The institution of the Ombudsman/Woman is a predominantly promotion-type and complaints based body. As the National Equality Body the Ombudsman/woman has a preventive role in the protection against discrimination through promoting equality and through centralized data collection. S/he has the authority to receive discrimination complaints based on 12 discrimination grounds (e.g. race and ethnic origin, religion and belief, age, health status etc…) since his/her mandate does not include handling discrimination cases based on gender, marital or family status, gender identity and expression and sexual orientation (Ombudsman/woman for gender equality), disability (Ombudsman/woman for persons with disabilities) or handling complaints that concern discrimination of children (Ombudsman/woman for children). In the Annual Report to the Croatian Parliament, s/he provides an analysis and assessment of the situation with regard to the protection and promotion of equality. As NEB, data on all 17 protected grounds is included is this Report.
The institution of the Ombudsman is established by the Constitution of the Republic of Croatia as independent and autonomous. The Ombudsman reports to the Croatian Parliament. The institution was established in 1992 as an Ombudsman type and has since been changing and receiving additional duties:
As mentioned, the institution became the Central Equality Body with the entry into force of the Anti-discrimination Act on January 1st 2009.
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.
In the capacity of the Central Equality Body the Office of the Ombudsman has the responsibility to collect and analyse 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.
Responsibility for dealing with complaints encompasses 12 out of 17 grounds stated in the Act since specialised ombuds are responsible for dealing with complaints based on gender, marital or family status, gender identity and expression, sexual orientation and disability.
According to the Anti-discrimination Act when handling discrimination complaints the Ombudsman/woman has the power to:
Also, based on the Anti-discrimination Act, the Ombudsman/woman has the power to start misdemeanour proceedings and to intervene in the court proceedings on behalf of the party that has been discriminated against. Under specific circumstances s/he can also start proceedings in his/her own name when the right to equal treatment of a larger group of persons has been violated.
Professional and administrative services for the Ombudsman/woman are provided by the Office of the Ombudsman/woman. The allocation of funds necessary for the functioning of the institution is apportioned in the annual budget of the Republic of Croatia.
Bringing proceedings in the name of the equality body [with or without an identifiable victim] but on behalf of one or more individual person(s) who consents to this., Intervention in support of a party
Field Grounds Education Race and Ethnic Origin Religion or Belief Age Health Status Social or Socio-economic Status Other Grounds View Employment Race and Ethnic Origin Religion or Belief Age Health Status Social or Socio-economic Status Other Grounds View Housing Race and Ethnic Origin Religion or Belief Age Health Status Social or Socio-economic Status Other Grounds View Social Protection & Healthcare Race and Ethnic Origin Religion or Belief Age Health Status Social or Socio-economic Status Other Grounds View Goods and Services Race and Ethnic Origin Religion or Belief Age Health Status Social or Socio-economic Status Other Grounds View Other Race and Ethnic Origin Religion or Belief Age Health Status Social or Socio-economic Status Other Grounds View
language, political or other belief, national or social origin, trade union membership, education, genetic heritage
Multi-mandate equality body
National human rights institution, Office of Ombudsman, NPM under National Preventive Mechanism under the Optional Protocol to the Convention against Torture, Responsible for whistleblower protection
Single headed equality body (led by director or ombudsman/commissioner)
The institution of the Ombudsman is headed by the Ombudsman/woman and his/her 3 deputies. One deputy Ombudsman/woman deals with anti-discrimination issues and is the head of the Department for Non-discrimination. There are six departments in the Office: Human Rights Protection Department, Department for Persons deprived of liberty and NPM, Department for Non-discrimination, Whistleblower protection Department, Communication, Cooperation and Promotion Department and General Service Department. In addition to the central office in Zagreb, we have established regional offices in Rijeka, Osijek and Split, in an effort to increase accessibility and reach more citizens.
In line with the Article 10 of the Ombudsman Act the Ombudsman is appointed by the Croatian Parliament for a term of eight years with the possibility of reappointment. At the latest six months before the expiry of the Ombudsman mandate, or no later than 30 days after the termination of office due to other reasons, the Croatian Parliament publishes a public call to propose the candidates for Ombudsman. The Committee on the Constitution, Standing Orders and Political System, with prior opinion of the Committee on Human and National Minority Rights of the Croatian Parliament, shall propose at least two candidates for Ombudsman according to the received applications from the public call and it shall be submitted to the Croatian Parliament.
A person who meets the following conditions may be elected Ombudsman:
Croatian citizenship and residence in the territory of the Republic of Croatia,
completed integrated undergraduate and graduate university study of the legal profession,
at least 15 years of work experience in the profession,
a prominent expert who enjoys in public the reputation of a person of high moral principles and a protector and promoter of human rights and freedoms, ie the rule of law,
who has not been convicted and against whom no criminal proceedings have been instituted for criminal offenses for which proceedings are initiated ex officio,
who is not a member of a political party.
As regards the deputies, the Ombudsman has at least three deputies. The deputy Ombudsman is
elected by the Croatian Parliament for a term of eight years, with the possibility of reappointment.
The Ombudsman proposes candidates for his/her deputies to the Croatian Parliament within 30 days
after the termination of a public call for application.
The Ombudsman and his deputies may not perform any other public or professional duties or be members of a political party
The Ombudsman and Deputy Ombudsmen shall have the same immunity as members of the Croatian Parliament, meaning their criminal prosecution is possible only after parliamentary consent, except for crimes with five or more years of imprisonment mandated.