Distr.

GENERAL

CRC/C/8/Add.19
7 December 1994


Original: ENGLISH
Initial report of States Parties due in 1993 : Croatia. 07/12/94.
CRC/C/8/Add.19. (State Party Report)
COMMITTEE ON THE RIGHTS OF THE CHILD

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Initial report of States Parties due in 1993

Addendum

CROATIA
[8 November 1994]

CONTENTS

Paragraphs

I. GENERAL FRAMEWORK 1 - 22

A. Introduction 1 - 4

B. The basic figures 5 - 21

C. Core document of Croatia 22

II. INFORMATION CONCERNING THE ARTICLES OF THE CONVENTION 23 - 387

A. General measures for the implementation of the
Convention (arts. 4, 42 and 44) 23 - 48

B. Definition of the child (art. 1) 49 - 64

C. General provisions (arts. 2, 3, 6) 65 - 106

D. Civil rights and freedoms (arts. 7, 8, 13, 17,14, 15, 16, 37 (a)) 107 - 187
E. Family environment and alternative care
(arts. 5, 18 (1 and 2), 9, 10, 27 (4), 20, 21,11, 39, 25) 188 - 243
F. Health and social welfare (arts. 6 (2), 23, 24, 26, 28 (3), 27 (1-3) 244 - 314

G. Education, literacy and cultural activities (arts. 28, 29, 31) 315 - 332

H. Special protection measures (arts. 22, 38, 37, 40, 39, 30) 333 - 387


Annex: Report on violations of the rights of the child during the war*





* Reproduced, in a separate document (CRC/C/8/Add.19, annex), as received in English from the Government.
I. GENERAL FRAMEWORK
A. Introduction

1. The Republic of Croatia, as a legal successor to the former Socialist Federal Republic of Yugoslavia, took over into its legal system the Convention on the Rights of the Child by the Notification Act, on the basis of the Constitutional Decision on the Sovereignty and Independence of the Republic of Croatia of 25 June 1991 and the Decision by the Parliament of the Republic of Croatia of 8 October 1991. The succession has been thus in effect since 8 October 1991 when the Republic of Croatia took over its international obligations and severed all constitutional and legal connections with the Socialist Federal Republic of Yugoslavia. The Republic of Croatia has expressed reservations to article 9, paragraph 1, because the internal legislation provides for the guardianship authorities (social work agencies) to decide on denying parents the right to keep and raise the child, without prior court procedure.

2. This report has been prepared in compliance with the General Guidelines concerning the form and contents of the first report which the contracting States are obliged to submit according to article 44, paragraph 1 (a) of the Convention on the Rights of the Child. The report data have been collected from the ministries and agencies of the Croatian Government concerned with the child's rights issues and keeping official records, as well as a number of NGOs which support or satisfy the children's needs in different ways.

3. The first two parts of the report contain the general framework with respect to land and people (Part I) and evaluation of the general state of child care in Croatia (Part II), followed by a review of compliance with the requirements of individual articles of the Convention (Part III) with a detailed description of the special circumstances in which the rights of the child are exercised due to the special conditions in the Republic of Croatia.

4. The annex to the report providing more details of the special needs of children in Croatia is printed as a separate document (CRC/C/8/Add.19, annex).
B. The basic figures

5. The overall state of protection of the child's rights has deteriorated over the past two years (1992-1993). In many areas the level of child care has decreased. This negative development was brought about by two basic causes:

(a) The first and worst cause was the war that started in 1991 with the aggression of the then federal Army against Croatia and in favour of Serbia's hegemonist interests and pretensions to the whole of the territory of the former Yugoslavia.

(b) The second cause is related to the changes in the political and economic system in Croatia after the first multiparty elections (1990). The experience of all European post-Communist countries confirms the fact that the
change in the social organization causes social disturbances (decline in production, standards of living, employment, etc.) even under peacetime conditions. The casualties and destruction in Croatia have, however, additionally and significantly impeded the changes necessary in all spheres of life.

6. The disastrous consequences of the war against Croatia and their effects on children, who are helpless victims, are specified below in this report (especially in Part III.H.1). It should be noted that Croatia still has not assumed full sovereignty over about 25 per cent of its State territory within its internationally recognized borders. Two things should be mentioned with respect to this fact. First, the territories in question are United Nations Protected Areas (UNPAs), so this report does not refer to the state of human rights of the population living there. The State of Croatia cannot obtain data from these areas or act to protect the rights of children living there, although they, too, are citizens of Croatia - some of them being Croats, but most of them belonging to the Serb minority. Second, the Croatian public is less and less prepared to put up with the fact that it is precisely from the UNPAs that the adjacent settlements and even major towns are still being shelled and the civilian population endangered, whom the Government can neither fully protect nor provide the basic conditions for normal life.

7. It is of vital interest for Croatia to comply with the requirements of the Convention as soon as possible under peacetime circumstances, since it has personnel and other resources which enable it to maintain the European Union (EU) standards for the protection of children. Within the former Yugoslavia, Croatia was second only to Slovenia with regard to the degree of development and many other indicators, thus being placed before all other federal units.

8. The implementation of the Convention has special importance for Croatia because of the negative demographic development and trends which have lasted for several decades now in Croatia. The 1991 pre-war census recorded negative population growth figures, i.e. 3,003 or -0.6 per cent (number of live-born children per 1,000 inhabitants). That year the number of live-born children was 10.8 per thousand, and the number of deceased persons was 11.4. The table shows that the natural population growth rate is constantly decreasing, being twice as low as in 1959. Experts are predicting further negative growth figures, given the number of the killed, the disabled and missing during the war, with some of the trends surfacing as late as in 10 or more years, as a consequence of children having been killed, wounded or disabled during the war.

9. In spite of the negative population growth caused by the war, in 1990, 1991 and 1992 the Croatian health-care institutions recorded an increase of the number of women who gave birth to their third child. While in the 1983-1988 period their share in the total number of births was between 8 and 9 per cent, in the last three years it has gradually risen (1990 - 9.83 per cent; 1991 - 11.63 per cent; 1992 - 12.96 per cent).
Children
Year
Aged 0-4
Aged 5-9
Aged 10-14
Aged 15-19
1991
280 056
314 697
331 426
326 290
1981
326 696
321 116
315 888
335 788
1971
312 035
332 242
358 212
392 194
1961
361 264
388 673
382 130
292 925
According to the 1992 Statistical Yearbook of the State Institute for Statistics, in Croatia there were 1,252,463 children (aged 0-18), making up 26.18 per cent of the total population.

10. Most women have given birth to two children (from the total of 1,421,698 women who gave birth to a child in 1990; 648,193 of them had two children; 381,016 had one child; 210,798 had three children; 83,793 had four children, etc.).

11. In 1991 most children were born to mothers in the age range of 20 to 24. The fertility rate within this age group is the highest (131.0; the rate within the age group 25 to 29 is 110.4; the rate within the group below 15 is 0.0). The fertility rate has gradually decreased over the past five years (1986 - 52.8; 1987 - 52.1; 1988 - 51.5; 1989 - 49.0; 1990 - 48.5).

12. In spite of the bad economic conditions and financial difficulties of the health-care system, Croatia has a low rate of infant mortality
(1990 - 10.67/1,000; 1991 - 11.09/1,000; 1992 - 11.62/1,000) owing to well-developed prenatal, post-natal and paediatric care for the newborn and infants. The mortality rate for older children in 1991 was:
aged 1 to 4 - 0.4; 5 to 9 - 0.3; 10 to 14 - 0.2; 15 to 19 - 0.6. The figures for 1992 were: aged 1 to 4 - 0.5; 5 to 9 - 0.4; 10 to 14 - 0.3.

13. Changes in family life have affected the nuptiality rate (number of marriages per 1,000 inhabitants) causing it gradually but constantly to decrease over the past 10 to 15 years (1980: 7.3; 1991: 5.9). Such a phenomenon is usually accompanied by a simultaneous increase in the number of children born out of wedlock, but in Croatia this is still not happening to any significant extent. Of the total number of live-born children in 1980, 5.3 per cent were born out of wedlock (1990: 6.9 per cent).

14. The divorce rate (number of divorces per 1,000 inhabitants) was 1.1 in 1980 and remained the same in 1990, thus being rather low when compared to most European countries.

15. After a divorce, children are most often entrusted to their mothers. As a rule, children born out of wedlock do not live with both parents, but mostly with their mothers alone.

16. The number of incomplete families (single-parent families) has significantly risen within the refugee population, mostly because of the large number of men taken away by force during the war who have been reported missing.

17. Women made up 43 per cent of the total number of employed persons in 1991.

18. In 1990/91 there were 930 kindergartens and other preschool institutions in all, with 87,959 children and 5,619 kindergarten teachers, as well as 8,746 children in pupils' hostels with 377 counsellors.

19. In 1990/91 there were 2,026 primary schools in all, with 17,561 classes and 431,568 pupils. In the same school year there were 182 secondary schools with 6,320 classes and 185,498 pupils. Girls made up 48 per cent of the total number of pupils in primary schools, and 50 per cent in secondary schools.

20. In Croatia there are 17 regular music and ballet schools with 1,713 pupils, of whom 66 per cent are girls (1,139).

21. In the 1990/91 school year there were 48 primary schools for disabled children and teenagers with 3,315 pupils (1,287 girls, or 38 per cent). There were also 21 secondary schools for disabled pupils with 1,094 pupils (455 girls, or 41 per cent).
C. Core document of Croatia

22. For all general data for the report concerning information on the country and its population, political structure, legal framework within which human rights are protected and all other information, please refer to the Core Document of Croatia (HRI/CORE/1/Add.32) of 18 March 1994.
II. INFORMATION CONCERNING THE ARTICLES OF THE CONVENTION
A. General measures for the implementation of the Convention (arts. 4, 42 and 44)
1. Measures taken to bring the national legislation and policy into conformity with the provisions of the Convention

23. The change of the social system has been slowed down on account of the war. This is especially true of the legislation, since in Croatia it is not a matter of reforming the existing but rather of creating a wholly new legal system in general. The first step in this direction was the promulgation of the Constitution of the Republic of Croatia (December 1990). In the section of the Constitution providing for the fundamental freedoms and rights of man and citizen there is a new provision that obliges parents to provide for a child's right to the full and harmonious development of his or her personality.

24. In addition, the Government guarantees special protection to children, while the Constitution prescribes additional care for children without adequate parental care and children with special health or social needs. There is, however, no explicit provision on the child's rights, because at the time the Constitution was being drafted, the Convention had not yet been ratified and published in the Republic of Croatia.

25. Nevertheless, the constitutional provision that places the multilateral international treaties above individual laws is relevant for the implementation of the Convention. This means that the competent government agencies are authorized by the Constitution to apply the Convention directly, without waiting for the necessary changes to the relevant laws.

