September 7, 2023 – New legal amendments introduce the specialization of judges in cases related to violence against women in Croatia to improve their protection. The Croatian Ministry of Justice stated this after the first evaluation report on the implementation of the Istanbul Convention in Croatia was published.
The final phase of drafting a package of legal amendments with the aim of improving protection in cases of violence against women and domestic violence is underway, writes Index.
Amendments to the Criminal Code, the Criminal Procedure Act, the Act on Protection from Domestic Violence, and the Act on Courts will be proposed with the aim of tightening the criminal law policy, improving the system of protection of women – victims of violence, and introducing the specialization of judges in cases related to violence against women in Croatia, the Ministry of Justice and Public Administration stated.
“The specialization will contribute to the empowerment and awareness of judicial officials for the issue of violence against women and domestic violence,” they added.
Report on the implementation of the Istanbul Convention in Croatia
In doing so, they responded to the published evaluation report on the implementation of the Istanbul Convention (Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence) compiled by the Council of Europe’s group of experts on action against violence against women and domestic violence (GREVIO).
The report welcomes the 2021 amendments to the Criminal Code criminalizing revenge pornography and prosecuting sexual harassment ex officio, which was previously only done at victims’ request. The same law also defines rape based on the absence of consent.
Prejudice and patriarchal attitudes in criminal justice
On the other hand, the report warns of “prejudice and patriarchal attitudes” that still seem to prevail in the criminal justice system, which often leads to the qualification of serious incidents of violence as misdemeanors rather than crimes. In addition, GREVIO called on the Croatian authorities to pay more attention to children who have witnessed or experienced domestic violence.
“When it comes to the Act on Protection Against Domestic Violence, misdemeanor and criminal liability are more clearly delineated, the definition of physical violence has been specified, and the circle of persons to whom the Act applies has been expanded. In addition, we are continuously working to strengthen the department for supporting victims and witnesses in courts. Therefore, in the coming period, new departments are expected to be formed at all county and municipal courts in Split and Zagreb,” the Ministry replied.
The Ministry of Justice also notes that in two cycles, 2019 and 2021, it has significantly improved the legislative framework to prevent violence against women in Croatia.
With the amendments to the Criminal Procedure Act, jurisdiction over criminal acts of rape was transferred to the county (higher) court, and the so-called prohibition of double cancellation of the second-instance verdict has been introduced, which aims to prevent cases from being frequently returned to the first instance for re-decision.
Education of experts
The Ministry of Labour, Pension System, Family, and Social Policy also works on the education of experts through the project “Let’s stop violence against women and violence in the family – There is no excuse for violence,” which includes more than a thousand people.
“More than two years ago, a series of additional training programs were held for civil servants to sensitize and act according to the provisions of the Istanbul Convention, as well as professional workers of social welfare centers (now the Croatian Institute for Social Work) who will provide psychosocial treatment services for the prevention of violent behavior,” they stated.
Capacities of safe houses for victims of violence
Another problem that GREVIO warns about is the capacity of safe houses for victims of violence. There are currently 25 of them in Croatia, with a total of 363 beds, which does not meet the goal of one shelter per 10,000 inhabitants.
However, the relevant Ministry replies that the capacities in Croatia are sufficient, but they are ready to take the necessary measures if they prove insufficient.
“The Ministry continuously monitors the occupancy of the shelter capacity on a bi-weekly basis, as a result of which it is evident that the maximum occupancy in the past year was 66 percent. According to the latest data from August 31, 2023, the occupancy of the shelter capacities is 61 percent,” said the Ministry of Social Policy.
