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Bilveer Singh, “Countering Online Extremism – A Perspective on the Indonesian Case”, lecture given at the Workshop on Extremism and Terrorism Online: A Multidisciplinary Examination of Current Trends and Challenges, 14 October 2014, Singapore. 120 Royal Malaysian Police (RMP) Official, Presentation at the Terrorism Financing Investigations Workshop, 2015, organised by SEARCCT, Kuala Lumpur.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911410576.pdf
https://www.searcct.gov.my/wp-content/uploads/2020/03/Terrorists-Use-Of-The-Internet.pdf
Malaysia
Thomas K. Samuel, “The Perfect Storm: The Terrorist Message and the Online Media”, lecture given at the Workshop on Extremism and Terrorism Online: A Multidisciplinary Examination of Current Trends and Challenges, 13 October 2014, Singapore. 121 P R O F I L E O F T H E A U T H O R J asmine Jawhar is currently a Research Officer at the Southeast Asia Regional Centre for Counter-Terrorism (SEARCCT), Ministry of Foreign Affairs, Malaysia. She holds a B.A.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911410576.pdf
https://www.searcct.gov.my/wp-content/uploads/2020/03/Terrorists-Use-Of-The-Internet.pdf
Malaysia
She holds a B.A. (Hons) Degree in International Relations from the University of Queensland, Australia (2010) and has a Certificate in Terrorism Studies from the University of St. Andrews, Scotland (2015). She also co-authored a monograph entitled The Lahad Datu Incursion and its Impact on Malaysia’s Security which was published in 2016. Currently, her areas of research include terrorists’ use of the Internet and the security in Sabah’s eastern seaboard.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911410576.pdf
https://www.searcct.gov.my/wp-content/uploads/2020/03/Terrorists-Use-Of-The-Internet.pdf
Malaysia
UNIVERSAL PERIODIC REVIEW Republic of Croatia Mid-term report on follow–up of the recommendations of the United Nations Human Rights Council under the Universal Periodic Review Mechanism (UPR) February 2019 Republic of Croatia Contents  Ratification and reporting process …………………………..…....……….1  Legislative and institutional framework…….…………………......….……4  Discrimination…………….………………………………...……….….…....8  Hate crime, hate speech and defamation ……………………......………8  Prisons/Torture………………………………………………………....…..11  Domestic violence………………………………..……………..…….…...14  Women's rights ………………………………………………….…………25  Children……………………………………………….………...…………..30  Persons with Disabilities ……………………..……………….................40  LGBT persons………………………………………………….…………...47  Trafficking in persons ……………………………………….….……...... 48  National Minorities…………………………...……………….…..…..….. 50  Refugees, returnees ………………………………………...…………….59  Migrants and asylum seekers …………………………….….…..…….. 62  War crimes and missing persons .....…………..……….……………… 65 1 Ratification and reporting process 5.1.
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Croatia
Join more human rights treaties and optional protocols (Israel); Upon gaining its independence, the Republic of Croatia accepted part of human right treaties through succession, and since then has continued to accept them and is today a party to almost all of them.
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Croatia
During the reporting period, it ratified the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (CRC-OP-IC) and the Council of Europe Convention on preventing and combating violence against women and domestic violence (hereinafter: the Istanbul Convention). 5.2.
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Croatia
5.2. Consider ratifying the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) and recognize the competence of its Committee (Uruguay); The ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) is still under consideration, and a further decision will be reported in the report for the third cycle of the Universal Periodic Review. 5.3.
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Croatia
5.3. Ratify the ICPPED (Argentina); /Ratify the ICPPED (France); /Ratify the ICPPED (Costa Rica); /Ratify the ICPPED (Portugal); See 5.2. 5.4. Ratify without delay the ICPPED (Bosnia and Herzegovina); See 5.2. 5.5. Accelerate efforts to ratify the ICPPED (Rwanda); See 5.2. 5.6. Accelerate the progress to ratify the ICPPED (Iraq); See 5.2. 5.7. Proceed to ratify the ICPPED (Serbia); See 5.2. 5.8. Intensify efforts to ratify the ICPPED (Sierra Leone); See 5.2. 5.9.
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5.9. Ratify Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) (Portugal); /Ratify the OP-ICESCR (Greece); See 5.10. 2 5.10. Sign and ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (France); Croatia is considering accession to it. 5.11. Consider ratifying the OP-ICESCR (Namibia); See 5.10. 5.12.