26. After the Constitution was promulgated, the special Constitutional Law on Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities in the Republic of Croatia was passed in 1991. By this legal document, the Government additionally committed itself to respect and protect the ethnic and other fundamental rights and freedoms of man and the citizen of those Croatian citizens who belong to ethnic and national communities or minorities (for details, see sect. H.4 below). The Government committed itself in this respect by referring to the most important international documents, among them the Convention on the Rights of the Child.

27. Bringing the national legislation into conformity with the provisions of the Convention is a component part of the general process of creation of the new legal system. During 1992/93, the Social Welfare Law was drafted, as well as new criminal legislation, while family legislation is expected to be passed by the end of 1994. The requirements of the Convention were taken into account throughout.

28. Croatia still has no national document (of the Government or the Parliament) to define State policy towards the family and children. At the moment its top priorities are: care for the wounded and the families of those killed in the war, and the reconstruction of destroyed property (homes and production facilities), as well as accommodation of a large number of displaced persons - Croatian citizens and refugees from Bosnia and Herzegovina.
2. The existing and planned national and local-level mechanisms
for coordinating policy towards children and monitoring the implementation of the Convention

29. All the rights of man and the citizen and the constitutional freedoms are protected by the Constitutional Court of the Republic of Croatia, whose composition and jurisdiction are regulated by the special Constitutional Law on the Constitutional Court of the Republic of Croatia (1991).

30. Within the Parliament, there is a special Committee for Human Rights and the Rights of Ethnic and National Communities or Minorities (House of Representatives). The task of this Committee is to monitor the application of all international instruments concerning human rights, as well as of the respective provisions of the Constitution and the Constitutional Law.

31. Since the autumn of 1993 the above-mentioned parliamentary Committee has had a special working group composed of experts in various fields. The expert

group was formed to evaluate draft laws in the parliamentary procedure from the aspect of children's interests and needs. The task of the experts is to draw attention to possible defects in the draft laws under consideration with respect to the requirements of the Convention. In addition, they can recommend to the Members of Parliament in the parliamentary Committee for Human Rights to address the Government at parliamentary sessions with questions and objections concerning the observed failure to protect the rights or certain needs of the children.

32. Beside the parliamentary Committee for Human Rights and the special Expert Group within it, there is no other national coordination mechanism for the implementation and monitoring of the application of the Convention. However, there are other committees in the Parliament (e.g. the Committee for Labour, Social Policy, Health Care, Family and Youth) which take into account the interests and needs of children and families.

33. At the moment, the Convention is being implemented and its application monitored within the individual fields of competence of the Government of the Republic of Croatia and its ministries (health, labour, education, justice, administration, etc.). The state of emergency brought about by the enormous influx of displaced persons and refugees to the territory of the Republic of Croatia made it necessary to create a special Government Office for Displaced Persons and Refugees to take care of this category of the population, among them displaced children and child refugees as well. With respect to the organization of the State administration and judiciary at the regional or local level (counties or municipalities) there is government agency influence on the application of regulations and measures for the protection of children.

34. Within the judiciary system all major municipal courts, as well as the Attorney-General's Office, have special departments for dealing with under-age offenders.

35. The war gave rise to the creation of the Government Office for the Victims of War and within it the Commission for the Collecting of Data on Young Victims of War.

36. There are also a number of non-governmental organizations (NGOs) which support, mostly in terms of supplies, the children who lost one or both of their parents in the war (e.g. "Dora", "Suncokret", "Fond kralja Tomislava", etc.). Beside these organizations, the "Nasa djeca" Society (and within it the recently established Committee for the Rights of the Child) has been taking special care of children for a number of years by organizing various social campaigns for the benefit of children.

37. In judiciary terms, the defect of the legal system lies in the fact that it does not provide for the existence of specialized courts for children (or at least for family issues) which through their own organization and specialized personnel would provide the maximum protection for children in civil and criminal lawsuits. The Law on the Juvenile Court Jurisdiction is being drafted presently and will contain provisions concerning the treatment of under-age offenders from the aspect of criminal law and the law of criminal procedure.

38. The popularization of the Convention and informing adults and children about its principles, provisions and requirements is going well, although it has not been systematically organized by any central authority. Several NGOs published translations of the Convention on their own. The UNICEF Office for Croatia and Slovenia published the Convention for wide distribution free of charge (1993). On the occasion of Children's Week, a copy of the publication "First Call for Children" was handed out to the MPs at the regular session of the Parliament. Prior to this, at the presentation of the booklet in Zagreb, the text of the Convention was distributed among the numerous guests and representatives of various organizations and services. The same publication was distributed by the Ministry of Labour and Social Welfare to all social welfare services and child-care agencies.

39. The media also occasionally cover individual topics from the Convention. Most such reports were broadcast by the Zagreb Radio Station in its educational programme.

40. A direct way of popularizing the Convention, especially in terms of its availability to children, should have been a cartoon about children's rights. A preliminary project was even made, but it all stopped for lack of funds. Occasionally, there are special exhibitions on the subject of the protection of children's rights (e.g. an exhibition about the danger of unexploded military items).

41. The making of this report was coordinated by the Ministry of Labour and Social Welfare, with consideration of the data and evaluations by other competent ministries, government offices, NGOs and experts on children's rights.

42. The text of the report will be made available to the parliamentary committees, the State and other organizations competent in the field of human rights protection or undertaking measures to help children or satisfy their needs. In order to inform the public about the contents of the report, the press, radio and TV-coverage is planned, as well as the distribution of copies of the report to the University and National Library (Zagreb) and all university reference libraries (Zagreb, Osijek, Rijeka and Split).
3. International cooperation

43. Simultaneously with the entering into force of the Convention, the necessity of the global protection of children by becoming a party to other regional or general international instruments was realized in Croatia and it joined all the conventions on human rights with a view to applying them to children as well. In addition, Croatia signed the Hague Convention on the Civil Right Forms of International Kidnapping in 1980. Croatia has applied for membership in the Council of Europe with the wish to ratify, as a member of all bodies of the European Union, all European conventions and include them in its legal system. In the field of child protection this applies primarily to the conventions on adoption, alimony, taking children away, etc. It should be noted that following the trends in European legislation, Croatia amended the adoption section of its Law on Marriage and Family Relations as early as 1989, in conformity with and even exceeding the standards of the European Convention on Adoption.

44. As for bilateral treaties, Croatia as a newly established State has yet to offer its cooperation to neighbouring European countries in resolving possible collisions of law and respective rights. So far several treaties with some of the neighbouring countries (e.g. Hungary and Slovenia) on friendship and support in legal matters have been signed as the first step towards comprehensive cooperation (which may include children's issues as well).

45. The UNICEF programme for Croatia provides financial assistance for the implementation of various rights of the child (e.g. to medical supplies, vaccine, food, clothes, etc.).

46. In the context of cooperation with UNESCO, an international Seminar on Global Education for Mutual Understanding, Tolerance, Peace and Human Rights was held in Osijek at the beginning of 1993.

47. There is also a UNESCO associated schools project. UNESCO is active in Croatia with its SHARE programme as well, helping to provide education for displaced and refugee pupils in some of the refugee camps.

48. The Ministry of Labour and Social Welfare is preparing, on behalf of the Croatian Government, the celebration of 1994 as the Year of the Family by various scientific gatherings and workshops, in order to remind the public of the role and importance of the family for its members, especially for children.
B. Definition of the child (art. 1)

49. In the Croatian legal system the status of the child (or minor) lasts until the child becomes 18. After that he or she comes of age and acquires his or her full working capability; according to the provisions of the family legislation, the right of the legal representatives (parents, adoptive parents, guardians) to represent the child ends at this point in time. The right to vote is also acquired on becoming 18.

50. Primary school education is obligatory for all children (constitutional provision) for a period of eight years, according to the existing legislation. As a rule, this education lasts from age 6 to 15. Exceptionally, it is possible to prolong primary school education for disabled children until they are 21.

51. Parents are obliged to support their minor child. When the child comes of age this obligation expires (with two exceptions: in the case of the child's regular education, the obligation lasts for the whole duration of it; in the case of the child coming of age but being incapable of working due to illness or physical and mental disability and without sufficient means to support himself or herself).

52. A minor may get a job (without the consent of his or her legal representative) on becoming 15 (labour legislation). The Constitution forbids forced child labour before the legally determined age and on jobs injurious to their health. The employed minor is entitled to freely dispose of his or her earnings, and this part of the child's possessions is not to be managed by the parents. The minor is obliged to contribute from his or her earnings to his or her support.

53. As a rule (family legislation), no person under 18 can marry. Exceptionally, minors (of both sexes) can marry with a court licence. In this case they must be at least 16 (equal for both sexes), with the additional requirements that the minor is mentally and physically mature enough to be married and that such an early marriage is justified. In the court procedure the parents of the minor are heard but their (or the guardian's) consent is not required. The court takes into account the opinion of the parents and is also obliged to ask for the opinion of the social welfare service. The minor himself or herself, and not his or her legal representative, has to apply to the court.

54. There are also some other cases when the minor who has turned 16 is entitled to give his or her consent on his or her own behalf, without being represented by his or her legal representative (change of name, consent to adoption, admittance of fatherhood and the last will; for details see C below). The last will can be made by any mentally capable person over 16 (Inheritance Law).

55. According to the provisions of the Basic Criminal Code of the Republic of Croatia, the child is a person who has not turned 14 at the time of committing an offence. No criminal sanctions can be applied to such minors. The minor who at the time of committing a criminal offence already was over 14 but under 16 (junior minor) may only be subjected to correction measures, whereas the minor who at the time of committing a criminal offence was over 16 but under 18 (senior minor) may be subjected to correction measures under the conditions provided by the above-mentioned law and, exceptionally, may be sentenced to imprisonment for minors.

56. Children's health insurance covers the period until their fifteenth year; if they continue their regular secondary or university education, they are covered until they finish it. Health-insured children who interrupt their regular course of education on account of illness or injury are entitled to the insurance for the duration of the illness or injury.

57. The criminal legislation lists a number of criminal offences against minors, such as mediating in prostitution, showing of pornographic publications, infanticide, encouragement to suicide and acting as an accessory, kidnapping, sexual intercourse with a child, unnatural fornication, satisfying lust in front of a child, pandering, living out of wedlock with a minor, violation of the obligation to support a child, taking a minor away, abandoning a child, neglect and abuse of a minor, preventing and not implementing measures for the protection of minors, and violation of the confidence of procedure.

58. The minor as a witness in a criminal procedure is protected by the provision according to which the court cannot call as witness the minor who on account of his or her age and maturity level is not capable of fully comprehending the meaning of his or her right not to give testimony, unless the defendant himself demands it.

