appeal against the voting on the final proposition of the Labour law
04/12/2009
Submitted by
Augustin Zonjic - Iskorak coordinator
Urgent appeal against the voting on the final proposition of the Labour law on the 15. Sitting of the Croatian Parliament, 4th of December, 2009.
Iskorak Association appeals in this manner to all representatives of the Croatian Parliament to vote “against” the final proposition of the Labour law, as drafted by the Ministry of Economy, Labour and Entrepreneurship.
The final proposition of the Labour law, the precise goal of which is harmonization with the standards of the European Union for which reason it was put in urgent procedure, is discriminatory because it makes no mention of sexual orientation, which makes it contrary to Croatian and international legislation. Non-discrimination on the basis of sexual orientation is set out in the Anti-Discrimination Act, the Gender Equality Act, Criminal Law, as well as a number of other laws. The adoption of this law as it is would once again signify legalizing discrimination and passing a law which does not protect the rights of all the citizens of the Republic of Croatia.
For example, in the Article 65. of the proposition of the Labour law, which details the right to a paid leave of absence in the case of an emergency personal situation, especially in regard with serious illness or death of a family member, including marital or cohabiting partner, the legislator does not include same-sex partners. As this is a right which the worker utilizes to nurse a sick person, or because of a deceased family member, it is unthinkable that such a right would be unavailable in the case of a deceased or sick same-sex partner. On the other hand, in the Article 141. paragraph 2., which provides restrictions on the right to vote in the workers council for the members of employers administrative and supervising bodies, and their family members, the same restriction is not provided for same-sex partners which could lead to a conflict of interest.
EXPLANATION
Article 3. of the Constitution of the Republic of Croatia defines equality and rule of law as the highest values of the constitutional order of the Republic of Croatia. It is precisely for this reason that the basic provisions of the Constitution are immediately followed by articles governing the protection of human rights and fundamental freedoms. In relation to that, Article 14. of the Constitution establishes that everyone in the Republic of Croatia shall enjoy rights and freedoms, regardless of numerous distinguishing characteristics explicitly stated in the article as well as “other characteristics”. As the second paragraph of the same article emphasizes that all shall be equal before the law, that same equality must also apply to people of homosexual orientation. The equal rights and freedoms are subject to restriction pursuant to Article 16. of the Constitution of the Republic of Croatia in order to protect freedoms and rights of others, public order, public morality and health. However, it is emphasized that every restriction of freedoms or rights must be proportional to the nature of the necessity for restriction and determined separately in each individual case.
Same sex civil union law (NN, br. 116/03) provides for non-discrimination on the basis of same-sex union or homosexual orientation. The Gender equality act (NN, br. 82/2008) and the Anti-discrimination act (NN, br. 82/2008) contain provisions which prohibit discrimination on the basis of sexual orientation.
In the Article 13. of the Treaty of Amsterdam, European union is encouraged to “take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.” EC Directive 2000/78/EC dated 27th November 2000, obliges member states to adopt legislation that prohibits employment discrimination on multiple grounds, including sexual orientation.
European Convention on Human Rights (applicable in Croatia since 5.11.1997). By ratifying the Convention on Human Rights, the state assumes the obligation to ensure the rights and freedoms set out in the Convention on the territory under its jurisdiction. It is unacceptable that on the one hand state legislation does not provide protection against discrimination on the basis of sexual orientation, while on the other hand international agreements, of which Croatia is a signatory state, do provide protection to people of homosexual orientation.
In 2003. the European Court of Human Rights passed judgment against the Republic of Austria for violating Article 14. in connection with Article 8. of the European Convention on Human Rights, when in a case questioning the inheritance of tenancy the Austrian authorities refused to interpret the legal definition of a “life companion” as pertaining to same-sex unions. The Court ruled that unequal treatment of same-sex couples (in comparison with cohabiting opposite-sex couples) is an infringement of the European Convention on Human Rights.
We urgently appeal to all representatives of the Croatian Parliament to suspend the voting on the concerned Law until its phrasing is completely approximated with the positive legislation of the Republic of Croatia, as well as that of the European Union. We will report the case in question to the public, the media, the parliamentary representatives, and also to international institutions and representatives of the European Union.
