III. Protection of Human Rights and Fundamental Freedoms
1. General Provisions
Article 14
Everyone in the Republic of Croatia shall enjoy rights and freedoms, regardless of race, color, gender, language, religion, political or other belief, national or social origin, property, birth, education, social status or other characteristics.
All shall be equal before the law.
Article 15
Members of all national minorities shall have equal rights in the Republic of Croatia.
Equality and protection of the rights of national minorities shall be regulated by the Constitutional Act which shall be adopted in the procedure provided for the organic law.
Besides the general electoral right, the special right of the members of national minorities to elect their representatives into the Croatian Parliament may be provided by law.
Members of all national minorities shall be guaranteed freedom to express their nationality, freedom to use their language and script, and cultural autonomy.
Article 16
Freedoms and rights may only be restricted by law in order to protect freedoms and rights of others, public order, public morality and health.
Every restriction of freedoms or rights shall be proportional to the nature of the necessity for restriction in each individual case.
Article 17
During a state of war or an immediate threat to the independence and unity of the State, or in the event of severe natural disasters, individual freedoms and rights guaranteed by the Constitution may be restricted. This shall be decided by the Croatian Parliament by a two-thirds majority of all members or, if the Croatian Parliament is unable to meet, at the proposal of the Government and upon the counter-signature of the Prime Minister, by the President of the Republic.
The extend of such restrictions shall be adequate to the nature of the danger, and may not result in the inequality of persons in respect of race, color, gender, language, religion, national or social origin.
Not even in the case of an immediate threat to the existence of the State may restrictions be imposed on the application of the provisions of this Constitution concerning the right to life, prohibition of torture, cruel or degrading treatment or punishment, on the legal definitions of penal offenses and punishments, or on freedom of thought, conscience and religion.
Article 18
The right to appeal against the first instance decisions made by courts or other authorities shall be guaranteed.
The right to appeal may exceptionally be excluded in cases specified by law, if other legal remedies are ensured.
Article 19
Individual decisions of administrative agencies and other bodies vested with pubic authority shall be grounded on law.
Judicial review of decisions made by administrative agencies and other bodies vested with public authority shall be guaranteed.
Article 20
Anyone who violates the provisions of the Constitution concerning the human rights and fundamental freedoms shall be held personally responsible and may not be exculpated by invoking a superior order.
2. Personal and Political Freedoms and Rights
Article 21
Every human being has the right to life.
In the Republic of Croatia there shall be no capital punishment.
Article 22
Freedom and personality of everyone shall be inviolable.
No one shall be deprived of liberty, nor may his liberty be restricted, except upon a court decision in accordance with law.
Article 23
No one shall be subjected to any form of maltreatment or, without his consent, to medical or scientific experimentation.
Forced and compulsory labor shall be forbidden.
Article 24
No one shall be arrested or detained without a court warrant. Such a warrant shall be read and served on the person being arrested.
The police may arrest a person without a warrant when the person is reasonably suspected of having committed a serious criminal offence defined by law. The arrested person shall be promptly informed, in understandable terms, of the reasons for the arrest and of his rights determined by law.
Any person arrested or detained shall have the right to take proceedings before a court, which shall decide without delay on the legality of the arrest.
Article 25
All arrested and convicted persons shall be treated humanely and their dignity shall be respected.
Anyone who is detained and accused of a criminal offence shall have the right to be brought before the court within the shortest term specified by law and to be acquitted or sentenced within the statutory term.
A detainee may be released on legal bail to defend himself.
Any person who has been illegally deprived of liberty or convicted shall, in conformity with law, be entitled to damages and a public apology.
Article 26
All citizens of the Republic of Croatia and aliens shall be equal before the courts, government bodies and other bodies vested with pubic authority.
Article 27
The Bar, as an autonomous and independent service, shall provide everyone with legal aid, in conformity with law.
Article 28
Everyone shall be presumed innocent and my not be considered guilty of a criminal offence until his guilt has been proved by a final court judgment.
Article 29
Everyone shall have the right to the independent and fair trial provided by law which shall, within a reasonable term, decide upon his rights and obligations, or upon the suspicion or the charge of a penal offence.