59. According to the Law on Defence of the Republic of Croatia, children under 18 cannot serve as conscripts in the Army.

60. According to the existing legislation, it is prohibited to sell and give alcoholic drinks to children under 16. The law failed to include children from 16 to 18 in this provision, but new regulations are being prepared to rectify this.

61. According to the existing law, children under 18 are denied access to gambling establishments and gambling machine parlours.

62. In order to help minors and inform them about the methods and advantages of family planning through various social activities (health care, education, social welfare), numerous guidance centres have been established.

63. As for the right of the minor to drive vehicles, the law does not allow minors under 14 to drive bicycles on public roads, with the exception of children specially trained to drive bicycles or horse-drawn vehicles; as for driving motor vehicles (cars), the law does not allow minors under 18 to take driving tests or drive a motor vehicle. Exceptionally, a minor may be entitled to drive a motor cycle upon turning 16 or 14 respectively (depending on the engine volume).

64. The defect of the legal system of the Republic of Croatia lies in the fact that it does not, through adequate regulations in the field of information, protect children from the possibility of buying and using publications harmful to their correct upbringing and development.
C. General provisions
1. Non-discrimination (art. 2)

65. The Constitution of the Republic of Croatia guarantees all rights to all the citizens of the Republic of Croatia, regardless of their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, education, social status or any other properties. The Constitution also stipulates that all citizens are equal before the law.

66. Beside the constitutional prohibition of discrimination, criminal sanctions are foreseen for perpetrators of the offence of the "violation of the equality of citizens".

67. Children born out of wedlock have enjoyed the same rights in the Croatian legal system as the children born to married parents for more than 40 years now. However, for the child to exercise his or her rights with respect to his or her father (and the relatives from the father's side), it is necessary to establish out-of-wedlock fatherhood. According to the estimates, for about 35 per cent of children born out of wedlock in the respective year, fatherhood is determined by means of admission. The mother and the child are entitled to institute court proceedings for determining fatherhood, according to the family legislation. The number (percentage) of children born out of wedlock whose fathers remain unknown (because the children were not acknowledged and the court proceedings for determining fatherhood were never instituted) is not available. Such children are normally not entitled to any rights towards the father and his blood relatives (support, inheritance), but only towards the mother and relatives from her side. The family legislation was amended in 1989, and since then the mother (if she wants to) may, upon registering the child with the registrar's office, name the person she believes to be the father of her child. If the named person answers the registrar's call and declares that he admits the child to be his own, fatherhood is determined by admission shortly after the child is born. If in the course of the above-mentioned procedure there is no admission of fatherhood, the family legislation makes it possible for the social welfare service to institute court proceedings on behalf of the mother for the determination of fatherhood.
2. The best interests of the child (art. 3)

68. This provision exists as the legal term in the laws of the Republic of Croatia, and it is also taken into account in deciding on the court and administrative proceedings and involving children. This provision has a special place in Croatian family legislation as an explicit provision and the basic legal concept, since the law is based on the protection of the child and the promotion of his or her rights.

69. The provision concerning the special social protection of children is being applied to various spheres of public life. One very important aspect of child care is being realized within the framework of the family legislation: the Law on Marriage and Family Relations provides for the protection of children without parental care. The meaning of parental care in social terms is to allow every child to have a happy childhood and grow into a free, humane, moral, creative, physically and mentally healthy person able to do his or her job well and to lead a harmonious family and social life. Such goals require the parents to do their best in raising and guarding their children, taking care of their life and health, developing their working habits, taking care of their education and satisfying their needs. A certain number of parents have no sufficient interest, knowledge, perseverance, responsibility, motivation or psychological and physical strength for carrying out their parental duties. For this reason the Law provides for the right of the State to intervene through its authorities in the relations between the parents and their children, in case there is need for the protection of the child's interest. The principal State agents in such cases are the social welfare services as guardianship agencies at the municipal level. There are a number of measures to be applied in such cases.

70. The concept of the child's best interest is present in the Law on Marriage and Family Relations, functionally related to the right of the child to live with his or her parents. According to the Law, it is permitted that children may live separately from their parents if it is justified by the interest of the children. Moreover, the interest of the child is observed in entrusting the child to guardianship and upbringing - provided that the choice of the person to be entrusted with the child must be in the interest of the child. Likewise, the agreement between the parents as to whom the child will be entrusted for guardianship and upbringing must correspond with the child's interest. The decision by the competent authority on entrusting the child to a person different from the parents or to a guardianship agency shall always be dependent on the child's interest.

71. If the child does not live with both parents, the agreement between the parents on maintaining personal relations with the absent parent must correspond to the child's interests, i.e. the competent authority may restrict or forbid the maintenance of such relations if they endanger important interests of the child. Beside this, the guardianship agency, on the basis of its legal obligation and authority, may take any measures necessary to protect the child's personal and property rights and interests, the basic criterion for the choice of measures being the extent to which the child's interests are threatened.

72. The Law takes the child's rights into account if parental rights need to be prolonged, with the criterion for the court to reach its decision being the inability of the child to take care of his or her person, rights and interests (though it be of age).

73. As for the child's origin, the Law authorizes the guardianship agency, under certain conditions, to institute the proceedings for determining out-of-wedlock fatherhood when it is in the interest of the child.

74. The legal institute of adoption observes the child's interest by making the adoption conditional upon its usefulness for the child, and by the special usefulness in case of inter-State adoption. Moreover, the Law stipulates that in the course of the proceedings the court should pay special attention to the protection of the rights and interests of the minors.

75. Respect of the child's best interest may be discerned from the constitutional provision on the responsibility of the parents for the child's development, since the responsibility of the parents is directed towards providing and protecting all those interests that will make possible the child's integral and harmonious development.

76. The legal standard of the child's interest entered Croatian legislation before the Convention on the Rights of the Child, and it is already present in all the areas in which the child's well-being is decided on. Thus it represents a powerful means of checking the archaic institution of parental rights by indirectly placing more importance on the child's than on the parent's rights.

77. Children without parental care are given guardians, in the choice of whom the child's interest is of primary concern.

78. In the adoption procedure, the social welfare services are exclusively guided by the child's interest, because the Law stipulates that the adoption may be allowed only if it is useful for the child.

79. For all children primary school education is obligatory and free of charge, while secondary school and university education are available to them under equal conditions. The child's best interests are recognized in the general provision that each child must be given a chance to be educated according to his or her personal capabilities. At the moment, this right can be recognized in the more explicit division of curricula into those for average children and those for disabled children. In the last two years a lot of thought has been given to pedagogical and school pluralism, the opening of different schools and the application of different curricula throughout the range of the education system, for preschool to university. The process of abandoning the single ideology and monolithic school system, slow in its own right since it involves the change of mental attitudes developed over the past 40 years, is additionally slowed down by the war and economic crisis in Croatia. In spite of all this, after the first changes in 1991, another cycle of changes of all laws has begun, in order to provide as many opportunities as possible with respect to the choice of schools, universities, pedagogical concepts and education systems.

80. Under the provision of the child's best interests may also be regarded the right of the child to a healthy life and environment, which is a constitutional obligation of the State and may be recognized as the requirement of the child's safety. Beside the family, schools, and especially kindergartens and infant nurseries, try to meet this requirement. Since there is not enough of these institutions, the children both of whose parents are employed, the children with a single parent and the children from poor families have the priority in enrolling. The programmes of the preschool institutions pay special attention to creating favourable conditions for the integral development of each child, for his or her safe and healthy childhood, as well as for mitigating some negative socio-economic, cultural and other effects.

81. The interest of the child is also observed in connection with the child's employment in that it is not legally permitted for a minor under 15 to be employed. Before any employment, however, a medical check-up is obligatory. Besides this, the minor must not be employed on dangerous and health-injurious jobs or work at night or overtime. They are legally entitled to a vacation of at least 25 days.

82. In the court proceedings to decide on the status and rights of the child, as well as on the responsibility of the child, the basic principle that the court has to abide by is the protection of the child's best interest. For this reason the regulations for court proceedings, both civil and criminal, oblige the court to determine the child's best interest using the expertise of the health, social welfare, pedagogical and similar professionals.

83. The minor who has not yet acquired the full extent of his working capability is legally capable of bringing a lawsuit within the limits of his acknowledged working capability (the Law on the Civil Action). Beyond these limits, he or she is represented by his or her legal representative, which could be one of the parents, the guardian or an adoptive parent. If the interests of the child and the parent legally representing him or her are in contradiction, the guardianship agency appoints a special guardian for the child to represent his or her interests.

84. As for the right of the child to health, the child's interest is protected by the provision on the right of every child to health insurance until the age of 15, i.e. until the end of his or her regular education (for details see F.3 below).

85. As for the right of the child to citizenship, the Law on Croatian Citizenship contains a number of provisions enabling a child to acquire Croatian citizenship, so as to avoid him or her becoming stateless.

86. Due to the exceptionally hard wartime and economic situation there has been a shortage of personnel in the social welfare services. The social workers and other professionals of the social welfare services have to cover a wider scope of work such as keeping records of and helping the impoverished persons, as well as of the displaced persons and refugees, so that they inevitably must neglect their work with children (and families), and the usual quality of their work diminishes.
3. Right to life, survival and development (art. 6)

87. The Republic of Croatia pays special attention to the protection of life, the providing of correct growth and development of the child, the promotion of health and providing of health care for ill children and teenagers, which can be seen from all legal regulations concerning health care. The health care institutions and private doctors comply with the provisions of article 6 of the Convention. Health care is available to all citizens, with the mother and the child enjoying special protection. The national programme of health protection measures provide especially for the protection of motherhood and preschool children within the primary health-care system of each country and the City of Zagreb.

88. The Constitution of the Republic of Croatia guarantees to every human being the right to life. Nobody may be subjected to any form of bodily punishment.

89. As for the protection of the child's rights and care, the Constitution of the Republic of Croatia explicitly stipulates that: the family is under the special protection of the Republic; the parents are responsible for providing the child's right to the integral and harmonious development of his or her personality; the physically or mentally disabled and socially neglected child is entitled to special care; the Republic pays special attention to the care of parentless minors and the minors whose parents are not taking care of them; it is everybody's duty to protect the children and the weak; children may not be employed before attaining the legally determined age, nor may they be forced or allowed to do health-injurious or immoral work; the young are entitled to special protection at work. In compliance with the constitutional provision concerning the right to a decent life and the special protection of the family, the family legislation contains provisions enabling the child to exercise the rights as defined by article 6 of the Convention (see E.2 below).

90. The right of the child to life has had an additional polemic dimension in practice. The existing medical and legal regulations allow a woman to have an abortion under certain conditions (see F.3 below). However, in the varying range of opinions on the constitutional provision about the right of every human being to life, there are opinions that abortion should be banned altogether, i.e. that the law that allows it should be abolished. A definite decision on this matter will be made by the Constitutional Court of Croatia after a detailed public discussion.