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Croatia
5.12. Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (OP-CRC-IC) (Morocco); /Ratify the OP-CRC-IC (Portugal); /Ratify the Optional Protocol to the Convention on the Rights of Child establishing procedure for submission of communications (OP-CRC-IC) (Benin); Croatia has ratified the OP-CRC-IC. 5.13. Speed up the process of the ratification of the OP-CRC-IC (Slovakia); See 5.12. 5.14.
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Croatia
5.14. Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) (Kyrgyzstan); /Accede to the ICRMW (Sierra Leone)*; *Croatia has not accepted the recommendation, see document A/HRC/30/14/Add.1 5.15. Consider ratifying the ICRMW (Rwanda); /Consider ratifying ICRMW (Philippines); /Consider ratifying ICRMW (Nicaragua)*; *See 5.14. 5.17.
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Croatia
5.17. Sign and ratify relevant international instruments relating to refugees and asylum- seekers (Benin); Croatia has ratified the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol. Also, the legislation in the area of asylum and migration complies with international principles and the EU acquis communautaire. As an EU Member State, Croatia fulfils its obligations by directly applying EU regulations or by transposing EU directives into its national law (Dublin Regulation No.
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Croatia
604/2013, Regulation (EU) No 603/2013 on the establishment of 'Eurodac', Qualification Directive 2011/95/EU, Asylum Procedure Directive 2013/32/EU, Directive 2013/33/EU laying down standards for the reception of applicants for international protection, Temporary Protection Directive 2001/55/EC). 5.18.
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Croatia
5.18. Ratify the Council of Europe Convention on Prevention and Combating Violence against Women and Domestic Violence (Netherlands); /Accede to the Council of Europe Istanbul Convention on Preventing and Combatting Violence against Women and Domestic Violence (Turkey); /Ratify the Istanbul Convention on Preventing and Combatting Violence against Women and Domestic Violence (Austria); 3 The Convention has been ratified by Croatia, and has been in force in Croatia since 1 October 2018. 5.19.
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Croatia
5.19. Ensure rapid ratification of the Council of Europe Convention on prevention and combating violence against women and domestic violence (Italy); See 5.18. 5.22. Take concrete measures to fight all forms of violence against women, including by ratifying the Istanbul Convention (Germany); Concrete measures are being taken, including on the basis of the Convention that has become part of the domestic legal system.
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Croatia
In addition, significant funds are being earmarked for this purpose; for illustration, these are the activities undertaken by the Ministry of Justice: HRK 200 000.00 is planned to be earmarked annually for the improvement of interventions and for the building of the prison system staff's competencies for the application of the Convention in the first three years, while HRK 600 000.00 has been earmarked for psychosocial treatment during criminal and misdemeanour proceedings.
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Croatia
Additional HRK 400 000.00 will be earmarked for the enforcement of the protective measure of compulsory psychosocial treatment and the security measure of compulsory psychosocial treatment. A minimum of HRK 600 000.00 will be earmarked for free legal aid in civil matters and for the implementation of Article 56 of the Convention („Measures of protection“). For statistical data collection and research, as provided for in Article 11 of the Convention, the electronic data system will be upgraded. 5.23.
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Croatia
5.23. Recognize the competence of the Committee on elimination of racial discrimination in a pursuing to article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination (Algeria); Croatia has a strong legal framework for individual complaints. As the recommendation has been accepted, it is currently being considered and the follow-up will be reported in the third UPR report. 5.16.
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5.16. Consider ratifying ILO Convention 189 on male and female domestic workers (Nicaragua)1; / Consider ratifying ILO Convention 189 (Philippines)*; * Croatia has not accepted the recommendation, see document A/HRC/30/14/Add.1. 5.65.
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Croatia
5.65. Submit its overdue reports to the human rights monitoring bodies (Portugal); Work is currently underway to regulate the obligation concerning the submission of all overdue reports under the CERD, and a periodic report under the CRC, as well as the first report under the Optional Protocol to the Convention on the Rights of the Child on sale of children, child prostitution and child pornography, are being prepared. 1 Convention Concerning Decent Work for Domestic Workers. 4 5.66.
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4 5.66. Submit its second periodic national report to the Committee on Economic, Social and Cultural Rights, which has been due since 2006 (Republic of Korea); Croatia will report on the submission of this report in its report for the third UPR cycle. 5.41.
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5.41. Consider establishing an inter-ministerial committee responsible for the implementation of its international human rights obligations, inter alia, for coordinating the drafting of the national reports to the Treaty Bodies (Portugal)*; * Croatia has not accepted the recommendation, see document A/HRC/30/14/Add.1. 5.64.
