Laws

CROATIA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum, Refugees
Civil Unions
  Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
Health, Medical
  HIV/Aids
Homosexuality
Immigration, Migration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

Consensual sex between same-sex couples is believed to be lawful at age 14 years [R1.1]

R1.1 Interpol: Sexual offences against children PDF 33.38kb, 26 JUN 06
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation
Surrogacy
Legislation/Cases/References
1.

National

On 13 August 2013, it was reported that Croatia has long allowed lesbians to receive artificial insemination by anonymous sperm donors [R1.1].

R1.1 LifeSiteNews: Croatia government reveals same-sex civil unions law: pro-family petition gathers 750k signatures
Asylum, Refugees, Immigration, Migration, Visas Legislation/Cases/References
1.

Courts & Tribunals

On 23 February 2016, the European Court of Human Rights held in ''Paji v. Croatia'' that the provisions of the domestic Aliens Act excluding same-sex couples from obtaining residence permits for family reunification purposes purely because of their sexual orientation is discriminatory and in violation of Article 14 in conjunction with Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms [C1.2], [R1.2].

C1.2 Judgment: Case of PAJIC v. CROATIA No. 68453/13 PDF 473.39kb 23 FEB 16
R1.1 ILGAeurope: Croatia not justified in excluding same-sex couples from family reunification process 23 FEB 16
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1.

National

On 15 July 2014, the Parliament passed 89-16 a life partnership law recognizing same-sex unions and granting them the same rights as those in traditional marriages with the exception of the right to adopt children. However, if a child does not have a second, officially recognized parent - or their other parent is dead - the same-sex partner of their biological parent will be able to become the legal guardian of the child, if they live with the couple. Otherwise, they will have the rights granted to step-parents [R1.4].

On 02 August 2013, Public Administration Minister Arsen Bauk announced Croatia is drawing up a law on same-sex civil unions to provide equal rights to them as to heterosexual married couples, possibly including adoption rights [R1.3].

On 12 May 2012, Prime Minister Zoran Milanovic was reported to be planning to introduce registered partnerships, thereby increasing legal protections for homosexual couples [R1.2].

In 2003, Croatia extended the same rights to gay couples living together as to unmarried heterosexual couples, including state recognition of shared assets and joint health coverage [R1.1].

The law only applies to gay and lesbian couples living together for at least three years [R1.1].

R1.4 ANSAmed: Croatia passes law on same-sex unions 15 JUL 14
R1.3 ANSAmed: Croatia to recognise same-sex civil unions by year-end 02 AUG 13
R1.2 Business Spectator: Croatia to recognise same-sex marriage unions 12 MAY 12
R1.1 Gay.com UK: Croatia Legislation Recognises Gay Couples 08 AUG 03
The Advocate: Croatia Provides Partnership Rights to Gay Couples 17 JUL 03
Gay.com UK: Conservative Croatian Lawmakers Against Limited Gay Rights 24 JAN 03
Iniciatíva Inakost': Croatian Law on Same Sex Civil Unions PDF 25.47kb, 12 MAR 09
Discrimination Legislation/Cases/References
1.

National

On 01 December 2011, in a 564 to 38 resolution the EU Parliament cleared the way for Croatia to become the 28th member country of the European Union but called for Croatia to combat homophobia and prevent homophobic violence [R1.3].


In June 2008, ILGA-Europe alleged that the Roman Catholic Church was trying to prevent gender identity from being included in the proposed Combating Discrimination Bill [R1.2].


In 2003, discrimination in employment based on sexual orientation was made unlawful [R1.1].

2.

Courts & Tribunals

On 23 February 2016, the European Court of Human Rights held in ''Paji v. Croatia'' that the provisions of the domestic Aliens Act excluding same-sex couples from obtaining residence permits for family reunification purposes purely because of their sexual orientation is discriminatory and in violation of Article 14 in conjunction with Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms [C2.3], [R2.2].

On 05 October 2012, the Supreme Court ruled that Vlatko Marković, former president of the football federation must apologise for his discriminatory anti-gay comments and he must pay to publish both his apology and the court's ruling in local newspapers [R2.1].

R1.3 UK Gay News: Euro Parliament Calls on Croatia to Adopt National Action Plan for Gay, Lesbian and Transgender Rights 01 DEC 11
R1.2 PinkNews: Catholic Church Accused of Delaying Discrimination Bill in Croatia 23 JUN 08
R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
C2.3 Judgment: Case of PAJIC v. CROATIA No. 68453/13 PDF 473.39kb 23 FEB 16
R2.2 ILGAeurope: Croatia not justified in excluding same-sex couples from family reunification process 23 FEB 16
R2.1 OneWorld Platform for SouthEast Europe: Centre for LGBT Equality: Marković has to Apologize Immediately 06 NOV 12
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
See also: [DISCRIMINATION]
1.

