Personal and material scope
Author | Bojic, Ines |
Pages | 40-59 |
40
3 PERSONAL AND MATERIAL SCOPE
3.1 Personal scope
3.1.1 EU and non-EU nationals (Recital 13 and Article 3(2), Directive 2000/43
and Recital 12 and Article 3(2), Directive 2000/78)
In Croatia, there are no residence or citizenship/nationality requirements for protection
under the relevant national laws transposing the directives.
The Anti-discrimination Act does not distinguish between citizens and non-citizens and
guarantees protection from discrimination to any person.170
The Anti-discrimination Act provides protection from discrimination to any person without
exception, which would also include undocumented migrants.
3.1.2 Natural and legal persons (Recital 16, Directive 2000/43)
a) Protection against discrimination
In Croatia, the personal scope of anti-discrimination law covers natural and legal persons
for the purpose of protection against discrimination.171
The Anti-discrimination Act does not distinguish between natural persons and legal
persons for the purpose of protection against discrimination; the term used is ‘any
person’.
b) Liability for discrimination
In Croatia, the personal scope of anti-discrimination law covers natural and legal persons
for the purpose of liability for discrimination.172
3.1.3 Private and public sector including public bodies (Article 3(1))
a) Protection against discrimination
In Croatia, the personal scope of national anti-discrimination law covers private and
public sectors, including public bodies, for the purpose of protection against
discrimination.173
The Anti-discrimination Act does not distinguish between persons belonging to the
private or public sectors for the purpose of protection against discrimination; the term
used is ‘any person’.
The national provisions comply with the directives.
b) Liability for discrimination
In Croatia, the personal scope of anti-discrimination law covers private and public sectors
including public bodies for the purpose of liability for discrimination.174
170 Anti-discrimination Act, 9 July 2008, Article 1.
171 Anti-discrimination Act, 9 July 2008, Article 1.
172 Anti-discrimination Act, 9 July 2008, Article 8.
173 Anti-discrimination Act, 9 July 2008, Article 1.
174 Anti-discrimination Act, 9 July 2008, Article 8.
41
3.2 Material scope
3.2.1 Employment, self-employment and occupation
In Croatia, national legislation applies to all sectors of private and public employment,
self-employment and occupation, including contract work, military service and holding
statutory office, in respect of the five grounds of unlawful discrimination.
The Anti-discrimination Act applies to all areas without limitation, while explicitly
enumerating 10 areas to which special attention is to be paid.175
The Labour Act prohibits direct and indirect discrimination in the field of employment and
working conditions, including selection criteria and recruitment conditions, promotion,
vocational training, advanced vocational training and retraining.176
3.2.2 Conditions for access to employment, to self-employment or to
occupation, including selection criteria, recruitment conditions and
promotion, whatever the branch of activity and at all levels of the
professional hierarchy (Article 3(1)(a))
In Croatia, national legislation prohibits discrimination in relation to conditions for access
to employment, to self-employment or to occupation, including selection criteria,
recruitment conditions and promotion, whatever the branch of activity and at all levels of
the professional hierarchy for the five grounds in both private and public sectors as
described in the directives.177
The Anti-discrimination Act explicitly covers access to employment and self-employment,
for all of the grounds covered by the directives.
The public sector is not dealt with differently to the private sector.178
The Labour Act prohibits direct and indirect discrimination in the field of employment and
working conditions, including selection criteria and recruitment conditions, promotion,
vocational training, advanced vocational training and retraining.179
The People’s Ombudsperson’s Report for 2018 points to the continuous discriminatory
practice of the Catholic Theological Faculty in Zagreb in the process of recruitment of
administrative and technical staff. In order to apply for a job at the faculty, a person is
required to present a confirmation of baptism, irrespective of the job position. On several
occasions the Ombudsperson has issued warnings and recommendations stating that this
kind of practice represents direct discrimination since the exception from the Anti-
discrimination Act relating to the religious ethos of religious communities referred to in
Article 9 is not applicable to the employment of administrative and technical personnel.
Nevertheless, the faculty continued this discriminatory practice.180
3.2.3 Employment and working conditions, including pay and dismissals
(Article 3(1)(c))
In Croatia, national legislation prohibits discrimination in working conditions including pay
and dismissals, for all five grounds and for both private and public employment.
175 Anti-discrimination Act, 9 July 2008, Article 8.
176 Labour Act, 15 July 2014, Article 7(4).
177 Anti-discrimination Act, 9 July 2008, Article 8.1.
178 Anti-discrimination Act, 9 July 2008, Article 8(1).
179 Labour Act, 15 July 2014, Article 7(4).
180 People's Ombudsperson (2019), Report for 2018, available at: https://www.ombudsman.hr/hr/izvjesca-
puckog-pravobranitelja/.
To continue reading
Request your trial