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5.64. Include civil society organisations in the process before finalising and submitting the National Report 2 (Norway); Civil society organisations (hereinafter: CSO) are regularly involved in the reporting process. Legislative and institutional framework 5.24.
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Legislative and institutional framework 5.24. Continue to strengthen its human rights framework, including through giving full implementation to existing institutional and legal protections (Australia); In order to protect, respect and promote human rights, measures synergistically defined through various national strategies, programmes and action plans on human rights and covering a wide range of areas and topics, including the needs of particularly vulnerable social groups, are continuously implemented.
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https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
5.43. Implement and apply human rights legislation in practice as well as implement ombudsman’s recommendations (Slovenia); For the purposes of strengthening the system for the protection of human rights, the Government monitors the annual reports of the People's Ombudsperson and regularly submits them to the Croatian Parliament for opinion. 5.36.
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Croatia
5.36. Intensify efforts at improving and strengthening its human rights institutions (Nigeria); In addition to the institution of the People's Ombudsperson, there are also three special ombudspersons: for children, for gender equality and for persons with disabilities.
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For ombudsperson institutions to be more accessible to citizens, regional offices of the Office of the People's Ombudsperson and of the Office of the Ombudsperson for Children have been opened in Rijeka, Osijek and Split, and a regional office of the Office of the Ombudsperson for Persons with Disabilities has been opened in Osijek. 5.44.
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5.44. Consider developing Human Rights Indicators, as suggested by the OHCHR, as an instrument that allows for a more precise and coherent evaluation of national human rights policies (Portugal); 2 Concerns the report under the UPR process. 5 A number of activities are continuously undertaken to support the development of Human Rights Indicators.
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An example is the „Comprehensive research into basic data to monitor the implementation of the National Strategy for the Inclusion of Roma 2013–2020“, which was carried out in 2017 and 2018. 5.45.
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Continue implementing its various national programmes and policies, in particular “National Programme for the protection and promotion of human rights 2013-2016” and “Action Plan for removing barriers to achieving equal rights in the area of integration 2013-2015“3 (Indonesia): The proposed activities continue progressing: within the Office for Human Rights and the Rights of National Minorities, the Working Group on the assessment of the implementation of the National Programme for the Protection and Promotion of Human Rights 2013–2016 and the Working Group on the development of the National Programme for the Protection and Promotion of Human Rights 2018–2021 have been set up, and the Action Plan for the integration of persons who have been granted international protection 2017–2019 has been adopted, which defines strategic areas and the measures to be taken to ensure optimum conditions for the integration of foreigners into the Croatian society.
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5.42. Finalize the draft Strategy and Action Plan to Combat Corruption and effectively prosecute the perpetrators of corruption acts (Turkey); Following the accession to the EU, Croatia has developed more robustly the strategic framework for preventive action on causes and risks of corruption.
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Croatia's approach to the development of strategic documents involves ensuring that all stakeholders (governmental and non-governmental sectors, media and social partners) act in synergy; Croatia also takes measures to identify corruption-prone business processes and legislative shortcomings, and undertakes targeted anti-corruption interventions.
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The directions set out in the strategic framework are articulated in the Anti-Corruption Strategy 2015–2020, which identifies the priority areas and the key objectives for strengthening the anti-corruption mechanism in seven priority areas: judiciary, economy, agriculture, healthcare, science, education and sports, infrastructure, environment and transport.
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Measures to manage the identified risks cover the strategic areas relating to the regulation of conflicts of interests, the public procurement system, the political system and the administration at central and local government levels, the work of public administration, the work of state-owned companies and of those owned by local and regional self-government units, the access to information at public authorities and the strengthening of the role of CSOs, citizens and the media in combating corruption.
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Biannual action plans are successively adopted to elaborate the strategy (so far, the following action plans have been adopted and implemented for the Anti-Corruption Strategy 2015–2020: the Action Plan for 2015 and 2016, and the Action Plan for 2017 and 2018. The preparation of the Action Plan for 2019–2020 is underway). 3 The actual name is: „Action Plan for the removal of obstacles to the exercise of particular rights in the area of integration of foreigners, for the period 2013–2015“.
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6 The new anti-corruption strategic framework stresses the importance of taking repressive action and strengthening the statutory regulations, as well as the further application of preventive anti-corruption mechanisms to enhance the efficiency, transparency and expertise of responsible public institutions. 5.37.
