The Social Welfare Center in Zagreb again rejected the foster care application submitted by Ivo Šegota and Mladen Kožić, who are life partners in Croatia. By doing so, they have completely disregarded the Croatian Administrative Court's December 2019 binding judgment, which allowed the couple to become foster parents after a long two-year court battle.

UPDATE: Mladen Kožić and Ivo Šegota give interviews to RTL Direkt and HRT on January 28, 2020. More information here.

Couple Had Started Preparing Home for Children

“We're shocked. After the December verdict, we had started planning how we would prepare our home for children, and I had already announced to my boss that, as soon as children arrived, I would be taking a long-term unpaid leave. And then a decision from the center arrives stating that they will not respect the court's decision. For the first half hour I kept saying, "But how is this possible?" And then I reminded myself that this is another small obstacle that Ivo and I will have to overcome together. We’ll go forward patiently and continue learning and developing our parenting skills. Giving up is not an option,” said Mladen Kožić. He added that he will appeal this unexpected decision, which came with an even more unexpected explanation, with his partner. In fact, the decision literally states that "this body could not arrive at a decision that is based on the application of legal provisions but is based on the opinion of the court."

Šegota and Kožić applied to the center in 2017 with to become foster parents. The center began the procedure, the partners passed the required screening tests and received a positive assessment, which was followed by compulsory education for foster parents and obtained their license. But instead, the center suddenly informed them that "there are no legal prerequisites for initiating the licensing process because they are in a life partnership," and life partners are not expressly listed in the Foster Care Act as possible foster parents. However, singles, spouses and extra-marital partners are listed, as reported by Kristina Turčin/Jutarnji List on January 28, 2020. They couple submitted a complaint to the ministry, which confirmed the center’s decision, and then they initiated an administrative procedure.

Croatia Court December Decision: Couple Can Become Foster Parents

At the end of December, the Croatia Administrative Court issued a judgment that could no longer be appealed, annulling the earlier rulings, and returns the case to retrial. However, the judgment was more than clear. Total Croatia News reported this court decision on December 20, 2019.

“By a meaningful interpretation of the legal provisions in their interconnectedness, the foster family, in the court's view, may include the foster parent and his or her life partner. The legislator did not prescribe a specific sexual orientation anywhere, so it is not logical that a single person having the same sexual orientation as the plaintiffs would be issued a foster care license if he/she fulfills the legal requirements. In this case, the legal requirements (for providing foster care) were not even examined in case of the plaintiffs because of the belief that life partners cannot be foster parents,” the Croatia court ruling read.

“As the respondent deems that the defendant applied an exclusively formalistic or grammatical interpretation of the relevant provisions of the foster care law, without interconnecting them and interpreting them in accordance with their meaning and purpose; the first instance body (Social Welfare Center) will reopen the foster care application process and decide to grant permission solely on the merits of the plaintiff's request,” the judgment ordered.

Ivo Šegota and Mladen Kožić | Facebook

Zagreb Social Welfare Center Denies Couple’s Application Again

However, the center issued the same decision as if there hadn’t been any judgments at all. Jutarnji List has not received an answer regarding the center’s decision because "CZSS (Social Welfare Center) Zagreb cannot provide details on proceedings in order to maintain official and professional secrets, respect the principles of secrecy, protect personal data and out of respect for privacy." The Ministry of Demography, Family, Youth and Social Policy would not comment and were surprised by Jutarnji List’s inquiry.

“Not only can we not comment on the decision of the center, but we are not aware of the fact that a new decision was made,” the ministry stated yesterday.

Zagreb Couple Must Appeal Decision Second Time

Šegota and Kožić must now go through the same procedure again, and an appeal of the center’s decision will be sent to the Croatia Ministry of Demography again.

“That's our next step. If the appeal is not upheld, we will return to the Administrative Court and ask that the court decide on its own and not return the proceedings to the beginning. These decisions by lower administrative bodies, which do not comply with binding judicial decisions, do not contribute to the rule of law. On the contrary, they insult the fundamental value of the constitutional order,” says lawyer Sanja Bezbradica Jelavić, who represents Šegota and Kožić.

“State institutions should adhere to court decisions,” says Gender Equality Ombudsperson Višnja Ljubičić.

