Exceptions

AuthorBojic, Ines
Pages60-71
60
4 EXCEPTIONS
4.1 Genuine and determining occupational requirements (Article 4)
In Croatia, national legislation provides for an exception for genuine and determining
occupational requirements.
The Anti-discrimination Act provides an exception for genuine and determining
occupational requirements. It states that placement in a less favourable position will not
be deemed to be discrimination in relation to a particular job when the nature of the job
is such or the job is performed under such conditions that characteristics related to any
of the prohibited grounds of discrimination present an actual and decisive condition for
performing that job, provided that the purpose to be achieved is justified and the
condition appropriate.262 This exception has to be interpreted in proportion to the aim
and purpose for which it is provided.263
There has been no case law on this issue.
4.2 Employers with an ethos based on religion or belief (Article 4(2) Directive
2000/78)
In Croatia, national law provides for an exception for employers with an ethos based on
religion or belief.
The Anti-discrimination Act provides an exception for employers with an ethos based on
religion or belief. Different treatment in relation to occupational activities and
employment, entering into membership and acting in conformity with the canon and
mission of a church and religious congregation entered into the Register of Religious
Congregations of the Republic of Croatia, and any other public or private organisation
which acts in conformity with the Constitution and laws, is not discriminatory, if this is
required by the religious doctrine or beliefs, when due to the nature of those activities or
the circumstances under which they are performed, considering the value system of the
organisation, religion or belief of a person presents a genuine, legitimate and justified
occupational requirement. The exception should have a legitimate aim and be reasonable
and necessary. The act is in conformity with Article 4(2) of the Employment Equality
Directive taking into account relevant case law of the CJEU and ECtHR in I.R. v. J.Q. (C-
48/1) and Egenberger (C-414/16).264
Religious institutions affecting employment in state-funded entities
In Croatia some religious institutions are permitted to select people on the basis of their
religion to be hired or dismissed from certain jobs when that job is in certain state
entities, or in certain entities financed by the state. This is neither provided for nor
regulated by national law, but only by the agreements with the Holy See, which causes
significant problems in practice.265 Croatia signed four agreements with the Holy See: on
legal issues (regulating, inter alia, foundations, educational and charitable institutions
and other legal entities founded by the Catholic church); on religious assistance to the
members of the armed forces and the police (founding, inter alia, military chancery, that
is funded by the state, but run by the Church in accordance with the canon law); on
cooperation in the educational and cultural field (establishing religious education in
schools) and on economic issues.
262 Anti-discrimination Act, 9 July 2008, Article 9(2)(4).
263 Anti-discrimination Act, 9 July 2008, Article 9(3).
264 Anti-discrimination Act, 9 July 2008, Articles 9(2)(5) and 9(3).
265 Constitutional Court of the Republic of Croatia, P.T., U-III - 702 / 2009, 22 May 2013, see dissenting
opinion of the President of the Croatian Constitutional Court, Ms. Jasna Omejec.

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