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National Constitutional provisions – Croatia

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

The Constitution of the Rep. of Croatia, 1990 through to 2001.

 

EDUCATION

 

Chapter III Part 3 Economic, Social, and Cultural Rights

Article 65 [Schooling]
(1) Primary education shall be compulsory and free.
(2) Secondary and higher education shall be equally accessible to everyone according to abilities.

Article 66 [Private Schools]
Under conditions specified by law, private schools and educational institutions may be established.


Article 67 [Universities]
(1) The autonomy of universities shall be guaranteed.
(2) Universities shall independently decide on their organization and work in conformity with law.

 

EQUALITY

 

Chapter II. Basic Provisions

Article 3 [State Values]
Freedom, equal rights, national equality and equality of genders, love of peace, social justice, respect for human rights, inviolability of ownership, conservation of nature and the environment, the rule of law, and a democratic multiparty system are the highest values of the constitutional order of the Republic of Croatia and the ground for interpretation of the Constitution.

 

Chapter III. Protection of Human Rights and Fundamental Freedoms

Part 1. General Provisions

Article 14  [Equality]
(1) Everyone in the Republic of Croatia shall enjoy rights and freedoms, regardless of race, colour, gender, language, religion, political or other belief, national or social origin, property, birth, education, social status or other characteristics.
(2) All shall be equal before the law.

 

Article 15 [Rights of Foreigners, Cultural Rights]
(1) Members of all national minorities shall have equal rights in the Republic of Croatia.
(2) Equality and protection of the rights of national minorities shall be regulated by the Constitutional Act which shall be adopted in the procedure provided for the organic law.
(..)
(4) Members of all national minorities shall be guaranteed freedom to express their nationality, freedom to use their language and script, and cultural autonomy.

 

Part 2 Personal and Political Freedoms and Rights

 

Article 44  [Public Affairs, Public Services]
Every citizen of the Republic of Croatia shall have the right, under equal conditions, to take part in the conduct of public affairs, and to have access to public services.

 

VULNURABLE GROUPS

 

Chapter III. Protection of Human Rights and Fundamental

Part 3. Economic, Social, and Cultural Rights

Article 57  [Assistance, Disabled, Humanitarian Aid]
(1) The State shall ensure the right to assistance for weak, helpless and other persons unable to meet their basic needs owing to unemployment or incapacity to work.
(2) The State shall devote special care to the protection of disabled persons and their integration into social life.


 LANGUAGE and CULTURAL DIVERSITY

 

Chapter II. Basic Provisions

Article 12 [State Language]
(1) The Croatian language and the Latin script shall be in official use in the Republic of Croatia.
(2) In individual local units, another language and the Cyrillic or some other script may be introduced into official use along with the Croatian language and the Latin script under conditions specified by law.

 

Chapter III. Protection of Human Rights and Fundamental

Part 3 Economic, Social, and Cultural Rights

Article 68 [Science, Culture, Arts, Sports]
(1) Freedom of scientific, cultural and artistic creativity shall be guaranteed.
(2) The State shall stimulate and assist the development of science, culture and the arts.
(3) The State shall protect scientific, cultural and artistic goods as national spiritual values.
(4) Protection of moral and material rights deriving from scientific, cultural, artistic, intellectual and other creative activities shall be guaranteed.
(5) The State shall promote and assist care of physical education and sport.

 

RELIGION

 

Chapter III. Protection of Human Rights and Fundamental Freedoms

Part 2 Personal and Political Freedoms and Rights

Article 40 [Religion]
Freedom of conscience and religion and freedom to manifest religion and other convictions shall be guaranteed.

 

Article 41 [Religious Communities, Religious Neutrality]
(1) All religious communities shall be equal before the law and shall be separated from the State.
(2) Religious communities shall be free, in conformity with law, publicly to perform religious services, to open schools, educational and other institutions, social and charitable institutions and to manage them, and shall them, and shall in their activity enjoy the protection and assistance of the State.

 

CHILD’S RIGHTS and PARENTS


Chapter III  Protection of Human Rights and Fundamental

Part 3  Economic, Social, and Cultural Rights

Article 62  [Special Protection]
The State shall protect maternity, children and young people, and shall create social, cultural, educational, material and other conditions promoting the right to a decent life.

Article 63  [Parents]
(1) Parents shall have the duty to bring up, support and educate their children, and shall have the right and freedom to decide independently on the upbringing of their children.
(2) Parents shall be responsible for ensuring the right of their children to a full and harmonious development of their personalities.
(3) Physically and mentally disabled and socially neglected children shall have the right to special care, education and welfare.
(..)

(5) The State shall take special care of parentless minors or parentally neglected children.
 
Article 64  [Children, Mothers, Disabled]
(1) Everyone shall have the duty to protect children and helpless persons.
(2) Children may not be employed before reaching the legally determined age, nor may they be forced or allowed to do work which is harmful to their health or morality.
(3) Young people, mothers and disabled persons shall be entitled to special protection at work.


Article 35  [Privacy, Dignity, Reputation, Honour]
Everyone shall be guaranteed respect for and legal protection of personal and family life, dignity, reputation and honour.
 

 

GOVERNMENT

 

Chapter VI Local and Regional Self-Government

Article 134  [Independence, Supervision]
(1) Units of local self-government shall carry out the affairs of local jurisdiction by which the needs of citizens are directly fulfilled, and in particular the affairs related to the organization of localities and housing, area and urban planning, public utilities, child care, social welfare, primary health services, education and elementary schools, culture, physical education and sports, customer protection, protection and improvement of the environment, fire protection and civil defense.
(2) Units of regional self-government shall carry out the affairs of regional significance, and in particular the affairs related to education, health service, area and urban planning, economic development, traffic and traffic infrastructure and the development of network of educational, health, social and cultural institutions.
(3) Affairs of local and regional jurisdiction shall be regulated by law. At the allotment of the affairs, priority shall be given to the bodies which are closest to the citizens.
(4) At the determination of the local and regional self-government jurisdiction, the scope and nature of affairs and the requirements of efficiency and economy shall be taken into account.