Đuro Sessa: 'The decision of the center is not illegal, but it must have strong reasoning.'

The Zagreb Social Welfare Center may, in principle, issue the same decision that was reached previously since the court annulled that previous decision and sent the entire proceeding for reconsideration, explains Djuro Sessa, the Chief Justice of the Croatia Supreme Court.

“The court ruled that the case was going back for retrial. The court had the opportunity to resolve the issue on its own; not to seek a retrial but to replace the decision of the Social Welfare Center with its decision instead. The court could have decided to accept that the plaintiff's request, but they did not do so. Therefore, the center could arrive at the same decision, but the rationale for the decision should have been far more thorough,” Sessa adds.

Rainbow Families | Facebook

Croatia Based 'Rainbow Families' Releases Statement

Rainbow Families (Dugine obitelji), which brings together LGBTI parents and those who wish to become parents in Croatia, released a statement today. It is printed below in full.

“It is unacceptable that the rule of law does not function in Croatia, which currently holds the EU Presidency and that court judgments are not respected.”

“The Administrative Court ruled in December 2019 that Ivo Šegota and Mladen Kožić, life partners who wish to become foster parents, have full rights in their intent. The ruling also indicated that they must not be discriminated against in these proceedings. The Social Welfare Center in Zagreb disregarded the court judgment and again rejected the foster application submitted by Mladen and Ivo. Rainbow Families, which brings together LGBTI parents and those who wish to become parents, consider the center’s actions outrageous. The center is acting as if the Administrative Court's judgment does not exist.”

Daniel Martinović | Rainbow Families

“’This situation was already unbelievable, and it would be ridiculous if it weren’t so sad. The December 2019 decision of Administrative Court gave all of us, who believe in equality and respect for human rights, hope that there is a better future for our society. Since then, we have received an incredible number of messages of support regarding the December court verdict confirming our members, Ivo and Mladen, have the right to become foster parents. People have been stopping them on the road and congratulating them. And now we must witness this reckless, unthinkable, and more importantly, illegal conduct of the Social Welfare Center. What would the Social Welfare Center look like if it ignored the court's decision, for example, and allowed an abusive parent access or information about a child?’” Daniel Martinović, coordinator of Rainbow Families, pointed out.

"Our politicians are constantly heaping praise on our country simply because it currently holds the Presidency of the Council of the European Union. We are also told repeatedly about what a great honor it is for all of us, how proud we can all be of Croatia, how it is proof that we stand side by side with other EU countries. It hasn’t not even been a month since that famous presidency began, and we already have countless examples of where that all falls into the water. We consider this the worst example so far because it shows that institutions in this country do not respect the rule of law or court judgments, which is unthinkable in countries like Germany, Belgium or France."

"Life partners Ivo and Mladen will appeal to the Croatia Ministry of Demography regarding the center’s decision. If the ministry does not accept that appeal, they will go back to the Administrative Court and ask the court to make its own decision. Judging by the first ruling of the Administrative Court, they are fully entitled to become potential foster parents, and legal experts are already warning of the problematic situation the center's decision (last week) will create."

"Basically, in the first decision, the center rejected Mladen and Ivo’s application. However, they did not correctly apply the legal provisions of the Republic of Croatia, and when they were corrected by the relevant court, which rendered a binding decision, they interpreted the court's judgment as 'an opinion' which is not binding, and thus refused to correct their own misinterpretation of the law."

Zrinka Bojanić | Rainbow Families

"'The center’s disregard for the ruling of the Administrative Court causes great legal uncertainty and is harmful LGBTI citizens who are protected by several Croatian laws and European case laws. The judgment clearly instructed the center to decide on the merits of the plaintiffs' request, but they rejected that request, which is contrary to the judgment. They have demonstrated that they do not want to act on the couple’s request to become foster parents, which they submitted back in 2017. If this case is brought before the European Court of Human Rights, there is a very good chance that Croatia will again be forced to respect all its citizens equally and grant them equal rights on equal terms,'" explained attorney Zrinka Bojanić, an associate of Rainbow Families.

Mladen Kožić and Ivo Šegota | Press Conference | December 21, 2019

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

UPDATE: Mladen Kožić and Ivo Šegota give interviews to RTL Direkt and HRT on January 28, 2020. More information here.