91. Since the Constitution provides for the protection, development and the rights of the child as one of the basic interests of the community at large, so does the criminal legislation, which punishes those who endanger them. According to the criminal legislation, the murder of a pregnant woman is first-degree murder, by which provision the right of the child to life is additionally protected. The status of children and minors is clearly determined in the Criminal law and the Law on Criminal Procedure. According to this determination, there are two categories of person: children (persons younger than 14 and minors in the narrow sense) and persons aged 14-18. Within the category of minors there are two age groups: junior minors (age 14-16) and senior minors (age 16-18).

92. The special status of children and minors with respect to the Criminal Law is provided by the authorities through their measures of prevention and repression in accordance with the competence and obligations accorded to them by the Constitution, the law on Internal Affairs and other regulations. The police act primarily to prevent the perpetration of criminal and other offences, striving to protect the lives and personal safety of people, property and the public order and peace, as well as to perform other tasks.

93. The programme of prevention - from the police stations and headquarters up to the ministerial level - is implemented by the police independently in various fields of their activity and in cooperation with a number of other authorities (administration, schools, judiciary and other authorities and agencies) active in the field of education, protection, care, entertainment, spare time, sports and other interests, preferences and needs of children and teenagers in the course of their development into mature citizens. In support of this objective, the police establish a programme of measures and activities to be undertaken each year in order to suppress and prevent unacceptable behaviour of children and teenagers. The purpose of these activities is identification and removal of the factors that foster criminal behaviour among children and teenagers.

94. Highly educated experts in psychology, pedagogy, law, criminology and other fields are engaged in this work. It is required that these experts have comprehensive knowledge of the biological, psychological and sociological make-up of the growing human being, in order to better understand the situations, trends and occurrences among children and teenagers and then find the best methods for protecting them and preventing them from entering on the path of delinquency.

95. In the field of detection of criminal offences, finding and catching the perpetrators and taking them before the competent authorities, maintaining the public order and peace and safety on roads, the police act so as to quickly identify the children and teenagers who have committed offences, in order to prevent them from repeating them, making reports in order to identify the causes for such behaviour. In cooperation with other competent bodies (family, school, social welfare, legal authorities) and by means of adequate measures, they try to direct the minors towards an acceptable course of development.

96. It should be noted that the authorities keep records on different criminal offences related to the violations of the child's rights such as offences against marriage, family or the young, against personal dignity and morality, as well as other criminal offences against children and teenagers. The figures for these specific criminal offences are shown in the table below.

97. In the last three years, the war, destruction and aggression against the Republic of Croatia by the Serbian army and terrorists have caused ineffable violations of rights, especially of the youngest. Many children have been killed, a large number of children have been wounded, some of the children have lost one or both parents and have been driven out of their homes. A detailed list of violations of the rights to life, survival and development respectively is enclosed.

98. From the total of 64,294 criminal offences perpetrated in the Republic of Croatia in 1991, among the 51,167 victims there were 1,083 children and 1,086 minors. In the same period, 1,531 children were injured and 60 children were killed in traffic accidents. In 1992, 91,712 criminal offences were recorded, with 74,252 victims, among whom were 1,418 children and 1,403 minors; 1,999 children were injured and 60 were killed in traffic accidents. In the first nine months of 1993, 57,259 criminal offences were recorded, with 43,899 victims, among whom there were 884 children and 976 minors; 1,332 children were injured and 52 killed in traffic accidents.

99. In order to successfully protect the lives of children in traffic, a comprehensive long-term preventive programme has been initiated by the police in an attempt to protect the lives and health of the children through a variety of measures and activities and in order to raise the children's level of consciousness about traffic safety, and the police do it in cooperation with the preschool institutions, schools and other institutions and agencies.

4. Respect for the views and attitudes of the child (art. 12)

100. The Constitution of the Republic of Croatia guarantees the child, just like any other citizen, freedom of thought and the freedom to express his or her thoughts.

101. The Law on the Primary Education stresses the multipurpose objectives of the children's education, such as encouraging and developing their interest in independence, creativity, a sense of morality, aesthetic taste and criteria, confidence and responsibility towards his or her own self and nature, social, economic and political consciousness, tolerance, capability of cooperation, respect for human achievements and aspirations. Although the realization of these objectives is supposed to ensure a free and comprehensive development of the child, and though being basically a humanist education, the development of a political consciousness might be interpreted as imposing specific political views, which would by no means be in the spirit of the freedom of education of the child and the respect for his or her attitudes and views.

102. The child's right to express his or her own attitudes and wishes is ensured by a large number of legal provisions, being directly protected by the court and administrative proceedings.

103. The Law on Marriage and Family Relations respects the opinion of the child over 10 in the matter of divorce proceedings, if it is not contrary to his or her interest; with respect to his or her wish as to the parent with whom he or she wishes to live after the divorce, it is provided that the competent authority may examine the child in the absence of his or her parents and other parties to the proceedings, with an option of examining the child at a place more convenient than the court premises, even at his or her home. However, the Law does not provide for the possibility for a child to express his or her wishes with respect to having contact with the separated parent or to turn to the competent authority for a change of the decision on the custody or whenever he or she has problems with the parents. Moreover, the attitude of the child over 10 is relevant with respect to his or her agreeing to adoption. In case of adoption, the child over 10 has also to be asked if he or she wants to change his or her last name.

104. As for medical procedures (treatment and transplantation), there are no legal provisions that would make it possible for the child, taking into consideration the level of his or her maturity, to express his or her agreement with some of the medical procedures. The only thing that is stipulated is that parts of the under-age person's body may be taken for transplantation only with the consent of his or her parents or spouse or legal guardian. In case of a transplantation of parts of the human body to a minor, a valid written consent is to be given by his or her parents or spouse or legal guardian. Next time they are amended, the existing incomplete regulations will have to take into account the right of the child to his or her own attitudes in such cases, too.

105. According to the Law on the Personal Name, the change of the personal name (first and last name) requires written consent by a child over 10.

106. According to the Law on Inheritance, a minor over 16 may make a legally effective last will.
D. Civil rights and freedoms
1. Name and citizenship (art. 7)

107. In Croatia, there is a legal obligation to register a child's birth, entering the following data: first and last name, sex, day, month, year and hour of birth, and citizenship. Moreover, the personal data of the child's parents have also to be entered: first and last name (also, mother's maiden name), date and place of birth, citizenship, residence and address. This way, besides updating the records, the identity of the child, and the right to know at any time who his or her parents are, is protected.

108. The obligation to register the newborn child depends on the place where the child was born: if the child was born in a medical institution, then the institution is obliged to make a report. If the child, however, was born outside of a medical institution then the father of the child is obliged to report its birth, i.e. the person in whose apartment the child was born or, finally, the mother when she is able to do it. In any case, the child must be registered with the registrar under the jurisdiction of whose office the place of the child's birth is. The Law also stipulates the time within which the birth is to be reported: 15 days from the day the child was born. Every birth must be reported; this also applies to stillborn children, with a much shorter period of notice: 24 hours from the birth. By the obligation to keep records and enter each birth in the register, the identity of the child is also protected.

109. The right and obligation to use his or her personal name, consisting of the first and the last name, is legally guaranteed to every citizen of the Republic of Croatia. From this right and obligation follows the obligation to give the child his or her personal name and determine his or her last name.

110. The child's personal name is chosen by the parents jointly; as for the last name, the parents may determine that the child gets the last name of one or both parents. In Croatia, children mostly carry the last name of the father. As for the first name, the parents are obliged to choose it jointly; if one of the parents is not alive, the other parent has all parental rights concerning the personal name. If the parents cannot agree on the personal name for the child, if they are not alive or cannot exercise their parental rights, or if they are unknown, the child will be given the personal name by the competent guardianship authority or the person entrusted with the guardianship with the prior consent of the competent guardianship authority. The persons authorized to choose the first and last name for the child are obliged to report it to the competent registrar's office within two months from the date of birth, in order to be properly registered.

111. In case of adoption (see E.7 below) with kinship effect, the personal name is chosen in accordance with the provisions of a special law. The personal name for the adopted child is determined by the adoptive parent; the adoptive parents are registered as the parents of the adopted child. The important fact is that after the adoption with kinship effect it is not permitted to challenge the fatherhood or motherhood. As a rule, the adopted child obtains the last name of the adoptive parent, but there is also the option for the child to retain his or her earlier last name or to add the last name of the adoptive parent to his or her last name.

112. Parents may jointly choose a new name for the child of whom the father has admitted fatherhood before the child turns 18; in this case the parents make a statement for the registrar's record, which is then the basis for registration.

113. According to the provisions of the Law on the Personal Name, every person has the right to change his or her personal name, including the under-age child. The under-age child may change his or her name at the request of the parents or adoptive parents; if they cannot agree, the consent is given by the competent guardianship authority. The child over 10 gives his or her own consent personally. The same regulations apply to the children born out of wedlock whose father has been determined.

114. With regard to the malevolent insinuations about the ostensible change of personal names of the children of Serb origin in the Republic of Croatia, it should be noted that the Law on the Personal Name (in effect since 30 October 1992) enables every person to change his or her personal name. The application must contain the reasons for the change and the proposed new name must justify the change. Moreover, the administrative authority considering the application is to publicly announce on its billboard that such application has been submitted, together with the old and the proposed new name. Every citizen has the right to object to it within 30 days from the public announcement, stating the reasons for which he or she believes the change of the name should not be approved. The justifications for the citizens' objections are surveyed by the administrative authority, when deciding on the application. If the application is found to be justified, the change of the personal name is approved, provided that the administrative authority determines that the new name is not contrary to the rules and customs of the society the person in question lives in.

115. All these provisions of the Law also apply to the procedure for the change of the personal name of an under-age child. The change of the name of an under-age child is, however, regulated by other legal provisions as well. The personal name of an under-age child will be changed at the request of the parents or the adoptive parents, as well as at the request of the legal guardian, with the prior consent of the competent administrative authority. If the parents are not married, the application is submitted by the parent with whom the child lives or to whom he or she has been entrusted, with the consent of the other parent. In the case of the other parent's disagreement with the change of the personal name of the under-age child, the conflict between the parents is to be resolved by the competent administrative authority. The decision by the administrative authority is to be enclosed with the application for the change of name. The competent administrative authority, in reaching its decision, must see to it that the child's interests are protected.

116. Exceptionally, in case the residence of the other parent is unknown or he or she is deprived of the ability to work or parental rights, the change of the personal name of the under-age child does not require the prior decision of the guardianship authority. In case of the change of the personal name of the under-age child over 10, his or her consent is required.

