordance with the Constitution and international regulations and must interpret laws so that no social group is discriminated against,” added Šeparović.

Regarding the Kožić-Šegota case, he pointed out that the Social Welfare Center should have acted on the decision of the Administrative Court which allowed the couple to be foster parents without this Constitutional Court decision. However, the Constitutional Court decision further obligates them to honor the lower court’s decision, and notes that this same-sex couple must not be discriminated against and that they can be foster parents on the same terms as anyone else who meets the legal requirements. 

Ivo Šegota and Mladen Kožić, who are gay life partners, applied to the Social Welfare Center to become foster parents three years ago. After rejecting their application, the center explained that the couple cannot foster children because the law does not allow them to do so as life partners. Last December, the Administrative Court handed down a historic verdict which stated that life partners could be foster parents. However, their request was rejected again by the Social Welfare Center in January.

The President of the Constitutional Court recalls that, under the Constitutional Act of the Constitutional Court, Constitutional decisions must be enforced, and the government is obliged to ensure compliance.

“The point of this decision is that opportunity to provide foster care service must be given to everyone under the same conditions, regardless of whether the potential foster parents are of same-sex orientation. This does not mean that they are privileged, but their foster care must be allowed if they meet the legal requirements,” explained Šeparović.

Daniel Martinović | Coordinator for Dugine obitelji (Rainbow Families)

Dugine Obitelji (Rainbow Families) Official Statement

Daniel Martinović, Coordinator at Dugine obitelji (Rainbow Families), released the following statement:

“Today's Constitutional Court decision states that the Foster Care Act must be interpreted to include life partners as equals as other foster parents, and that this is the only correct interpretation of the act.”

“The decision recognizes and prevents discrimination against life partners in the future and does what politicians in Croatia have not accomplished for years. This is a positive leap forward for the equality for all citizens of the Republic of Croatia, regardless of their sexual orientation or gender identity.”

“The LGBT community has once again fought for its rights alone, persistently and together. Our courage and insistence on a fairer society can hopefully be a milestone for other marginalized groups in our society.”

Croatia Constitutional Court Decision Ends Three Year Court Battle

Information on the December 2019 court decision can be found here. Details about the Social Welfare Center’s January 2020 rejection of the couple’s second foster care application can be found here.

A history of the couple's efforts to become foster parents and information on the LGBT rights movement in Croatia can be found here.

To learn more about the efforts of Rainbow Families (Dugine obitelji), check out their website and Facebook page.

The Croatia Constitutional Court decision (in Croatian):

Odluka Ustavnog suda o udom... by Index.hr on Scribd

A Croatia gay couple, who want to become foster parents, have a message for haters: “We are a country full of hypocrisy,” they point out in yesterday's interview with RTL Direkt. Ivo Šegota and Mladen Kožić, who are in a life partnership, applied to become foster parents in 2017. After passing extensive background checks, screening tests and obtaining their foster care certification, their application was rejected by the Social Welfare Center in Zagreb.

In December 2019, the Croatian Administrative Court handed down a decision which ordered the center to consider the couple’s foster parent application based on its merit only. However, the center refused to comply with the court’s decision and rejected their application again. Tatjana Brozić Perić, director of the Zagreb Social Welfare Center, now faces charges for refusing to implement the Administrative Court decision. Her conduct has also been condemned by members of the Croatian parliament.

Ivo Šegota and Mladen Kožić applied to the Social Welfare Center to become foster parents three years ago. After rejecting their application, the center explained that the couple cannot foster children because the law does not allow them to do so as life partners. Last December, the Administrative Court handed down a historic verdict which stated that life partners could be foster parents. However, their request was rejected again by the Social Welfare Center in January.

Croatia Law: Gay Couple Could Be Foster Parents, But Not as Life Partners

Ivo Šegota and Mladen Kožić, life partners who hope to become the first Croatian gay foster parents, were guests of Mojmira Pastorčić/RTL Direkt on January 28, 2020. The craziest thing of all is that if they were single instead of life partners, they could have easily fostered a child.

"That is the biggest paradox. If I had applied alone, I would not be questioned and would be welcomed at the center, I am at an ideal age, live in an urban environment, am highly educated and financially comfortable. In other words, I am in an ideal category for foster care applicants," Ivo noted.

Ivo Šegota | RTL Direkt

At Christmas they were given a "gift" by the Administrative Court, but the couple began celebrating too soon.

Director Zagreb Social Welfare Center Won’t Implement Court Decision

A few days ago, a decision was made by the Social Welfare Center, in which the director, Brozić Perić, stated that she would refuse to acknowledge the court decision because she did not want to implement it. Both Mladen and Ivo will submit a complaint to the Ministry of Demography, and they are confident that it won't repeat the center’s absurd behavior and will hand down a valid legal decision.

"We have been waiting for a long time and hope that as soon as we file our complaint, the Ministry (of Demography) will react promptly in accordance with the laws and the decision of the Administrative Court," Ivo says.

They would be the first gay couple to foster a child, but there are already several same-sex couples who have children in Croatia.

Croatia Same Sex Couples with Children Doing Well

"We don't have official statistics, but we hang out with a lot of these families. Some have children who are already grown up, but recently we've had a little 'baby boom'. Such families have had much more positive experiences than one might expect. There are families from every part of Croatia, and everything is working out very well for them. Professionals, who deal with these children in kindergartens and schools, and neighbors, generally view everyone as human beings first. Especially when it comes to a child, few are willing to act to the detriment of a child," Mladen said.

Croatia Public Reactions Overwhelmingly Positive

By all accounts, they have taken on a difficult role. "When this all began, it was not our intention to make public appearances, but immediately we realized that the saying 'When, if not now and who, if not me' could easily apply to us as well. The narrative in Croatia will not go forward unless we make public appearances and fight for our rights because our institutions have been silent or have rejected us," Ivo revealed.

The reactions they receive are mostly positive, which is surprising. People approach them throughout the day, and they also have the support of family, employers and even strangers. The pair are convinced that it is time for same-sex couples in Croatia to be allowed to adopt children.

Croatia In Company with Moldova Regarding Same Sex Foster Parenting

"Croatia is currently in company with Belarus and Moldova on this issue. The question is whether we want to be in company with them or with Spain, Austria, Germany, Great Britain. We are currently heading the EU Presidency and are proud that we are the heart of Europe. So why don't we assume a European stance regarding this issue as well? I am somewhat convinced that we are ready. There has been a huge shift toward positive comments in just one year, which is why we are glad that we have decided to make our efforts public," said Mladen.

Mladen Kožić | RTL Direkt

Some are saying that it is not necessary to experiment, but Ivo has a counterproposal for them.

Over 1000 Children in Croatian Orphanages: Shortage of Foster Parents

"We are talking about a thousand or more children who are spending their childhood in orphanages. Let’s see our opponents foster two or three children, which is as many children as we would like to foster, and we could solve all our problems in Croatia. There would not be any children left for us to foster, and everyone would be happy, except for the two of us, perhaps. "We are a country full of hypocrisy, and we don't see those who voice the loudest opposition coming down to the (Social Welfare) Center (to become foster parents). And we have a chronic shortage of foster parents in Croatia," Ivo concluded.

Mojmira Pastorčić with Mladen Kožić and Ivo Šegota | RTL Direkt

Interview with Mladen Kožić | HRT

Information on the December 2019 court decision can be found here. Details about the Social Welfare Center’s rejection of the couple’s second foster care application can be found here.

A history of the couple's efforts to become foster parents and information on the LGBT rights movement in Croatia can be found here. 

To learn more about the efforts of Rainbow Families (Dugine obitelji), check out their website and Facebook page.