For the very first time in Croatia, a Zagreb court rules that same-sex married couple Ivo Šegota and Mladen Kožić have the right to be foster parents, and the Ministry of Demography, which rejected their request to provide foster care last year, must implement the new decision within 60 days, this time in accordance with domestic and international legislation.

It stems from yesterday’s decision by the Zagreb Administrative Court, which annulled previous decisions including the refusals of the Center for Social Welfare and the ministry, according to Kristina Turčin/Jutarnji List on December 19, 2019.

Croatia Court Decision Final: No Appeal Allowed

“The court's decision is binding, and an appeal is not allowed, so this judgment is final. The written ruling has not yet arrived, but as stated during the announcement, the court accepted our argument in the lawsuit, based on Croatian regulations and the European Convention on Human Rights. As a result, the court ordered the relevant government agencies to implement the new decision in accordance with the judgment. We believe that the agencies will respect the court decision,” stated Sanja Bezbradica Jelavić, the attorney representing Ivo Šegota and Mladen Kožić.

“We are overjoyed. As we told the judge, this is the Christmas gift we didn't dare hope for,” Šegota revealed.

In 2015, he and his partner Mladen Kožić were among the first couples to enter a life partnership after the Life Partnership Act was passed in Croatia. Their desire to grow their family and raise children has existed for a long time.

Request to Adopt Rejected: Court Case Pending

“We have wanted to be parents for a long time. Therefore, shortly after our partnership ceremony, we submitted a request to the Center for Social Welfare to become adoptive parents, but were rejected immediately, which is why we have also initiated a lawsuit in the Zagreb Administrative Court, which is still pending,” according to Šegota.

They were not discouraged and started considering other options, such as foster care.

“We gave it a lot of thought. We are aware that this is temporary, rather than permanent childcare, and that foster parents are not adoptive parents, but we have concluded that this option is still a dream come true,” he continues.

Applied to Become Foster Parents as Adoption Alternative

Therefore, Šegota applied with his life partner Mladen Kožić to the Zagreb branch of the Center for Social Welfare to become foster parents in the summer of 2017.

“Our application was very well received, especially by the psychologist and the social worker, who were particularly pleased when we announced that we were interested in fostering two or three children. Zagreb lacks foster families, especially those with the capability and desire to foster more than one child, which is why the centers are often forced to separate biological brothers and sisters,” he explained.

They both underwent an extensive psychological assessment process, during which they performed parenting skills tests, interviews, and discussed their motives for becoming foster care providers. A social history evaluation was also performed to assess their environment and family support network.

Center Rejects Foster Application Even Though Requirements Met

“We completely satisfied the requirements, received a positive assessment and everyone seemed pleased that this was happening. However, suddenly the center stopped contacting us. After the positive evaluation, we should have begun compulsory foster care training, which would have been followed by obtaining a foster care license. Suddenly, we could no longer get a response, and then in early December 2017, we were informed in writing that there were no legal prerequisites for initiating the licensing procedure because we are in a life partnership,” Šegota recounted.

They were very disappointed, he says, because after the initial response, they had hoped everything would be okay. After all, the Life Partnership Act clearly states that life partners are supposed to be legally on par with heterosexual spouses. As lawmakers have often pointed out, the only right that can be challenged is joint adoption of children - but not foster care, which is a profession and does not imply permanent childcare.

“We immediately submitted complaints to the Ministry of Demography about the center’s decision, but they rejected our appeal. We had no option but to institute legal proceedings,” they concluded.

Discrimination Lawsuit Initiated in July 2018

Their lawyer Bezbradica Jelavić initiated the lawsuit in July 2018. She noted that the center had begun the official evaluation of Šegota and Kožić in accordance with the Foster Care Act, but despite conducting a full procedure, which lasted four months, the center eventually rejected their request "because of a lack of legal presumptions.”

"Such a sudden detour in the evaluation process led us to the conclusion that there was a directive from above to treat these applicants differently. Considering the abrupt termination of the proceedings which were already underway, and even though the plaintiffs had met all the legal requirements, it's obvious that the Center for Social Welfare's treatment of the applicants was discriminatory due to their sexual orientation." The lawsuit further outlined the plaintiffs’ right to equal treatment and family life according to the law. National regulations, the constitution and international treaties guarantee the prohibition of discrimination as specified by the Convention for the Protection of Human Rights and Fundamental Freedoms.