117. With regard to the change of the personal name of the under-age child, we especially note that with the above-mentioned provisions there can be no eradication or loss of identity. This assumption is supported by the provisions of the Law on the Register of Births, Deaths and Marriages which is closely connected with the realization of the change of the personal name, since a person may legally use his or her new name from the date of entry in the register. This means that any change of the personal name, regardless of whether the person in question is of age or under-age, is to be entered in the register. No data entered in the official registers can be erased and they always remain available. Moreover, the Law provides for the possibility of issuing registrar's certificates as permanently valid documents containing all the data entered in the register until the moment of issuance, meaning that the certificate will always bear the note on the change of the personal name. Therefore, both the persons who are of age and under-age children are protected against eradication or loss of identity.

118. Since the Constitution of the Republic of Croatia provides for the equality of all citizens, regardless of their ethnic origin, when applying for a change of the personal name, they are not requested to state their ethnic origin, so the data on the applications considered are not sorted out according to the ethnic criterion. For this reason it cannot be maintained that the applications for a change of the personal names for the Serb children are exclusively motivated by the ethnic reasons. Also, no records are kept on the reasons for changing the personal name, so it cannot be maintained that Serb children are under more pressure than Croatians.

119. With regard to the data about the change of the personal name, the period between 1990 and 1 November 1993 has been studied, i.e. the last three years of the effective application of the old law and the first year of the effective application of the new Law on the Personal Name. From the collected data on the number of the applications for the change of the personal name the following can be seen:

(a) In 1990 there were 4,752 applications, of which 589 for under-age children. Of the total number of applications 4,615 were approved (574 for under-age children), whereas 137 applications were rejected (15 for under-age children);

(b) In 1991 there were 6,418 applications (908 for under-age children), with 6,270 applications approved (881 for under-age children) and 148 rejected (27 for the under-age children);

(c) In 1992 there were 14,616 applications (1,523 for under-age children), with 14,378 applications approved (1,439 for the under-age children) and 238 rejected (84 for under-age children);

(d) From 1 November 1992 until 1 November 1993 there were 9,253 applications (1,164 for under-age children), with 9,117 applications approved (1,133 for under-age children) and 136 rejected (31 for under-age children).

The one year of the application of the new Law on the Personal Name points to the substantially decreased number of applications as compared with 1992 (incomplete: 11 months): the total number of applications went down by 36 per cent.

120. As for the right to citizenship, the Law on Croatian Citizenship is based on the principle of origin, although a child may acquire Croatian citizenship in other ways, too. Pursuant to this, the basic principle is the citizenship of the child's parents: if the parents are Croatian citizens, the child acquires Croatian citizenship.

121. A child in the Republic of Croatia may acquire Croatian citizenship by origin in various cases: if both parents are Croatian citizens at the moment the child is born; if one of the child's parents is a Croatian citizen at the moment the child is born in Croatia; if the child is born abroad with one of the parents being a Croatian citizen at the moment of the child's birth, and the other parent is stateless or of unknown citizenship; if the child was adopted by Croatian citizens with kinship effect, regardless of whether the child has foreign or no citizenship; if the child is born abroad and one of the parents was a Croatian citizen at the moment of the child's birth, provided that the child is reported - abroad or in the Republic of Croatia -for registration with the competent authority as a Croatian citizen by the time he or she turns 18, or if the child comes to live in the Republic of Croatia, in which case he or she is considered a Croatian citizen from the moment of his or her birth. The child also has the right to be a Croatian citizen if it was born or found on the territory of the Republic of Croatia, and both of its parents were unknown or of unknown citizenship or stateless. In such case, if it subsequently - until the child is 14 - turns out that both the child's parents are foreign citizens, the child's Croatian citizenship, acquired under the incorrect assumption of origin, will be terminated.

122. Beside acquiring Croatian citizenship by origin, children may acquire it by naturalization. The children of Croatian emigrants are entitled to it.

123. Besides acquiring Croatian citizenship, children may also lose it under certain conditions. The child's citizenship may end by termination if requested by both parents whose citizenship has ended by termination, or if the citizenship of one of the parents has ended by termination and the other already is a foreign citizen. In the sense of these provisions of the Law, the child is a person under 18. The Croatian citizenship of the child adopted by foreign citizens with kinship effect before the child turned 18 will be terminated upon the request of the adoptive parents.

124. The child's citizenship may also end by renunciation. This is possible when requested by the parents whose citizenship has also ended by renunciation, or if the citizenship of one of the parents has ended this way while the other parent already is a foreign citizen. If the child was adopted with kinship effect by foreign citizens, his or her citizenship may also end by renunciation at the request of the adoptive parents. Here, too, the child is a person under 18.

125. However, when the child loses Croatian citizenship in any of the above-mentioned ways, i.e. by termination or renunciation, he or she may again acquire it after coming of age, provided that he or she is a resident of the Republic of Croatia and makes a written statement that he or she considers him or herself to be a Croatian citizen. These two conditions must be fulfilled at the same time. It is especially important that although for the minor, i.e. the person under 18, the application for citizenship, or the written statement that the child considers himself or herself to be a Croatian citizen, is submitted by a parent, acquiring or terminating the child's citizenship requires the child's consent if the child is over 14.

126. With regard to the child's right to know who his parents are, the following principles may be mentioned: there is never any controversy about the mother of the child - the woman who gave birth to the child is considered to be his or her mother. When the child is born within wedlock, then the legal assumption is that the mother's husband is the father of the child. The law clearly determines who is to be considered the father of the child in case of controversy. Thus, in the case that the child was born out of wedlock, the person who admits to the fatherhood will be considered the father, or the person whose fatherhood is determined by a court decision. The law also provides for the under-age persons over 16 to admit to fatherhood, but only if they are capable of understanding the meaning of their admission. The law stipulates that the admission of fatherhood is irrevocable. If the child is over 16, his or her consent to the admitted fatherhood is required along with the mother's consent. Moreover, the child is entitled to legal action for determining who his father is.
2. Preservation of identity (art. 8)

127. For the purpose of the preservation of identity of a person (and thus of the child, as well) the Law on Croatian Citizenship contains provisions which make it possible to retain or acquire Croatian citizenship in order to avoid statelessness.

128. Concerning the child's right to a name (see D.1 above), legal provisions have been stated referring to the preservation of identity, with the child's interest as the most relevant criterion.

129. For the purpose of the preservation of the child's identity, the family legislation prescribes that the data contained in the adoption files are classified information. Access to these files may be accorded only to the adoptive parents, the adopted child after turning 18 and to the parents of the child. However, the parents may be denied access in certain cases defined by the law. No indicators are available as to what extent adopted children are exercising this right or whether their right is violated in any way.

130. As a modern legal instrument, the Law on the Birth, Death and Marriage Registers provides for the possibility that a person may also obtain a certificate for some of the facts of his or her personal status.

131. In the field of medical regulations the legislator, however, failed to provide for the child conceived by artificial insemination who at a certain level of maturity seeks to identify his or her father by gaining access to the medical institution's files.
3. Freedom of speech (art. 13)

132. All rights and freedoms apply to all the citizens of the Republic of Croatia, regardless of their race, colour, sex, language, religion, ethnic or social origin, property, birth, education, social status or any other properties, and they are equally exercised by children and adults.

133. The Constitution of the Republic of Croatia, with respect to the State and society, guarantees the right to freedom of thought and expression of thoughts by speech, writing, pictures or in any other way. The right to freedom of information, i.e. the freedom to receive and give information and the right to be generally informed about the opinions of others, is guaranteed to every citizen. The freedom of the expression of thoughts refers especially to the freedom of the press and other media. Censorship is forbidden. Journalists have the right to report freely and have free access to information. Anyone whose constitutionally provided right was violated by public notice is guaranteed the right to rectification.

134. Members of all ethnic communities and minorities are guaranteed the right to the expression of their ethnic origin, the free use of their language and script, as well as the cultural autonomy.

135. These freedoms and rights may be qualified by law only in order to protect the freedoms and rights of other people and the legal order, public morality and health. In time of war or imminent threat to the independence and unity of the Republic, as well as large-scale natural disasters, individual constitutionally guaranteed freedoms and rights may be qualified. The Parliament decides on this by a two-thirds majority vote of all MPs; if the Parliament cannot sit, the decision rests with the President of the Republic. The scope of the qualification must be appropriate to the nature of the danger and can result in the inequality of citizens with regard to their race, colour, sex, language, religion, national or social origin. However, not even in the case of imminent threat to the existence of the State may the application of the constitutional provision about the right to life, the prohibition of torture, cruel or humiliating treatment or punishment, the legal definition of criminal offences and punishment, and the freedom of thought, conscience and religion be qualified.

136. The criminal legislation punishes the revelation of State and military secrets, for the sake of protection of the most important State interests.

137. Within the framework of public child care, the State pays special attention to children's freedom of expression. To this purpose various workshops in the preschool institutions and schools are formed to enable children to assert themselves. Thus, there are musical, art, drama, sports, environmentalist, informatics and other workshops. In Croatia there are also some preschool institutions, e.g. the Waldorf kindergartens, in which children's freedom of expression is specially cultivated.

138. With regard to the cultural tradition and the European orientation, much attention is paid to the teaching of foreign languages to the children. In all schools children can learn foreign languages and acquire additional knowledge of other cultures and peoples. This opportunity for expression is extensively made use of, so that the children in towns learn two foreign languages on the average.

139. In parallel, there are a number of associations supporting different aspects of the child's right to freedom of expression. There are various art workshops, environmentalist patrols, modelling workshops, musical workshops, SOS-Phone for children ("Blue Phone"), scouts, puppet theatre groups.
4. Access to adequate information (art. 17)

140. The Media Law stipulates that the media are free. This includes freedom to express thoughts; gather; search for, publish, disseminate and receive information, as well as the freedom to establish publishing companies, newspapers, broadcasting stations and film companies.

141. Every citizen, including children, has the right to the protection of his or her privacy, except in the cases directly connected to their public activity.

142. The Government is obliged to support financially the publishing and other media activity in the languages and script of the ethnic and national communities or minorities, as well as provide for the information needs of persons with special needs (the blind) and members of other social and cultural groups.

143. For the purpose of providing better information for children, there are a large number of children's libraries (it should be noted that some of them, e.g. in Vinkovci and Slavonski Brod, have been burnt to the ground in the war).

144. In Croatia there is a developed publishing activity in the field of children's literature; such books are exempt from sales tax. Although the Constitution stipulates that primary school education is free of charge, in reality the parents and society in general encounter the problem of expensive textbooks. For some school children it is financially difficult to obtain textbooks, so the Government makes it possible for the poor to get free textbooks.

145. In accordance with article 17 (e) written and broadcast warnings for children (and adults) have recently been introduced as to the hazards of the use of certain products (e.g. cigarettes). At the moment there is still no fully fledged programme for the protection of children from information and material injurious to their well-being, so that the actions taken are only occasional.

