Personal and material scope

• Author: Bojic, Ines
• Pages: 40-59

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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.

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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/.