Human Rights and the ECHR in Croatia By: Kennedy Clothier
Since gaining independence in 1991, Croatia has significantly strengthened its human rights protections by aligning its legal framework with international standards.[1] One of the most pivotal implementations was the enacting of the European Convention on Human Rights (“ECHR”).[2] Croatia ratified the ECHR in 1997 and since that time, the Convention has been essential in shaping the country’s human rights landscape.[3] The most notable impacts on the progress of human rights in Croatia can be attributed to its recently developed laws, notable cases, and the challenges and successes in the implementation of the ECHR.[4]
The ECHR is the cornerstone of human rights protections throughout forty-six Council of Europe member states.[5] The Council was adopted in 1950 and began overseeing implementation of the Convention in 1953.[6] Member states, by signing, promise to protect specific human rights like life, freedom, and security, while prohibiting actions such as discrimination in the enjoyment of the rights and freedoms secured by the Convention.[7] Specifically, Article 14 of the ECHR explicitly prohibits discrimination under the rights contained in the Convention.[8] It states that “[t]he enjoyment of the rights and freedoms recognized in this Convention shall be ensured without discrimination on any grounds, such as sex, race, colour, language, religion, political or other opinion, national or social origin, belonging to a national minority, property, birth or other circumstance.”[9]
For Croatia, the ratification of the ECHR in 1997 marked a significant commitment to these principles.[10]Croatia’s Constitution includes a commitment to respecting international human rights standards.[11] Specifically, Article 140 of the Croatian Constitution states that “international agreements concluded and ratified in accordance with the Constitution and made public, and which are in force, shall be part of the internal legal order of the Republic of Croatia and shall be above law in terms of legal effects.”[12] This language grants international agreements, like the ECHR, a status superior to national laws, ensuring that Croatian laws are interpreted in a manner consistent with the ECHR.[13]
The ECHR also allows for individuals to bring complaints of human rights violations before its court once all appeals in the member state have been exhausted.[14] Several landmark cases have shone light upon the influence of the ECHR on Croatian jurisprudence.[15] One such case is Oršuš and Others v. Croatia, where the European Court of Human Rights (ECtHR) found that Croatia had violated the right to education and non-discrimination under Article 14 of the ECHR.[16] The case concerned Roma children who were placed in separate classrooms than other Croatian students due to their lack of proficiency in the Croatian language, causing the Roma students emotional and psychological harms.[17]The ECtHR ruled that this segregation raised to the level of discrimination and Croatia had to reform its educational policies to ensure inclusivity and equality.[18]
While cases like Oršuš v. Croatia, show promising advances in Croatia’s human rights principles, the implementation and effectiveness of ECHR standards has not been without challenges.[19] One of the primary issues is the backlog of cases in Croatian courts, leading to many violations of the right to a fair trial under the ECHR.[20] Article 6 of the ECHR states that “everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.”[21] The ECHR has repeatedly highlighted Croatia’s judicial delays as a violation of Article 6.[22] Additionally, ongoing concerns exist regarding the treatment of minorities in the country, particularly the Roma community, and the protection of asylum seekers and refugees.[23] While Croatia has made legislative strides towards equality, the practical application of these laws still falls short, leading to instances of discrimination and inadequate protection of rights.[24]
Responding to these challenges, Croatia has undertaken several reforms aimed at enhancing the protection of human rights.[25] Croatia continues to strengthen its framework for human rights improvement through legislative means.[26] It has adopted a national action plan for the protection of human rights, the suppression of discrimination, the suppression of sexual violence and sexual harassment, gender equality, equalization of opportunities for persons with disabilities, and Roma inclusion, in addition to new procedural protocol for cases involving hate crimes.[27] Moreover, Croatia has made efforts to improve judicial efficiency through amending its Civil Procedural Act and Criminal Procedural Act, specifically to adopt deadlines for decisions in courts.[28] These improvements, among others, have reduced the judicial case backlog by 56% between 2015 and 2023.[29] With these updates, Croatia is better aligned with Article 6 of the ECHR.[30]
The ECHR has had a profound impact on the protection of human rights in Croatia.[31] While there are ongoing challenges, particularly in terms of judicial efficiency and the treatment of minorities, the commitment to upholding ECHR standards is evident.[32] Landmark cases have prompted significant legal reforms, and the establishment of robust judicial mechanisms continues to strengthen the human rights framework in Croatia.[33] While Croatia continues to navigate its path within the European human rights system, the ECHR remains a vital instrument in promoting justice, equality, and the rule of law.[34]
[1] Novosti, 30 Years of Human Rights Protection in Republic of Croatia: Past, Present and Future, (Jan. 1, 2022), https://www.ombudsman.hr/en/30-years-of-human-rights-protection-in-the-republic-of-croatia-past-present-and-future/.