Iskorak Association appeals in this manner to all representatives of the Croatian Parliament to vote “against” the final proposition of the Labour law, as drafted by the Ministry of Economy, Labour and Entrepreneurship.
The final proposition of the Labour law, the precise goal of which is harmonization with the standards of the European Union for which reason it was put in urgent procedure, is discriminatory because it makes no mention of sexual orientation, which makes it contrary to Croatian and international legislation. Non-discrimination on the basis of sexual orientation is set out in the Anti-Discrimination Act, the Gender Equality Act, Criminal Law, as well as a number of other laws. The adoption of this law as it is would once again signify legalizing discrimination and passing a law which does not protect the rights of all the citizens of the Republic of Croatia.
For example, in the Article 65. of the proposition of the Labour law, which details the right to a paid leave of absence in the case of an emergency personal situation, especially in regard with serious illness or death of a family member, including marital or cohabiting partner, the legislator does not include same-sex partners. As this is a right which the worker utilizes to nurse a sick person, or because of a deceased family member, it is unthinkable that such a right would be unavailable in the case of a deceased or sick same-sex partner. On the other hand, in the Article 141. paragraph 2., which provides restrictions on the right to vote in the workers council for the members of employers administrative and supervising bodies, and their family members, the same restriction is not provided for same-sex partners which could lead to a conflict of interest.
EXPLANATION
Article 3. of the Constitution of the Republic of Croatia defines equality and rule of law as the highest values of the constitutional order of the Republic of Croatia. It is precisely for this reason that the basic provisions of the Constitution are immediately followed by articles governing the protection of human rights and fundamental freedoms. In relation to that, Article 14. of the Constitution establishes that everyone in the Republic of Croatia shall enjoy rights and freedoms, regardless of numerous distinguishing characteristics explicitly stated in the article as well as “other characteristics”. As the second paragraph of the same article emphasizes that all shall be equal before the law, that same equality must also apply to people of homosexual orientation. The equal rights and freedoms are subject to restriction pursuant to Article 16. of the Constitution of the Republic of Croatia in order to protect freedoms and rights of others, public order, public morality and health. However, it is emphasized that every restriction of freedoms or rights must be proportional to the nature of the necessity for restriction and determined separately in each individual case.
Same sex civil union law (NN, br. 116/03) provides for non-discrimination on the basis of same-sex union or homosexual orientation. The Gender equality act (NN, br. 82/2008) and the Anti-discrimination act (NN, br. 82/2008) contain provisions which prohibit discrimination on the basis of sexual orientation.
In the Article 13. of the Treaty of Amsterdam, European union is encouraged to “take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.” EC Directive 2000/78/EC dated 27th November 2000, obliges member states to adopt legislation that prohibits employment discrimination on multiple grounds, including sexual orientation.
European Convention on Human Rights (applicable in Croatia since 5.11.1997). By ratifying the Convention on Human Rights, the state assumes the obligation to ensure the rights and freedoms set out in the Convention on the territory under its jurisdiction. It is unacceptable that on the one hand state legislation does not provide protection against discrimination on the basis of sexual orientation, while on the other hand international agreements, of which Croatia is a signatory state, do provide protection to people of homosexual orientation.
In 2003. the European Court of Human Rights passed judgment against the Republic of Austria for violating Article 14. in connection with Article 8. of the European Convention on Human Rights, when in a case questioning the inheritance of tenancy the Austrian authorities refused to interpret the legal definition of a “life companion” as pertaining to same-sex unions. The Court ruled that unequal treatment of same-sex couples (in comparison with cohabiting opposite-sex couples) is an infringement of the European Convention on Human Rights.
We urgently appeal to all representatives of the Croatian Parliament to suspend the voting on the concerned Law until its phrasing is completely approximated with the positive legislation of the Republic of Croatia, as well as that of the European Union. We will report the case in question to the public, the media, the parliamentary representatives, and also to international institutions and representatives of the European Union.
