Bodies for the promotion of equal treatment (Article 13 Directive 2000/43)

• Author: Bojic, Ines
• Pages: 90-98

90

7 BODIES FOR THE PROMOTION OF EQUAL TREATMENT (Article 13 Directive

2000/43)

a) Body/bodies designated for the promotion of equal treatment irrespective of

racial/ethnic origin according to Article 13 of the Racial Equality Directive

The Anti-discrimination Act grants the People’s Ombudsperson (hereafter the

Ombudsperson) powers as the principal body for the elimination of discrimination and

promotion of equal treatment, irrespective of racial or ethnic origin.409 The

Ombudsperson is the main body for the elimination of discrimination based on other

grounds as well, with the exception of disability, which falls within the responsibilities of

the Disability Ombudsperson, and gender and sexual orientation, which is dealt with by

the Gender Equality Ombudsperson. Further, when the victim of discrimination is a child,

it falls within the responsibility of the Ombudsperson for Children. The latter three

ombudspersons have similar powers in connection with discrimination based on the

grounds covered by them (they receive individual complaints, issue recommendations,

publish annual reports etc).

The duty of the People’s Ombudsperson, as a commissioner of the Croatian Parliament, is

to protect the constitutional and legal rights of citizens in their dealings with the state

administration and bodies vested with public authority. The Anti-discrimination Act has

given it the role of the specialised body for the promotion of equal treatment.

The Ombudsperson’s scope of action includes activities regarding the conduct of all state

bodies, bodies of local and regional self-government units, legal persons vested with

public authority, and the conduct of all legal and natural persons, especially in the

following fields:

- work and working conditions, access to self-employment and occupation, including

selection criteria, recruiting and promotion conditions, access to all types of

vocational guidance, vocational training, professional improvement and retraining;

- education, science and sports;

- social security, including social welfare, pension and health insurance and

unemployment insurance;

- health protection;

- judiciary and administration;

- housing;

- public information and the media;

- access to goods and services and their provision;

- membership and activity in trade unions, civil society organisations, political parties

or any other organisations;

- access to participation in cultural and artistic creation.

b) Political, economic and social context of the designated body

The Ombudsperson, as a commissioner of the Croatian Parliament, submits regular

annual reports on the status of human rights and freedoms in the Republic of Croatia,

after which the Parliament conducts a debate and votes on whether to accept the

Ombudsperson’s report. At a session in May 2016, the Parliament rejected the

Ombudsperson’s annual report (for 2015) for the second time since the Office of the

People’s Ombudsperson was established. Rejection of the report did not have any formal

consequences for the Ombudsperson’s mandate, although it was mentioned in the media

that the procedure for the Ombudsperson’s dismissal would be initiated. The fact that the

Parliament did not accept the Ombudsperson’s report could be interpreted as political

pressure on the independence of the Ombudsperson and it certainly diminishes the

409 Anti-discrimination Act, 9 July 2008, Article 12(1).