"The plaintiffs state that they became aware that the Center for Social Welfare had abruptly discontinued another foster care evaluation involving life partners. This case, which had reached a later stage in the assessment, indicated that discrimination against same-sex couples exists within the organization," the lawsuit concludes, and cites several judgments from the European Court for Human Rights regarding similar cases, which were decided in favor of same-sex couples.

Well-Being and Interest of Children Should Come First

In the lawsuit, they also cautioned that the sole focus of the foster care profession should be the interest and well-being of children, not the sexual orientation of the foster parents, especially given the fact that the demand for foster parents is extremely high.

"Thus, by rejecting the request for foster care, the Center for Social Welfare in Zagreb violated not only the applicant's fundamental human rights, but also the right of a child or more children to quality accommodation and care, which they would receive in a stable family setting." According the center’s own evaluation, Šegota and Kožić demonstrated that they could provide this kind of environment, before their application was  summarily rejected.

“The court fully accepted this argument in the lawsuit,” confirmed Bezbradica Jelavić, attorney for the couple.

Šegota and Kožić believe that the ministry and the foster care team at the Center for Social Welfare will respond quickly to the decision by the Zagreb Administrative Court. However, since the verdict has just been published and a written explanation is still pending, the Ministry of Demography has not yet been made aware of the details and could not comment or announce how it would react.

Excited to Finally Become Foster Parents

“We have patiently awaited this verdict. And we’re excited because we believe that we’ll be licensed as foster parents within the next few months and a child will arrive in our family. Or more children,” Šegota hopes.

He points out that this decision is completely in line with the foster care profession because, he emphasizes, foster parents do not have a right to a child, but every child has a right to a family.

"We hope that our family will be the right one for a child," he conveyed. Kožić adds that it is good that the decision has been redirected to the requirements of the profession because the rights of a child should not be the topic of daily political debate.

“The government, after adopting the new Foster Care Act, reiterated that they did not want to explicitly allow life partners to provide foster care because it contradicts their worldview, but at the same time they indicated that if the court rules otherwise, they will respect the court's decision. Now the court has provided children who don’t have a family with an opportunity for Santa Claus rather than a Grinch. Because it is the right of every child to grow up in a loving family, and not in an orphanage,” Kožić concludes.

Founding Members of Croatia Based ‘Rainbow Families’

Šegota and Kožić are among the founders of the Croatia based group “Rainbow Families,” which is modeled after similar organizations worldwide, and brings together LGBTIQ couples and individuals who have children, want to have children, or would like to learn more about the rewards and challenges of raising a family.

Members of the organization first came together in 2011 in a psychosocial support group organized by the Zagreb Pride Association, led by psychologists Iskra Pejić and Matee Popov. After completing two support group cycles, the group members continued to meet and socialize as an informal citizens' initiative. Then, they established a forum and a website. In 2017, their association was officially registered. In 2018, they published an illustrated book titled "My Rainbow Family,” which was first book in Croatia to feature children with same-sex parents. In 2019, they organized the first international conference on rainbow families called “Our Children Are Fine.” Rainbow Families regularly organizes group activities and gatherings, which continue today.

For non-traditional families in Croatia, sharing experiences with others in similar circumstances can be very rewarding and fulfilling. In Rainbow Family meetings, LGBTIQ parents, and those planning parenthood, are given the opportunity to share their experiences and get to know each other.

Full Joint Adoption by Same-Sex Couples Legal in Seventeen European Countries

Full joint adoption by same-sex couples is legal in seventeen European countries: Andorra, Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, the Netherlands, Norway, Portugal, Spain, Sweden and the United Kingdom. Another five: Estonia, Italy, Slovenia, San Marino and Switzerland permit stepchild adoption in which the registered partner can adopt the biological and the adopted child of his or her partner in some cases. In Croatia, a life partner may become a partner-guardian over their partner's child, which is somewhat comparable to stepchild adoption. The new policy in Croatia follows that of Greece in which same-sex couples in a civil partnership may become foster, but not adoptive, parents.

Follow our Politics page for more information on LGBTIQ rights in Croatia.

