Home > Members Home > Croatian Office of the Ombudsman

Croatian Office of the Ombudsman

Date established

October 1992, became an equality body on 1st January 2009.

Mode of establishment

- The Constitution of the Republic of Croatia, 1991 (states that the Ombudsman/woman is independent, that s/he protects citizens’ rights and reports to the Croatian Parliament)
- The Ombudsman Act, 1992 (regulates the jurisdiction, mode of action and conditions for the election of the Ombudsman/woman)
- The Anti-discrimination Act, 2009 (establishes the Ombudsman/woman as the central body responsible for the suppression of discrimination and lists powers of the Ombudsman/woman in the field of anti-discrimination)
- The Constitution of the Republic of Croatia, 2010 (authorities of the Ombudsman/woman are expanded so that s/he can receive citizen’s claims regarding constitutional or other legal rights infringements done by the unlawful or irregular work of state bodies, units of regional/local self government or bodies with public authorities)  

Status

Independent and autonomous (reports to the Parliament).

Mandate/objectives

The Ombudsman/woman and his/her deputies are elected for a term of eight years and may be re-elected.

Grounds of discrimination covered

The Anti-discrimination Act provides for the protection and promotion of equality as one of the highest values of the constitutional order of the Republic of Croatia, creates prerequisites for the realization of equal opportunities and regulates protection against discrimination on the grounds of race or ethnic affiliation or color, gender, language, religion, political or other belief, national or social origin, property status, trade union membership, education, social status, marital or family status, age, health status, disability, genetic heritage, gender identity and expression or sexual orientation.

Primary responsibility for dealing with complaints on the grounds of gender, gender identity and expression and sexual orientation lies with the Ombudsman/woman for gender equality.

Primary responsibility for dealing with complaints on the ground of disability lies with the Ombudsman/woman for persons with disabilities.

When a complaint concerns a child the case is being handled by the Ombudsman/woman for children.

For dealing with complaints on all of the other grounds (race or ethnic affiliation or color, language, religion, political or other belief, national or social origin, property status, trade union membership, education, social status, martial or family status, age, health status, genetic heritage) the Office of the Ombudsman/woman has sole responsibility.

Competences and responsibilities

For the grounds of race or ethnic affiliation or color, language, religion, political or other belief, national or social origin, property status, trade union membership, education, social status, marital or family status, age, health status and genetic heritage the Ombudsman/woman has the power to:
1. receive reports of all the natural and legal persons referred to in Article 10 of the Anti-discrimination Act;
2. provide necessary information to natural and legal persons that have filed a complaint of discrimination with regard to their rights and obligations and to possibilities of judicial and other protection;
3. if the court proceedings have not yet been initiated, examine individual reports and take actions falling within his/her competence required for elimination of discrimination and protection of rights of discriminated persons;
4. warn the public about the occurrences of discrimination;
5. with the parties’ consent, conduct mediation with a possibility of reaching an out-of-court settlement;
6. file criminal charges related to discrimination cases to the competent state attorney’s office;
7. collect and analyze statistical data on discrimination cases,
8. inform the Croatian Parliament on the occurrences of discrimination in his/her annual and, when required, special reports;
9. conduct surveys concerning discrimination, give opinions and recommendations, and suggest appropriate legal and strategic solutions to the Government of the Republic of Croatia.

However, the Office of the Ombudsman as the central equality body has the responsibility to collect and analyze statistical data on discrimination concerning all of the grounds stated in the Anti-discrimination Act as well as to inform the Croatian Parliament on the occurrences of discrimination on the basis of these grounds in his/her annual report (and when required, special reports), to conduct surveys concerning discrimination, to give opinions and recommendations, and to suggest appropriate legal and strategic solutions to the Government of the Republic of Croatia.

Also, the Ombudsman/woman has the power to intervene in the court proceedings on behalf of the party that has been discriminated against and, under specific circumstances, to instigate court proceedings when the right to equal treatment of a larger group of persons is violated.

Main activities

The Office of the Ombudsman has 3 main functions: it is a classical ombudsman’s office (since 1992), an A level National Human Rights Institution (since April 2008) and the central equality body (since January 1st 2009). The majority of its activities is based on complaints handling – both in the area of Ombudsman’s primary competence (concerning infringement of citizen’s rights by public authorities) and in the area of competence as the equality body (complaints concerning discrimination). However, following recent developments of becoming an NHRI and an equality body, more and more attention is given to international relations, educational and promotional activities.