146. It has been made possible for the children of the minority communities to express themselves in their own language (see H.4).

147. The Croatian Radio-Television (the State broadcasting company) broadcasts special children's daily programmes with educational, information, competition and entertainment features. Especially interesting and educational are the live shows which make it possible for the children to express their opinions on certain phenomena directly concerning them (e.g. the shows about children's relations with their parents, nature, etc.).
5. Freedom of thought, conscience and religion (art. 14)

148. The constitutional provision with respect to article 14 gives all citizens equal rights and freedoms regardless of their religion. The Constitution guarantees freedom of thought and expression of thoughts, freedom of conscience and religion and the free public manifestation of faith or any other belief. Accordingly, children also have the right to freedom of thought, conscience and religion.

149. According to the Constitution, all religious communities are equal before the law and separated from the State. Religious communities are free to publicly perform their religious service, establish schools, academies and other institutions, as well as social and welfare institutions, and run them in conformity with the law, enjoying in their activity protection and support by the Government.

150. With respect to the fact that there is a smaller number of non-Catholic citizens, it is legally provided for them to celebrate their major religious holidays by staying off from work that day at full pay, which also is an expression of equality of all citizens and respect for all religions.

151. The Ministry of Culture and Education cooperates with the religious communities, who have submitted their curricula proposals for the teaching of their catechisms to the pupils who belong to the respective religious communities. The proposed curricula are approved by the Ministry and published in the media. The teaching of catechism is the competence of the respective religious communities (Catholic, Orthodox and Muslim). It takes place twice a week, each time for an hour. The teachers are priests, lay persons or nuns. Catechism is an elective subject. Having taken it once, however, the pupil cannot give it up before the end of the school year. The pupil gets his or her grade which is included in the calculation of the overall performance. The decision to take the religious subject is free. In the primary school a parent makes a written statement about it, whereas in the secondary school both the parent and pupil make their statements. It is possible to give up the subject at the beginning of a new school year by an oral statement to the form master, without further explanation. Catechism may be taught at kindergartens if the parents want it. Moreover, the Catholic Church has opened a larger number of its own kindergartens.

152. According to the Constitution, parents have a special role and importance in raising their children, being absolutely free to choose the way of bringing up their children. From this it follows that the parents decide to which religion the child is to belong and how the child is going to be brought up (in the religious or atheist spirit), i.e. they decide on whether their child is to be religiously educated or not). Certain criticism may be addressed to the lack of opportunity for the child who has reached a certain degree of maturity to express his or her own will with respect to changing his or her religion or giving up religious education classes, or to become an adherent of a certain religion. The authorities intervene only if the child's interests are threatened.

153. Given the extent of the destruction of religious premises during the war in Croatia, congregations in some regions, including the children, cannot practise their faith.
6. Freedom of association and peaceful assembly (art. 15)

154. The Constitution of the Republic of Croatia guarantees the citizens of the Republic the right to free association for the protection of their interests or for the promotion of their social, economic, political, national, cultural or any other beliefs and goals, to which end the citizens may freely establish political parties, unions and other associations, as well as join or leave them.

155. According to the Law on Social Organizations and Citizens' Associations, a minimum of 10 citizens of the Republic of Croatia who are of age may establish a citizens' association; foreigners may do the same exceptionally, under the conditions prescribed by law. The association of citizens is free and voluntary. The activity of a citizens' association is public, and it is independent in pursuing its statutory objectives and goals. The association must have its statute by which it independently regulates who can become a member, the rights and obligations of its members and their participation in managing the association.

156. Although only citizens who are of age may establish citizens' associations, there is no legally set age limit for membership, so that in the Republic of Croatia children and young people are members of many associations, even having the opportunity to participate in managing them where such an opportunity is provided for by the association's statute. For instance, the Statute of the Union of the Scouts of Croatia makes it possible for a child from the age of 8 on to become a member; from the age of 11 on the child may become a member of the body managing the association and participate in the decision-making. The young people in the Republic of Croatia are free to establish their own associations, unions and the like (see D.3 above), having a special status in this capacity. The Government of the Republic of Croatia has established the Youth Council with the task of systematically following all the issues and problems of young people and to coordinate the activities of the administrative authorities, and other authorities, organizations and legal persons for submitting proposals and implementing the decisions of the Government in this field. Besides this, in the Republic of Croatia many associations whose basic goal is to care for children and young people have been established and active.

157. The Criminal Law stipulates punishment of up to one year for preventing or hindering a public assembly to which the citizens are entitled by law.
7. Protection of privacy (art. 16)

158. One of the basic principles of democracy and a constitutional provision is that no person - be it a child or an adult - may be subjected to the interference with the right contained in article 16 of the Convention. One of the constitutional provisions is that every citizen is guaranteed respect for and legal protection of his or her private and family life. The Constitution contains provisions against the search of houses and confidential mail, etc. These rights may only be qualified by law under the conditions identical to those described in article 15, paragraph 2 of the Convention. The constitutionally guaranteed protection is the basis for regulating acts of interference with the private or family life of the individual. Such protection is described in the regulations of the Law on Criminal Procedure with regard to house search and related matters.

159. For the purpose of the protection of the child's integrity, the family legislation prescribes the secrecy of the adoption procedure and the lawsuits concerning the origin of the child.
8. The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment (art. 37(a))

160. The Constitution of the Republic of Croatia guarantees every human being the right to life. The Constitution prescribes that no one may be subjected to any form of abuse or - without his or her consent - to medical or scientific experiments. Forced or compulsory labour (including that of children) is forbidden. Any action contrary to these stipulations is penalized by the criminal legislation.

161. In the Republic of Croatia there is no death penalty or life imprisonment. This is a general rule and applies to both adult and under-age perpetrators of criminal offences. Educational measures for under-age perpetrators are regulated separately and stipulated in such a way as to take their age into account.

162. Only a lawyer may defend a minor at a court of law. In the case of testimony about circumstances necessary for determining the mental maturity of a minor, knowledge of his or her personality and the State he or she lives in, no one may be exempt from the obligation to testify.

163. In accordance with the provisions of the Criminal Law of the Republic of Croatia and the conditions prescribed by the Law, the following criminal sanctions may be applied to under-age offenders: correctional measures, imprisonment for minors under the conditions determined by law, obligatory psychiatric treatment and confinement in a medical institution (compulsory treatment of alcoholics and drug addicts, taking away objects and of expelling a foreigner from the country.

164. The Basic Criminal Law of the Republic of Croatia points out that the purpose of correctional measures and imprisonment for minors is specifically to protect and help under-age offenders by supervising and professionally training them and developing their personal responsibility in order to ensure their education, reformation and correct development. Besides, the purpose of imprisonment for minors is to influence under-age offenders so as not to perpetrate any more criminal offences and to deter other minors from perpetrating them. The Criminal Law of the Republic of Croatia prescribes the kinds of correction measures and the circumstances relevant for the decision to apply them.

165. Observing the principle of individualization as one of the basic principles of the court proceedings for minors, the court will take into account the age of the minor, the level of his mental maturity, his psychological characteristics, inclinations, the motivation for the deed, the way he or she was brought up, how grave the offence is, whether he or she already has a record. In connection with this and along with the disciplinary measures and tighter supervision, the court - under the provisions of the Criminal Law of the Republic of Croatia - may also decide on sending the minor to a correctional home if it judges that the education and reform of the minor is not to be achieved without taking him or her completely away from his usual surroundings.

166. The Basic Criminal Law of the Republic of Croatia stipulates that the age limit for criminal responsibility is from 14 on, explicitly stating the age at which the court may decide on certain correction measures including, exceptionally, imprisonment. Thus, the minor who was over 14 but not yet 16 (junior minor) at the time when he or she perpetrated the criminal offence may be sentenced only to correctional measures, while the minor who was over 16 but under 18 at the time he or she perpetrated the criminal offence may be sentenced to correctional measures and, exceptionally, to imprisonment.

167. According to the criminal legislation of the Republic of Croatia, the Ministry of Labour and Social Welfare and the Ministry of Justice are entrusted with carrying out sentences against minors. The Ministry of Justice is authorized only to carry out the measure of sending the minor to a correctional home for the imprisonment for minors, while the Ministry of Labour and Social Welfare is authorized to carry out the other disciplinary correctional measures, the measure of tighter supervision and the measure of sending the minor to a correctional home within the jurisdiction of the Ministry.

168. The rights and obligations of the under-age offenders during their time at a correctional home or during the imprisonment for minors, their legal status, the types of penal institutions or homes in which the sentence may be carried out, the kind of professional personnel carrying out the sentence, the way the under-age offenders are treated and the authorities that supervise the legality in carrying out the sentence are provided by the Law on Carrying Out the Sanctions for Criminal and Economic Offences and Violations, as well as by the subordinate legislation related to it.

169. In accordance with the provisions of the above-mentioned Law, the correctional measure of sending a minor to a correctional home is to be carried out in an institution established for this purpose only, separately from other detainees. In the Republic of Croatia there have been established two correctional homes for under-age offenders, one for each sex. The treatment methods have been developed in accordance with the security criteria and they are gradual, meaning that the freedom of movement for the under-age offender serving his or her sentence depends on the progress in his or her work and behaviour. These homes are of a semi-open kind, in which the degree of promoting the acceptable, i.e. suppressing the unacceptable, behaviour is determined by the internal organization and rules of procedure. The under-age offenders are treated on the basis of the international standards adjusted to the purpose of the correctional measure, meaning that certain rights are legally guaranteed to the under-age offenders serving their sentence. These rights are: the right to receive education and have school vacations, the right to legal counsel and assistance, the right to medical help and hospital treatment, the right to adequate nourishment, the right to work and be paid for it as well as for the time he or she cannot work on account of illness related to the work, the right to vacations (if working), the right to eight hours of rest a day and the free weekend, the right to unrestricted written communication with the members of his or her family and other persons who are judged as not having bad influence on the under-age offenders, as well as the right to satisfy religious needs.

170. The under-age offender has the right to submit complaints about his or her treatment to the principal of the institution, who is obliged to carefully study them and make a written decision on them. If the under-age offender has not received a reply to the complaint he or she submitted, or if he or she is not satisfied with the decision, he or she has the right to submit, through the management of the institution, a written complaint to the Ministry of Justice as the supervising body.

171. The under-age offender may, according to the institution's Internal Order Rules, be visited by the family members as well as other persons judged as not having bad influence on him or her. Moreover, they may receive parcels of non-perishable foodstuffs, personal items, printed matter and money orders. The under-age offenders may be visited every week in accordance with the schedule of the institution, or at some other time in case of emergency. The under-age offenders are allowed weekly phone calls, or more frequently, in case of an emergency. Besides the members of the family, the under-age offenders are permitted to have permanent contact with all the authorities related to carrying out the correctional measure or supervising it. The Law provides for the obligation of the social welfare agency to priority assistance to the under-age offender in order to cover his or her basic needs after his or her release from the institution.

