Positive action (Article 5 Directive 2000/43, Article 7 Directive 2000/78)

• Author: Bojic, Ines
• Pages: 72-74

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5 POSITIVE ACTION (Article 5 Directive 2000/43, Article 7 Directive

2000/78)

a) Scope for positive action measures

In Croatia, positive action in respect of racial or ethnic origin, religion or belief, disab ility,

age or sexual orientation is provided for in national law.

According to the Anti-discrimination Act, placement in a less favourable position will not

be deemed to be discrimination in the case of a positive action, i.e. special measures of a

temporary nature, which are necessary and appropriate to achieve real equality of social

groups that are in an unfavourable position, when such conduct is based on provisions of

laws, subordinate regulations, programmes, measures or decisions with the aim of

improving the status of ethnic, religious, language or other minorities or other groups of

citizens or persons facing discrimination on the prohibited grounds of discrimination.330

This exception is to be interpreted in proportion to the aim and purpose for which it is

provided.331 This exception is applicable to any grounds covered by the ADA and not just

to positive action in respect of racial o r ethnic origin, religion or belief, disability, age or

sexual orientation.

The most important case law and legal discussion was about the positive action measure

in respect of ethnic origin provided for by the Judiciary Act, the Act on State Judiciary

Council and the Civil Servants Act. Those acts provide a positive action measure in

respect of ethnic origin such that representation of ethnic minorities must be taken into

account when employing civil servants and judges.

An example of a positive action measure on the ground of age in the area of housing is

the state subsidy of housing loans for persons under the age of 45. It is a measure of

state financial assistance intended to facilitate housing for the ‘younger’ population by

repaying a part of their mortgage and is regulated by the Act on subsidising housing

loans.332 Another example is the free flu vaccination for people aged 65 or older.333

An example of a positive active measure in employment is the financial benefits for

employers who employ a person under the age of 30, which is an incentive aimed at

increasing youth employment.

b) Quotas in employment for people with disabilities

In Croatia national law provides for quotas for people with disabilities in employment.

The Act on professional rehabilitation and employment of persons with disabilities

introduced a quota system for all employers (in both private and public sectors) who

employ at least 20 workers, with the quota of disabled employees set between 2 % and

6 %. If the employer fails to fulfil that obligation, they must pay a monthly fee in the

amount of 20 % of the minimum salary in the Republic of Croatia for each person with

disability he was obliged to employ in order to fulfil the prescribed quota. These funds are

used for the sustainability and development of the professional rehabilitation of persons

with disabilities, incentives for the employment of persons with disabilities and funding of

projects and programmes for the employment of persons with disabilities.334

330 Anti-discrimination Act, 9 July 2008, Article 9(2)(2).

331 Anti-discrimination Act, 9 July 2008, Article 9(3).

332 Act on subsidising housing loans, 15 June 2017, Official Gazette 65/17, 61/18, 66/19.

333 Croatian Institute of Public Health, Announcement of 28 October 2019, available on

https://www.hzjz.hr/sluzba-epidemiologija-zarazne-bolesti/pocinje-cijepljenje-protiv-gripe-2/.

334 Act on professional rehabilitation and employment of persons with disability, Article 10(6).