Publications

Gogić, Milena, ed. Annual report on the work of the Office of the Ombudsman for the year 2008. Zagreb: Office of the Ombudsman, 2009.
Šimonović Einwalter, Tena, ed. A guide to the Anti-discrimination Act. Zagreb: Government of the Republic of Croatia Office for Human Rights, 2009.
Gogić Milena, ed. Office of the Ombudsman. Annual report on the work of the Office of the Ombudsman and Annual report on the occurrences of discrimination for the year 2009.  Zagreb: Office of the Ombudsman, 2010.P

Promotion of equality

Since its appointment as an equality body on January 1st 2009, the Office of the Ombudsman has organized numerous activities for the purpose of promoting the Anti-discrimination Act. The Office organized a large launching conference marking the entry into the force of the Anti-discrimination Act entitled “The Ombudsman as the as the central body responsible for the suppression of discrimination”.

Furthermore during 2009 the Office participated in a PROGRESS funded project named “Supporting the implementation of the Anti-discrimination Act”. The primary purpose of the project was to familiarize all of the relevant target groups which are involved in the implementation of the Anti-discrimination Act and/or those which will possibly implement the law with the Anti-discrimination Act, as well as with European anti-discrimination legislation. In order to achieve the given objective, numerous trainings were held regarding subjects in the area of legal protection from discrimination. The training was as follows: education for staff of the Office of the Ombudsman and special Ombudswomen, education for judges and State attorneys, training for Police Academy trainers and public servants, training for attorneys, training for NGO and media representatives, training for business sector members and an international conference open to all interested participants of previous education. Two round-tables were also organized and representatives of regional institutions and bodies active in the area of human rights protection were invited.

Within the project, a Guide to the Anti-Discrimination Act was written and published. A number of experts from the Republic of Croatia collaborated on it and it will enable all interested target groups easily to obtain information about the European anti-discrimination legislation, directives which are related to protection from discrimination as well as detailed information regarding all aspects of the Croatian Anti-Discrimination Act (procedural provisions, misdemeanor provisions and other specifics of the Croatian Act).

The second set of project objectives was to let the public know that the Anti-discrimination Act was passed and to define the Office of the Ombudsman as the central body in charge of suppressing discrimination. For this purpose the project web-site was created, where the public could obtain the most recent information regarding project implementation. The web-site of the Office of the Ombudsman was redesigned, and a national anti-discrimination campaign was carried out.

The objective of the national campaign was to raise the awareness of citizens about their discriminatory behavior and to warn them that there is a law in Croatia that prohibits discrimination. As part of the campaign, jumbo posters and billboards were put up throughout Croatia and posters and brochures were created. A TV clip and a radio jingle were also recorded as part of the campaign and they were continuously broadcasted on public television, 3 times a day for a month.

A poll was carried out in two parts to assess the public awareness of discrimination and the forms that it takes, first in May of 2009, and the second in December 2009, which showed progress after the campaign was carried out. In fact, the results of the second round of the poll indicated that the percentage of citizens who have heard that the Act was passed increased from 42% in the first round, to 50% in the second.

The public campaign continued in the year 2010, regardless of the fact that the project had finished.
TV clip was broadcasted on national television during the last quarter of 2010 and the posters were reset on a public exhibition as a part of the manifestation called “Human Rights Film Festival”.

Furthermore, in relation to promoting equality on regional/local level and providing assistance to the victims of discrimination, the Ombudsman held 2 regional visits (one to the City of Knin and the other one to the City of Vukovar) during 2010. The purpose of these visits was to meet the relevant stakeholders on regional/local level who are in charge of human rights protection (both representatives of governmental sector and NGOs) and to provide direct assistance to the citizens whose rights were infringed. Since the Office of the Ombudsman is located in the capital of Croatia, the City of Zagreb, these visits play important role in raising the awareness of local communities regarding legal protection available to the citizens as well as in achieving wider visibility of the Office’s work and its authorities.

Management

The Ombudsman/woman and 3 deputies       

Nomination of senior staff and board

The Ombudsman/woman and his/her deputies are elected by the Parliament.

Number of staff

33 (the entire Office of the Ombudsman, in all its functions).

Budget

€ 1.286.583,68 (for the entire work of the Office of the Ombudsman)

Accountability

The Ombudsman is accountable to the Parliament only..

Address

Ombudsman
Opatijka 4
10 000 Zagreb
Croatia

Contact details

Phone:  385 1 4851 855
Fax:   385 1 6303 014
e-mail:  ombudsman@ombudsman.hr

Further information

Equinet contact person
Tena Šimonovic Einwalter, MJur
Legal Adviser to the Ombudsman
Phone:  385 1 4851 855
Fax:  385 1 6303 014
e-mail: tena.simonovic.einwalter@ombudsman.hr

website: www.ombudsman.hr