National

In June 2008, ILGA-Europe alleged that the Roman Catholic Church was trying to prevent gender identity from being included in the proposed Combating Discrimination Bill [R1.1].

R1.1 PinkNews: Catholic Church Accused of Delaying Discrimination Bill in Croatia 23 JUN 08

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Hate Crimes Legislation/Cases/References
See also: [VIOLENCE]
1.

National

In 2006, hate crimes based on sexual orientation considered an aggravating circumstance [R1.1]

2.

Courts & Tribunals

In January 2011, in the country's first ever verdict in a case of a hate crime against homosexuals, the Zagreb County Court sentenced two defendants to 60 days of community service and six months of conditional imprisonment respectively for attacking two men in front of the popular Zagreb nightclub Sirup on 01 November 2010 [R2.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
R2.1 Croatian Times: Verdict reached in country's first gay hate crime case 27 JAN 11
Health, Medical Legislation/Cases/References
1.

National

In December 2010, a Zagrebís School of Medicine student research survey indicated that almost eight per cent of gay patients had been refused medical help while 50 per cent experienced unpleasant treatment after revealing their sexual orientation to their doctors [R1.1].

R1.1 Croatian Times: Student study shows gay patients face discrimination in Croatia 27 DEC 10
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

National

In 1977, consensual sex between same-sex couples was decriminalised [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
Marriage Legislation/Cases/References
1.

National

On 01 December 2103, the state electoral commission, citing near complete results, said 65 percent of those who voted answered “yes” to the referendum question: “Do you agree that marriage is matrimony between a man and a woman?”. About 34 percent voted against. The result means that Croatia's constitution will be amended to ban same-sex marriage [R1.3].

On 08 November 2013, Parliament voted to hold a referendum on 01 December as to whether to allow gay marriages. The ballot will ask: “Do you agree that marriage is matrimony between a man and a woman?” [R1.2].

On 23 October 2013, a parliamentary commission voted 10-3 to hold a referendum on 01 December to consider changes to the country's constitution that would ban same-sex marriage. Interestingly, if the initiative to ban same-sex marriage passes, the constitution will not be immediately amended to define marriage as a union between a man and a woman. Instead, parliament will hold its own vote on whether or not to adopt the marriage amendment [R1.1].

Croatian family law defines matrimony as the "union of a man and a woman" [Citation required].

R1.3 EdgeOnTheNet: Croatia Votes Against Same-Sex Marriage 01 DEC 13
R1.2 The Washington Post: Croatia to hold referendum on gay marriage; rights groups call vote unconstitutional 09 NOV 13
R1.1 EdgeOnTheNet: Croatia Allows Public to Vote on Gay Marriage Ban 25 OCT 13
BuzzFeed: Croatian Parliament Puts Same-Sex Marriage Ban To Popular Vote 24 OCT 13
Military Legislation/Cases/References
1.

National

There is no prohibition on gay men serving in the Croatian army [R1.1].

2.

Courts & Tribunals

In August 1998, Soldier Aldin Petric sued the Croatian military alleging he was fired for being gay. He was removed from his job at the officer's restaurant and other enlisted men starting beating him up, sometimes in front of officers who did not respond [R2.1].

R1.1 Reuters: Some pride but mainly prejudice for gays in Balkans Croatia Gay 10 JUL 02
R2.1 Capital Q: Military Sued 07 AUG 98
Parenting, Adoption, Fostering Legislation/Cases/References
1.

National

The law in Croatia does not permit same-sex couples to adopt children [R1.3].


On 15 July 2014, the Parliament passed 89-16 a life partnership law recognizing same-sex unions and granting them the same rights as those in traditional marriages with the exception of the right to adopt children. However, if a child does not have a second, officially recognized parent - or their other parent is dead - the same-sex partner of their biological parent will be able to become the legal guardian of the child, if they live with the couple. Otherwise, they will have the rights granted to step-parents [R1.2].

On 02 August 2013, Public Administration Minister Arsen Bauk announced Croatia is drawing up a law on same-sex civil unions to provide equal rights to them as to heterosexual married couples, possibly including adoption rights [R1.1].

R1.3 Reuters: Some pride but mainly prejudice for gays in Balkans Croatia Gay 10 JUL 02
R1.2 ANSAmed: Croatia passes law on same-sex unions 15 JUL 14
R1.1 ANSAmed: Croatia to recognise same-sex civil unions by year-end 02 AUG 13
Violence: Bullying, Domestic Violence, Harassment, Vilification Legislation/Cases/References
1.

National

In 2003, discrimination in employment based on sexual orientation became unlawful [R1.1] however, earlier anecdotal evidence suggests that sexual orientation if known, will lead to harassment by families, at work, or when applying for work [R1.2]

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
R1.2 Reuters: Some pride but mainly prejudice for gays in Balkans Croatia Gay 10 JUL 02

GayLawNet®™ "Exclusive" Sponsorship of this page IS available