In the case of suspicion or accusation for a penal offence, the suspected, accused or prosecuted person shall have the right:
- To be informed in detail, and in the language he understands, within the shortest possible term, of the nature and reasons for the charges against him and of the evidence incriminating him,
To have adequate time and opportunity to prepare his defense, To a defense counsel and free communication with him, and to be informed of this right, To defend himself in person or with the assistance of a defense counsel of his own choice, and if he lacks resources to engage a counsel, to have a free counsel under the terms specified by law, To be tried in his presence if he is accessible to the court, To interrogate or have the prosecution witnesses interrogated and to demand the presence and hearing of the defense witnesses under the same circumstances as for the witnesses for the prosecution, To free assistance of an interpreter if he does not understand the language used in the court.
The suspected, accused and prosecuted person shall not be forced to confess his guilt.
Evidence illegally obtained shall not be admitted in court proceedings.
Criminal proceedings shall only be initiated before the court of justice upon the demand of an authorized prosecutor.
Article 30
The sentence for a serious and exceptionally dishonorable criminal offence may, in conformity with law, have as a consequence the loss of acquired rights or a ban on acquiring, for a specific period of time, certain rights relating to the conduct of specific affairs, if this is required for the protection of the legal order.
Article 31
No one shall be punished for an act which before its commission was not defined as a punishable offence by law or international law, nor may he be sentenced to a penalty which was not defined by law. If a less severe penalty is determined by law after the commission of an act, such penalty shall be imposed.
No one may be tried anew nor punished in criminal proceedings for an act for which he has already been acquitted or sentenced by a final court judgment in accordance with law.
The cases and reasons for the renewal of court proceedings under section 2 of this Article may be provided only by law, in accordance with the Constitution and an international agreement.
The statute of limitations shall not apply to the criminal offences of war profiteering, nor any criminal offences perpetrated in the course of economic transformation and privatization and perpetrated during the period of the Homeland War and peaceful reintegration, wartime and during times of clear and present danger to the independence and territorial integrity of the state, as stipulated by law, or those not subject to the statute of limitations under international law. Any gains obtained by these acts or in connection therewith shall be confiscated.
Article 32
Anyone lawfully within the territory of the Republic of Croatia shall enjoy the liberty of movement and freedom to choose his residence.
Every citizen of the Republic of Croatia shall have the right to leave the State territory at any time and settle abroad permanently or temporarily, and to return to his homeland at any time.
The liberty of movement within the Republic of Croatia and the right to enter or leave it may exceptionally be restricted by law, if this is necessary to protect the legal order, or health, rights and freedoms of others.
Article 33
Foreign citizens and stateless persons may obtain asylum in the Republic of Croatia, unless they are prosecuted for non-political crimes and activities contrary to the basic principles of international law.
No alien lawfully within the territory of the Republic of Croatia shall be expelled or extradited to another state, except in pursuance of a decision made in accordance with a treaty and law.
Article 34
Homes shall be inviolable.
Only a court may order the search of a home or other premises, issuing a warrant with the statement of reasons, in conformity with law.
The tenant or his representative shall have the right to be present at the search of his home or other premises in the compulsory presence of two witnesses.
Under the conditions provided by law, the police authorities may enter a person’s home or premises and carry out a search in the absence of witnesses even without a court warrant or consent of the tenant, if this is indispensable to enforce an arrest warrant or to apprehend the offender, or to prevent serious danger to life and health of people or major property.
A search aimed at finding or securing evidence for which there is grounded probability to be found in the home of the perpetrator of a criminal offence may only be carried out in the presence of witnesses.
Article 35
Everyone shall be guaranteed respect for and legal protection of personal and family life, dignity, reputation and honor.
Article 36
Freedom and privacy of correspondence and all other forms of communication shall be guaranteed and inviolable.
Restrictions necessary for the protection of the State security and the conduct of criminal proceedings may only be prescribed by law.
Article 37
Everyone shall be guaranteed the safety and secrecy of personal data. Without consent from the person concerned, personal data may be collected, processed and used only under conditions specified by law.
Protection of data and supervision of the work of information systems in the State shall be regulated by law.
The use of personal data contrary to the purpose of their collection shall be prohibited.
Article 38
Freedom of thought and expression shall be guaranteed.
Freedom of expression shall specifically include freedom of the press and other media of communication, freedom of speech and public expression, and free establishment of all institutions of public communication.
Censorship shall be forbidden. Journalists shall have the right to freedom of reporting and access to information.
The right to access to information held by any public authority shall be guaranteed. Restrictions on the right to access to information must be proportionate to the nature of the need for such restriction in each individual case and necessary in a free and democratic society, as stipulated by law.