172. During the visit by the family members the personnel of the institution is obliged to give them any information concerning the treatment of the under-age offender. In the course of the year the management of the institution is obliged to organize meetings with the parents and on that occasion inform the parents or the legal guardian of the results of the correctional measures and the ways in which the family can contribute to making it better.

173. Maintaining health and allowing the correct psycho-physical development through sports belong to the treatment of the under-age offenders, so the building of sports facilities within the correctional homes is a standard that must be observed.

174. The security service is in charge of keeping order inside the correctional home and securing it on the outside. The employees of this service are not permitted to keep and carry arms within the correctional home. The use of firearms against the under-age offenders is permitted only if the under-age offender through his or her behaviour beyond any doubt endangers the lives of people. The security service employees are obliged to make a written report to the principal of the institution about any use of force; in serious cases the report is to be made to the competent department of the Ministry of Justice. When escorting the under-age offender to the court or for the purpose of any other escorting outside of the institution that by its very nature cannot be done by the employees of the institution, the security service employees are obliged to wear civilian clothes so as to limit the injury to the dignity of the under-age offender.

175. Isolation of the under-age offenders or punishment by solitary confinement is forbidden by law. The severest disciplinary sanction for the under-age offender may be seclusion in a separate room for up to seven days, but even then the under-age offender is included in the daily schedule of the community.

176. The Law provides for awards to the under-age offenders for good performance at school or the workplace and for exemplary behaviour. Awards and commendations belong to the measures meant to encourage the correct behaviour of the under-age offenders through the privilege of free visits to the town centre, exhibitions, the disposing of his or her money and the like.

177. In order to achieve the purpose of the correctional measure the Law prescribes the standards of treatment of the under-age offenders according to which each employee of the institution works with a group of up to 15 under-age offenders With regard to the high demands and complexity of the job, the expertise of the personnel is of exceptional importance. For this reason the preferred choice for the employees are experts educated, in the liberal arts: psychologists, social workers and pedagogues.

178. The Law on Carrying out the Sanctions for Criminal and Economic Offences and Violations provides for the obligation of the court which passed the sentence to supervise its implementation as well. According to the Law, the correctional home is obliged to report to the court and the guardianship agency every six months - or anytime the court requests it - about the results of the application of the correctional measure. In order to achieve the purpose of the correctional measure the correctional home shall request the guardianship agency to submit the programme of measures and actions which are to be implemented within the family of the under-age offender simultaneously with the implementation of the correctional measure. Regular reports to the court and the guardianship agency are to be made in order to follow the course of the implementation of the correctional measure, and they are obligatory for the court in deciding on the suspension of the correctional measure or its replacement by an easier one. According to the provision of the Criminal Law of the Republic of Croatia, the court may release the under-age offender from the correctional home on parole, provided that he spends at least one of the maximum five years this correctional measure can last in the home.

179. The Law stipulates that the under-age offender may be detained in the correctional home until his twenty-third year at the most. Exceptionally, the under-age offender may continue to serve his or her time at the home even after attaining the age of 23 if it is necessary to complete his or her education.

180. The Basic Criminal Law of the Republic of Croatia stipulates that punishment by the imprisonment for minors may be applied only to the senior minor who has perpetrated a criminal offence for which a punishment of more than five years is foreseen by law, whereas on account of the grave consequences and high degree of criminal responsibility it would not be justified to only sentence him or her to a correction measure. This punishment cannot last for less than a year or more than 10 years. Having served one third of the time, but not less than a year, the under-age offender may - under the conditions stipulated by law - be released on parole.

181. The Criminal Law of the Republic of Croatia and the Law on Carrying Out
the Sanctions for Criminal and Economic Offences and Violations stipulate that the punishment by imprisonment for minors is to be carried out in a penal institution or correctional home for the under-age offenders separately from other convicts, i.e. in a special ward for under-age offenders of the open or semi-open type institution. The Penal Law of the Republic of Croatia, in the section dealing with the treatment of minors sentenced to imprisonment, provides for the treatment that is suited to the development of the under-age offender's personality and enables the under-age offender to live normally after serving his or her time. Accordingly, the relevant regulations differ only slightly from those concerning the treatment of the under-age offenders sentenced to the correctional measure in a correctional home.

182. For carrying out the punishment by imprisonment the same rights are provided to the under-age convicts as for the under-age persons sent to correctional homes to serve the time of the correctional measure, with an essential difference as to the punishing of indiscipline. In the treatment of these under-age offenders the severest disciplinary punishment is solitary confinement, but only for seven days at the most and with daily medical supervision.

183. The Criminal Law also prescribes the obligation to work for the under-age offenders punished by imprisonment. However, assignment to various kinds of work depends on the psychological and physical abilities of the under-age offender, his or her expressed interests and the objective ability of the penal institution to make provisions for such work.

184. The education, keeping in touch with one's family and developing the feeling of responsibility through adopting the models of constructive life within the human community, as well as the observance of the general human values, are in the focus of the treatment of the under-age convicts. This is the way to maintain the psychological stability of the under-age offenders, which is gaining in significance by being primarily oriented towards the non-penal environment and preparing the under-age offender to be painlessly included in normal life again.

185. The fact is that the legal status of the under-age criminal offenders, as regulated by the criminal legislation of the Republic of Croatia, is in collision with the special status of the under-age offenders according to the Penal Law. The purpose of the measures and the principles provided by the legislator as the basics of the court proceedings and treatment of the minors after the verdict are very much in contradiction with the repressive nature of the Penal Law. The promotion of the principles of opportuneness, subsidiarity and individualization in the court proceedings and execution of the sanctions against the under-age offenders, is not new in the penal legislation of the Republic of Croatia. What is more, it is the result of decades-long experience in dealing with this matter from the aspect of the Criminal Law. In each reform of the Croatian criminal legislation since the beginning of the century special attention has been paid to these issues. In the attempt to emphasize responsibility, which is advocated by Croatia in regulating the legal status of the under-age criminal offenders, we must note that the special status of the under-age offenders is regulated in all the phases of the court proceedings as well as in the execution of the sanctions. By the amendments to the existing Criminal Law and the Law of Criminal Procedure, the relevant international standards have been followed. The remaining task would consequently be to unite all the penal provisions related to the under-age offenders and young offenders who are of age in single regulation on the one hand, achieving the same standard of quality in carrying out the court decisions on the other, i.e. in the application of the prescribed treatment of the under-age offenders during the execution of the criminal sanctions.

186. The knowledge of the need for the statutory regulation of the special status of young persons within the Penal Law must, therefore, be followed by the knowledge that the penal procedure against the under-age persons ends only after the young person is released from the penal institution. For this reason all the inputs in the legislation should be followed by permanent inputs in achieving the international sanction execution standards. The prescribed purpose of the correctional measures and the imprisonment for minors may only be achieved if the material and professional bases are provided.

187. Modern methods of treatment of the offenders insist on their categorization according to their various properties. The age of the offender is only one of the elements of categorization, for which the Croatian penal practice has developed appropriate procedures. Defects may be noted with respect to the implementation of the treatment programmes for the various offender groups such as drug addicts, psychopaths and mentally disturbed offenders. With regard to the fact that the court takes these mental states into account in making decisions on the kind and severity of the sanctions and may even sentence the offender to an adequate security measure, the task of the system of the execution of sanctions should be to prepare the facilities and train the personnel for the appropriate implementation of the court decisions. In the case of under-age criminal offenders this ought to become a priority, since the available statistics indicate an ever greater problem of young addicts who perpetrate criminal offences under the influence of drugs or in order to procure the money to buy them.
E. Family environment and alternative care
1. Parental guidance (art. 5)

188. Under the Constitution, parents have the duty to bring up, support and school their children, while the Law on Marriage and Family Relations provides for the parents' right to take care of the personality rights and interests of their children. Considerable attention has been paid to upbringing and taking care of children, since parents are considered to be the most qualified persons to ensure a harmonious upbringing of the child. Parents are legal representatives of the child and have both the duty and the right to take care of the personality, rights and interests of their children, regardless of where these interests need to be protected, including legal and administrative proceedings. Parents need to exercise their right to take care of the child in order to secure his or her successful physical and mental development, i.e. healthy and harmonious development, and prepare him or her for independent life. Within the framework of ensuring the child's care and upbringing, legal provisions are very strict in a sense that, in order to protect the interests of the child, they forbid parents to leave a preschool child alone without adult supervision. The role of the parents is also stressed by their legal responsibility to attend consultations with school teachers.

189. Besides the above-mentioned, parents have the legal responsibility to represent their children, to take care of children's property and to support them. The restrictions on parental guidance are regulated strictly by the law and are implemented by competent bodies but only with the child's best interests in view.

190. Decisions on measures for protection of the personal and property interests of children are made by social welfare services or by a court. Parents are entitled to legal protection when a third person keeps their child in a unauthorized manner. The law stipulates that if parents treat their children in a way that is contrary to the children's interests, social welfare services intervene by meting out appropriate protection measures of family law and, when the legal provisions are fulfilled, parental guidance is replaced with guardianship.

191. With a view to providing parents with professional assistance in order to bring up their children harmoniously, the Law on Social Welfare provides for the possibility of establishing guidance centres for providing assistance to parents of disabled children, parents of children with deviant behaviour, etc.
2. Responsibility of parents (art. 18, paras. 1 and 2)

192. The responsibility of parents to bring up their children and ensure the right of the child to a full and harmonious development is set forth in the Constitution. Although parents-children relations are still regulated by the legal institution of parental rights, the constitutional provision on parents' responsibility for their children has led to some changes of legal provisions directed towards a modern legal treatment of these relations. Although this legal institution is outdated, some of its aspects contain modern provisions. For example, parental rights belong to both father and mother who exercise them equally and by consent.

193. The parent cannot relinquish the exercise of parental rights; parental rights can be limited or waived only in cases stipulated by law. These rights belong to the parents (mother and father if married, or extramarital father after establishing his paternity) from the date the child was born. The law does not provide for the possibility for children to seek, of their own initiative, protection from their parents before competent bodies (above all guardianship authorities); therefore, while amending this part of the family legislation, these requests, as well as the changes regarding the rights of the child and the responsibility of parents, should be taken into account. In practice, social welfare services, in order to protect the interests of the child, respond to children's reports and information against their parents by meting out appropriate family law measures.

194. Under family legislation, parents continue to take care of the child's upbringing in case of divorce, annulment of marriage or separation of parents. The parent to whom the custody and upbringing of the child is not awarded has the right to lodge a complaint to the guardianship agency in order to reverse the decision; this parent also has the right to lodge a complaint when he or she does not approve of the other parent's treatment of the child.