[2] Id.
[3] Id.
[4] Id.
[5] A Convention to protect your rights and liberties, The European Convention on Hum. Rts., https://www.coe.int/en/web/human-rights-convention (last visited Jan. 3, 2025).
[6] Id.
[7] Id.
[8] European Convention on Human Rights, art. 14, Nov. 4, 1950, 213 U.N.T.S. 221.
[9] Id.
[10] See generally, Impact of the European Convention on Human Rights, Council of Europe, https://www.coe.int/en/web/impact-convention-human-rights/croatia (last visited Jan. 3, 2025).
[11] Constitution of the Republic of Croatia, Art. 140 (1990, as amended 2010).
[12] Id.
[13] Id.
[14] A Convention to protect your rights and liberties, The European Convention on Hum. Rts., https://www.coe.int/en/web/human-rights-convention (last visited Jan. 3, 2025).
[15] Oršuš and Others v. Croatia, App. No. 15766/03, 2010-II Eur. Ct. H.R. 1 (2010).
[16] Snjezana Vasiljevic, Eu Minority Conditionality and the Rule of Law: The Case of Croatia, 99 IUS Gentium 223, 234 -35 (2022).
[17] Id.; Carmelo Danisi, How far can the European Court of Human Rights go in the fight against discrimination? Defining new standards in its nondiscrimination jurisprudence, 9 Int’l J. Const. L. 793 (2011).
[18]Snjezana Vasiljevic, Eu Minority Conditionality and the Rule of Law: The Case of Croatia, 99 IUS Gentium 223, 234 -35 (2022).
[19] Rule of Law in Croatia: Challenges and Recommendations in the Areas of Legislature and Checks and Balances from a Human Rights Perspective, (Dec. 2, 2021), https://www.ombudsman.hr/en/rule-of-law-in-croatia-challenges-and-recommendations-in-the-areas-of-legislature-and-checks-and-balances-from-a-human-rights-perspective/.
[20] Id.
[21] European Convention on Human Rights, art. 6, Nov. 4, 1950, 213 U.N.T.S. 221.
[22] See generally, Mikulić v. Croatia, European Court of Human Rights, 2002.
[23] Online Expert Discussion on the Protection of Migrants and Refugees under the European Convention on Human Rights in Croatia, Council of Europe (Sept. 16, 2024), https://www.coe.int/en/web/implementation/-/online-expert-discussion-on-the-protection-of-migrants-and-refugees-under-the-european-convention-on-human-rights-in-croatia; Mikulić v. Croatia, European Court of Human Rights, 2002.
[24] Id.
[25] In Dialogue with Croatia, Experts of the Human Rights Committee Commend Measures to Investigate War-Era Enforced Disappearances, Raise Issues Concerning Historic Hate Crimes and Corruption, United Nations (July 3, 2024), https://www.ohchr.org/en/news/2024/07/dialogue-croatia-experts-human-rights-committee-commend-measures-investigate-war-era#:~:text=political%20human%20rights.-,Croatia%20continuously%20strengthened%20its%20legislative%20framework%20for%20improving%20and%20protecting,All%20Persons%20from%20Enforced%20Disappearance.
[26] Id.
[27] Id.
[28] Id.
[29] Id.
[30] European Convention on Human Rights, art. 6, Nov. 4, 1950, 213 U.N.T.S. 221.
[31] See generally supra note 10.
[32] See generally supra note 10.
[33] Oršuš and Others v. Croatia, App. No. 15766/03, 2010-II Eur. Ct. H.R. 1 (2010).
[34] See generally supra note 10.