The right to correction shall be guaranteed to anyone whose constitutional and legal rights have been violated by public information.
Article 39
Any call for or incitement to war, or resort to violence, national, racial or religious hatred, or any form of intolerance shall be prohibited and punishable by law.
Article 40
Freedom of conscience and religion and freedom to manifest religion and other convictions shall be guaranteed.
Article 41
All religious communities shall be equal before the law and shall be separated from the State.
Religious communities shall be free, in conformity with law, publicly to perform religious services, to open schools, educational and other institutions, social and charitable institutions and to manage them, and shall in their activity enjoy the protection and assistance of the State.
Article 42
Everyone shall be guaranteed the right of public assembly and peaceful protest, in conformity with law.
Article 43
Everyone shall be guaranteed the right to freedom of association for the purposes of protection of their interests or promotion of their social, economic, political, national, cultural and other convictions and objectives. For this purpose, everyone may freely form trade unions and other associations, join them or leave them, in conformity with law.
The exercise of this right shall be restricted by the prohibition of any violent threat to the democratic constitutional order and independence, unity and territorial integrity of the Republic of Croatia.
Article 44
Every citizen of the Republic of Croatia shall have the right, under equal conditions, to take part in the conduct of public affairs, and to have access to public services.
Article 45
All Croatian citizens who have reached the age of eighteen years (voters) shall be entitled to universal and equal suffrage in elections for the Croatian Parliament, the President of the Republic of Croatia and the European Parliament and in decision-making procedures by national referendum, in compliance with law.
In elections for the Croatian Parliament, voters who do not have registered domicile in the Republic of Croatia shall be entitled to elect three representatives in compliance with law.
In elections for the Croatian Parliament, the President of the Republic of Croatia and the European Parliament and in decision-making procedures by national referendum, suffrage shall be exercised in direct elections by secret ballot, wherein voters who do not have registered domicile in the Republic of Croatia shall vote at polling stations in the premises of diplomatic-consular offices of the Republic of Croatia in the foreign countries in which they reside.
In elections for the Croatian Parliament, the President of the Republic of Croatia and the European Parliament and in decision-making procedures by national referendum, the Republic of Croatia shall secure exercise of suffrage for its citizens with registered domicile in the Republic of Croatia who are outside of its borders during elections such that they may vote in diplomatic-consular offices of the Republic of Croatia in the foreign countries in which they located or in some other manner as specified by law.
Article 46
Everyone shall have the right to submit petitions and complaints, to make proposals to government and other public bodies, and to receive answers too.
Article 47
Military service and the defense of the Republic of Croatia shall be the duty of every capable citizen of the Republic of Croatia.
Conscientious objection shall be allowed to all those who for religious or moral reasons are not willing to participate in the performance of military service in the armed forces. Such persons shall be obliged to perform other duties specified by law.
3. Economic, Social and Cultural Rights
Article 48
The right of ownership shall be guaranteed.
Ownership implies obligations. Owners and users of property shall contribute to the general welfare.
A foreign person may acquire property under conditions spelled out by law.
The right of inheritance shall be guaranteed.
Article 49
Entrepreneurial and market freedom shall be the basis of the economic system of the Republic of Croatia.
The State shall ensure all entrepreneurs an equal legal status on the market. Abuse of monopoly position defined by law shall be forbidden.
The State shall stimulate the economic progress and social welfare and shall care for the economic development of all its regions.
The rights acquired through the investment of capital shall not be diminished by law, or by any other legal act.
Foreign investors shall be guaranteed free transfer and repatriation of profits and the capital invested.
Article 50
Property may, in the interest of the Republic of Croatia, be restricted or expropriated by law upon payment of compensation equal to its market value.
The exercise of entrepreneurial freedom and property rights may exceptionally be restricted by law for the purposes of protecting the interests and security of the Republic of Croatia, nature, the environment and public health.
Article 51
Everyone shall participate in the defrayment of public expenses in accordance with his or her economic capabilities.
The system of taxation shall be based on the principles of equality and equity.
Article 52
The sea, seashore and islands, waters, air space, mineral wealth and other natural resources, as well as land, forests, fauna and flora, other parts of nature, real estate and goods of special cultural, historic, economic or ecological significance which are specified by law to be of interest to the Republic of Croatia shall enjoy its special protection.