195. The law guarantees the parent who lives separately the right to maintain personal contacts with the child. The decision on the form of personal contacts has to correspond with the child's interests, regardless of whether parents have consented to it or the decision is made by the competent body. What such treatment of this matter lacks is the possibility for a child, at least one capable of understanding the situation, to express his or her wishes or initiate proceedings to reverse the decision before a competent body.

196. In practice, problems derive from the fact that the legal system does not provide for the institution of common responsibility of parents after the termination of marriage; instead, custody is awarded to one of the parents (mostly mothers) which results in further problems (maintenance of personal contacts, the care for upbringing and development of the child, support, etc.). It can be said in general that the problems connected with awarding custody to one of the parents and maintaining personal contacts arise when parents cannot reach a consensus on the welfare of their mutual children. Sometimes it is possible to solve the problem prior to the legal divorce proceedings (the so-called conciliation of spouses), when a social worker, psychologist and lawyer have to find a solution that is most favourable for the child. In any case, the decision by the competent body (guardianship authority or the court) must correspond with the child's interests. Therefore, prior to making a decision, the court has to ask the guardianship authority for expertise, and examine all the circumstances concerning both parents, the child's interests being the key criteria, regardless of the agreement between the parents. It is possible to grant custody to a third person or institution if the parents are found not to be fit. However, parents continue to be the legal representatives and supporters of the child if they meet the legal provisions.

197. Croatia has a fully established social security system ensuring considerable benefits for pregnant women and mothers. Although there are very favourable legal provisions, problems derive from financial difficulties which Croatia has been facing for several years now. Under the law, a pregnant woman must not work at difficult and hazardous jobs nor on the night shift. The pregnant woman has to go on compulsory maternity leave at least 28 days before the childbirth, and this compulsory maternity leave lasts until the baby is 6 months old. The mother can prolong her maternity leave for another 6 months. During the first 6 months, she is entitled to the full amount of her salary as well as to all the privileges resulting from social, health and old-age pension insurance (she is entitled to these privileges during the additional 6 months of the maternity leave as well). The mother can, if she so wishes, be absent from her workplace (without salary compensation) until the child is 3 years old; however, if she has a child with special needs, she is also entitled to salary compensation during this period. Parents of handicapped children are entitled to shorter working hours (half of the working hours) and to salary compensation for the other half of the working hours. Parents who adopt a child are entitled to a 270 days' leave if they adopt a child under 7. The father can go on maternity leave instead of the mother if she abandons the child, died, or is not able to look after the child. The father is also entitled to take additional maternity leave (i.e. after the first 6 months after the birth) if he has so agreed with the mother.

198. The Law on Health Insurance provides for the possibility for the parent to be absent from work in case of the child's illness, while the duration of the absence depends on how serious the illness is and the age of the child (infra, F.3).

199. The State helps parents and legal guardians in exercising their parental role. This help comprises social welfare, allowances and privileges. There is a very wide network of institutions providing care for healthy children (infant nurseries, kindergartens and similar institutions) as well as for disabled children, which are at the local level financially supported by the State. There is the possibility of a whole-day or half-day stay in infant nurseries, kindergartens and the first four grades of elementary school so that children of working parents are provided with full and appropriate care and protection.
3. Separation from parents (art. 9)

200. In Croatian legislation there are two laws on the basis of which a child can be separated from his or her parents: the Law on Social Welfare and the Law on Marriage and Family Relations. On the basis of the Law on Social Welfare, children can be separated from their parents and placed in social welfare institutions or foster families with their parents' consent. The usual reasons for separating children from their parents is low income or illness due to which parents are not able to take care of their children properly. Such separation can be either temporary (until the situation is improved) or permanent. The parents' right to visit their children and take them home for holidays and vacations cannot be limited (there is no legal basis for that). Usually, these visits are regular shortly after the separation, but become less and less frequent as time passes and only rarely are maintained on regular basis. The State can initiate, through social welfare services, proceedings against parents who do not visit their children, and mete out measures stipulated by the law, because to fail to maintain contacts with children is a violation of the right of the child to contacts with parents, guaranteed by the provisions of the family law.

201. Upbringing of children and meeting their basic needs is, above all, the parents' responsibility (under the provisions of the Constitution and family legislation). Parents (natural and adoptive) enjoy, under the law, parental rights on the basis of which they are responsible for looking after the child and his or her upbringing, representation, managing the child's property and support. If the child is left without the parents' care, a legal guardian appointed and supervised by the social welfare service becomes responsible for the child. The legal guardian can be replaced at any time either at his or her own request or on the basis of the decision by the social welfare service (ex officio). The exercising of parents' parental rights can be limited or taken away on the basis of a decision by the competent authorities (administrative or legal). The reasons for taking such measures are connected with the constitutional principle of the special protection of the child by the State and the legal principle of the child's best interests.

202. Children can be separated from their parents on two grounds: social legislation and family legislation. The first measure is implemented if parents considerably neglect the child's upbringing. In such cases parents lose their right to take care of and bring up the child, and another person or institution is granted custody. It is not stipulated by the law that, prior to meting out the measure, the child needs to express his or her views nor is the duration of this measure specified by the law. The second measure is taken when the child exhibits deviant behaviour, and is meted out either at parents' request or ex officio (if parents do not realize that they have a bad influence on the child). The child is placed in a correctional institution but only when it is not possible to bring up or reform the child in his or her own home or in some other family. The law does not stipulate the duration of this measure nor provides for periodical checks of its effectiveness. Due to the limited possibilities for finding appropriate families (especially in the last three years of the war against Croatia), children have actually been very rarely separated from their own families.

203. Although both measures of limited parents' right to bring up their children are meted out without a previous court decision, parents have the right to initiate, after the administrative proceedings (of first and second instances) a special legal suit (before the Administrative Court) is they think that the measures meted out by the social welfare service are not justified.

204. The court is competent to deprive parents of parental rights if they abuse their parental rights or considerably neglect their parental duties. In such a case parents are denied all the rights (except the duty to support the child) and, under the law, the procedure for adopting the child can be initiated without the parents' consent.

205. A child's parents (married or extramarital) who live separately can either agree with whom the child will continue to live or can consent to entrusting the child to another person; this person has to meet the requirements stipulated for guardians. The child has the right to meetings with his or her parent who lives separately; however, if the parent with whom the child lives is opposed to these meetings, the dispute is settled by the social welfare services. Limitations or prohibitions of personal contacts (visits, summer and winter holidays, etc.) may be imposed only to protect the child's health or his or her other vital interests.

206. When taking the above-mentioned decisions, the child's consent is not requested; however, the competent authorities (social welfare service or the court) have the legal possibility to inquire into the child's wishes. The family legislation does not (yet) comprise the provisions which would enable an older child himself or herself to file the requests either for meting out some measures or for the reversal or waiver of the existing ones.

207. The current Law on Criminal Proceedings stipulates that a minor person can be put in custody only exceptionally. Custody can last up to one month and can be prolonged for two months at the most only out of some justified reasons.

208. When it is necessary to completely separate the child from the environment where he or she lives in order to reform him or her after having committed a criminal offence, the court can place the juvenile delinquent in an educational institution or correction home and in the most serious cases in juvenile prison to serve the sentence.

209. The existing laws do not regulate the issue of possibility for the child to meet his or her parents who are serving a sentence, regardless of the nature of the offence. In practice, the requests for meetings between these parents and children are treated differently. Because of such an unfavourable situation, the future amendment of the criminal legislation should provide for a more up-to-date approach and legal regulations which would respect the child's interests.
4. Family reunification (art. 10)

210. Family legislation comprises provisions regulating in detail the rights of the parents (or guardianship authority, if the child is entrusted to an institution) to request, through legal proceedings, the return of the child who is kept by a third person in an unauthorized manner. This proceeding is an urgent one.

211. Among other serious consequences of the war in the territory of the Republic of Croatia there are also special cases of the breaking of all legal ties between the child and one parent. Some children have been suffering because their fathers have been taken to detention camps outside Croatia. International organizations have not so far succeeded in establishing the destiny of the persons considered missing, because Serbia persistently refuses to give information about them. However, children of mixed marriages whose fathers left Croatia or were, together with their mothers, expelled from the part of Croatia occupied by paramilitary forces (UNPA zones) have also suffered. Since the new Yugoslav State (Serbia and Montenegro) refuses to recognize the Republic of Croatia within its internationally recognized borders, it is not possible, for the time being, to solve the problems concerning the implementation of the right of children to contacts with parents living separately by means of international treaties and the implementation of appropriate conventions.

212. To find missing parents or those separated from their children and to reunite them is an exceptionally difficult and urgent problem imposed on Croatia as the consequence of the ethnic cleansing and the war. There are many children and adults expelled from their homes (infra, H.1) but also a great number of refugee children and adults, mostly from Bosnia and Herzegovina. The Government Office for Refugees and Displaced Persons takes care of these refugees and displaced persons. The Government Commission issues permission for entering and temporary stay in the Republic of Croatia as well as permission for transit through the Republic of Croatia. When considering these requests, the reunification of families is given preference and the procedure is an urgent one.

213. Another difficulty concerning family reunification is the registration of children who were forcibly taken from Croatia to other countries (mostly Serbia and Montenegro), regardless of whether or not there is a court decision granting custody.

214. Croatia has ratified the Hague Convention on Civil Aspects of International Child Abduction which obliges the member States to establish a central body for filing and considering the requests for return of abducted children. In the Republic of Croatia, the central bodies according to this Convention are the Ministry of Justice and the Ministry of Labour and Social Welfare. The above-mentioned ministries have so far received two requests for return of children who are now in a foreign country which is signatory to the Convention and in Croatia respectively. In future, national regulations should be brought into conformity with the provisions of this Convention. The Law on Enforcement is being amended and it will comprise these issues.

215. In Croatia there is a non-governmental project "Unaccompanied Child" whose aim is to find refugee children (in European countries) and to reunify them with their families.
5. Support of the child (art. 27, para. 4)

216. The responsibility of parents i.e. persons legally obliged to support the child, is stipulated by the Law on Marriage and Family Relations, while their responsibility to secure minimum standards of living and normal development of the child is stipulated by the Law on Social Welfare. Under the Law on Marriage and Family Relations, parents are obliged to support their under-age child and even the adult child who is still receiving regular education (until he or she has finished schooling), or is not able to work due to his or her illness, has no means to support himself or herself or cannot make a living from his or her property.

217. In case of divorce, when custody is awarded to one of the parents, the other parent is obliged to contribute to the support of the child, while the amount of the contribution is determined by the court. The law provides that the guardianship agency has the possibility to request, on behalf of the child, the establishing and implementation of the duty to support the