A group of UN human rights experts reported today on their findings regarding the public outcry in October 2018, during which numerous women spoke out against the treatment they received in the hospitals in Croatia. The group consisted of: Dubravka Šimonović (Croatia), Ms. Ivana Radačić (Croatia), Chair-rapporteur of the Working Group on Discrimination against Women in Law and Practice; Mr. Dainus Pūras (Lithuania), the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

The Special Rapporteurs and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

Their public report concludes that "Croatia must act now to stop violations of women’s sexual and reproductive health rights, adopt measures to prevent them from occurring again and hold those responsible to account."

#Croatia must act now to end violence & abuse against women in reproductive health procedures & hold those responsible to account – UN experts appalled by all the testimonies received, following the campaign #BreakTheSilence launched in October 2018.

ℹ️ https://t.co/3JLhkY2Ypp pic.twitter.com/cMwsT4qWo8

— UN Special Procedures (@UN_SPExperts) February 22, 2019

“We are appalled by the testimonies given by women, following the launch of the campaign #BreakTheSilence in October 2018, which showed a pattern of abuse and violence against women undertaking medical procedures related to their reproductive health,” the experts added. The violence ranged from surgical treatments carried out without anaesthesia to humiliation, verbal abuse and the refusal to give painkilling medication. “We are deeply concerned about women being subjected to painful treatments without anaesthesia, including surgical miscarriage procedures, uterine scrapes, removal of placenta, stitching after birth, episiotomies being conducted against their will and disrespectful treatment of women by health personnel,” the experts stressed. 

In only two and half days after the launch of the campaign #BreakTheSilence, over 400 testimonies were submitted by women who had experienced violence and abuse at the hands of health personnel in Croatian public hospitals. Some women reported that their legs and arms had been tied to the bed during treatments; others said they had been humiliated by healthcare staff. One woman said her uterus was torn after she had undergone a uterine scrape without anaesthesia in a public hospital. In spite of the testimonies, some politicians and heads of health institutions have denied the allegations, questioning the credibility of the women’s stories and their perception of pain. At times, even women’s intelligence was questioned. 

“A woman who is receiving reproductive health care, including giving birth, accessing medically assisted reproduction services and undergoing surgical miscarriage procedures, must have her rights respected. Health personnel should apply the highest standards of professionalism and ethical codes in delivering reproductive health care, and they must respect the dignity, privacy, autonomy, integrity and security of women,” the experts emphasized. “We encourage the Government of Croatia to conduct an independent investigation into those allegations, to publish its results and to elaborate a national action plan for women’s health,” the experts concluded.

Oct. 10, 2018 — A trip to a psychiatric hospital coincides with human rights organizations decrying Croatia’s habit of cordoning off the mentally ill.

ZAGREB, July 21, 2018 - Nurettin Oral, a Turkish Kurd who has been granted asylum in Switzerland, expects to be released from custody in Croatia after the Constitutional Court recently upheld his complaint and quashed an earlier ruling by Vukovar County Court and the Supreme Court regarding an extradition request filed by Turkey.

ZAGREB, July 18, 2018 - The Centre for Peace Studies (CMS) non-governmental organisation warned on Wednesday that a Kurdish refugee, Nurettin Oral, was still detained in an Osijek prison even though he was arrested more than a year ago based on a warrant issued by Turkey and even though the Constitutional Court ruled on a temporary ban on his extradition six months ago.

May 30, 2018 — Croatia has backed out of promises which would let the intellectually and psychosocially disabled live independently, according to a scathing Human Rights Watch report.

ZAGREB, February 22, 2018 - Discrimination against ethnic and sexual minorities persisted in Croatia in 2017, the legal system, the criminal justice system continued to fail many victims of domestic abuse, police continued to return to Serbia refugees and migrants who entered the country irregularly, without granting them access to an effective asylum process, and access to abortion remained restricted, according to the Amnesty International (AI).

ZAGREB, January 18, 2018 - By August, 1,262 people claimed asylum in Croatia in 2017, including people returned to Croatia from other EU member states under EU asylum rules, only 76 asylum seekers were granted some form of protection in 2017 at the time of writing, and Croatia relocated 78 asylum seekers from Greece and Italy by late September, according to Human Rights Watch (HRW).

The plan is a precondition for Croatia to continue receiving money from EU funds.