The way in which goods of interest to the Republic of Croatia may be used and exploited by bearers of rights to them and by their owners, and compensation for the restrictions imposed on them, shall be regulated by law.
Article 53
The Croatian National Bank shall be the central bank of the Republic of Croatia.
The Croatian National Bank shall be autonomous and independent, and shall report on its work to the Croatian Parliament.
The Croatian National Bank shall be managed and its operations shall be conducted by the Governor of the Croatian National Bank.
The organisation, purpose, tasks and remit of the Croatian National Bank shall be governed by law.
Article 53a
The State Audit Office shall be the supreme audit institution of the Republic of Croatia, and shall be autonomous and independent in its work.
The State Audit Office shall be managed by the Auditor General, who shall report on its work to the Croatian Parliament.
The establishment, organisation, purview and operation of the State Audit Office shall be governed by law.
Article 54
Everyone shall have the right to work and enjoy the freedom of work.
Everyone shall be free to choose his vocation and occupation, and all jobs and duties shall be accessible to everyone under the same conditions.
Article 55
Every employee shall have the right to a fair remuneration, such as to ensure a free and decent standard of living to him and his family.
Maximum working hours shall be regulated by law.
Every employee shall have the right to a weekly rest and annual holidays with pay, and these rights may not be renounced.
Employees may, in conformity with law, participate in decision- making in the enterprise.
Article 56
The right of employees and of members of their families to social security and social insurance shall be regulated by law and collective agreements.
Rights in connection with child-birth, maternity and child care shall be regulated by law.
Article 57
The State shall ensure the right to assistance for weak, helpless and other persons unable to meet their basic needs owing to unemployment or incapacity to work.
The State shall devote special care to the protection of persons with disabilities and their integration into social life.
The state shall devote special care to the protection of Croatian war veterans and disabled Croatian war veterans, as well as the widows, parents and children of fallen Croatian war veterans.
Receiving humanitarian aid from abroad may not be forbidden.
Article 58
Everyone shall be guaranteed the right to health care, in conformity with law.
Article 59
In order to protect their economic and social interests, all employees shall have the right to form trade unions and shall be free to join and leave them.
Trade unions may form their federations and join international trade union organizations
Formation of trade unions in the armed forces and the police may be restricted by law.
Employers shall have the right to form associations and shall be free to join or leave them.
Article 60
The right to strike shall be guaranteed.
The right to strike may be restricted in the armed forces, the police, the public administration and the public services as specified by law.
Article 61
The family shall enjoy special protection of the State.
Marriage is a living union between a woman and a man.
Marriage and legal relations in marriage, common-law marriage and families shall be regulated by law.
Article 62
The State shall protect maternity, children and young people, and shall create social, cultural, educational, material and other conditions promoting the right to a decent life.
Article 63
Parents shall have the duty to bring up, support and educate their children, and shall have the right and freedom to decide independently on the upbringing of their children.
Parents shall be responsible for ensuring the right of their children to a full and harmonious development of their personalities.
Physically and mentally disabled and socially neglected children shall have the right to special care, education and welfare.
Children shall be bound to take care of their old and helpless parents.
The State shall take special care of parentless minors or parentally neglected children.
Article 64
Everyone shall have the duty to protect children and helpless persons.
Children may not be employed before reaching the legally determined age, nor may they be forced or allowed to do work which is harmful to their health or morality.
Young people, mothers and persons with disabilities shall be entitled to special protection at work.
Article 65
In the Republic of Croatia, everyone shall have access to education under equal conditions and in accordance with his/her aptitudes.
Compulsory education shall be free, in conformity with law.
Article 66
Under conditions specified by law, private schools and educational institutions may be established.
Article 67
The autonomy of universities shall be guaranteed.
Universities shall independently decide on their organization and work in conformity with law.
Article 68
Freedom of scientific, cultural and artistic creativity shall be guaranteed.
The State shall stimulate and assist the development of science, culture and the arts.
The State shall protect scientific, cultural and artistic goods as national spiritual values.
Protection of moral and material rights deriving from scientific, cultural, artistic, intellectual and other creative activities shall be guaranteed.
The State shall promote and assist care of physical education and sport.
Article 69
Everyone shall have the right to a healthy life.
The State shall ensure conditions for a healthy environment.
Everyone shall be bound, within their powers and activities, to pay special attention to the protection of public health, nature and environment.