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5.37. Increase the human and financial resources made available to the office of the Ombudsperson to enable it to fulfil its expanded mandate (Sierra Leone); Funds for the work of the Office of the People's Ombudsperson are earmarked in the State Budget and are continuously increased on an annual basis, thus allowing for an increase in the number of staff members.
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As a result, and in accordance with the civil service admission plan, the Office of the People's Ombudswoman employed two new staff members in 2017, and four in 2018. 5.38. Allocate the necessary resources to ensure the effective operation of the Office of the Ombudsman (Timor-Leste); See 5.37. 5.39.
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5.39. Even if only in a modest and gradual way, increase the personnel and financial allocations to the ombudsman in order to ensure that the stronger legal position of the office is also reflected in its human and financial capacities (Hungary); As stated above, a significant increase in the number of staff members in the Office of People's Ombudswoman has occurred in the last two years, with eight new staff members being employed.
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Funding for the Office, including its regional offices, has also increased. 5.40. Explore ways of provision the necessary resources to ensure the independent and effective operation of the Ombudsman’s Office (Ukraine); In addition to the funds earmarked in the State Budget, the Office of People's Ombudsperson may also acquire additional funds for the implementation of special programmes and projects in which it intends to participate. 5.122.
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5.122. Take steps to ensure adequate support and access to healthcare facilities, for those in rural areas (Maldives); The health care of the population is implemented on the basis of the principles of equality, continuity and accessibility.
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The number and distribution of health care facilities are determined through the Public Health Care Service Network, which is determined on the basis of: the total number of the respective population, the total number of persons insured with the Croatian Health Insurance Institute (hereinafter: the Institute), demographic characteristics of the population, the health status of the population, the social structure of the population, the number of people gravitating to the respective area, the characteristics of the respective areas, the availability of health care resources, environmental impacts on the health of the population, and economic capabilities.
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In order to improve the provision of primary-level health care services in community health centres and in private practices operating as concessionaires, investments in equipment and 7 infrastructure are being undertaken under the Operational Programme ”Competitiveness and Cohesion for the period 2014-2020“, with 85 % being financed by the EU and 15 % by counties.
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Also, under the Operational Programme ”Efficient Human Resources 2014-2020”, financing has been provided for speciality training of medical doctors in these five speciality areas: family medicine/general practice, paediatrics, gynaecology and radiology in community health centres, and emergency medicine in county institutes of emergency medicine in the targeted areas (priority geographical areas are disadvantaged areas in which the Public Health Care Service Network is not sufficiently developed at the level of the primary health care).
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Croatia
About 186 million HRK has been secured (according to the model: European Social Fund - ESF 85 %, and national co-financing 15 %). In order to ensure the continuity and accessibility of health care, founders of health care institutions in local and regional self-government units play an important role by creating favourable living and working conditions to attract health professionals to rural areas. 5.123.
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5.123. Work towards more balanced geographical coverage of healthcare services with specific focus on rural areas (Egypt); See the last paragraph of 5.122. 5.118.
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Croatia
5.118. Continue ensuring the full realization of the right to safe drinking water and sanitation for all (Egypt); Constitutional standards regarding human rights, including ensuring the conditions for a healthy life and the protection of human health, nature and the environment, concern the obligations of the State and of local and regional self-government units.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
The right to safe drinking water is regulated by the Water Act and the Act on Water Intended for Human Consumption (including the ordinance governing the obligations of legal persons). Croatia is a party to the Protocol on Water and Health, the basic requirement of which is equitable access to safe drinking water.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
In order to ensure that water intended for human consumption is safe, the following is being implemented: the monitoring plan for water intended for human consumption, official controls of suppliers of water services, examination of water at water extraction points, and water monitoring.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
The Croatian National Institute of Public Health coordinates the monitoring of the safety of water intended for human consumption and maintains a database of monitoring results, while legal persons providing public water supply services are responsible for maintaining public water supply facilities, checking the safety of water and publishing results.
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https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
Within the Ministry, the following two commissions operate: the Expert Commission on Water Intended for Human Consumption (it provides expert opinions and recommendations in cases of deviation from the water safety parameters and in cases of pollution) and the Expert Commission for Risk Assessment within the Monitoring Programme for Water Intended for Human Consumption.
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Croatia
Also, the sanitary inspection service performs official controls of water intended for human consumption and, where an inspection reveals non-compliances, it imposes administrative and misdemeanour measures. 8 93 % of the population has the opportunity to connect to a public water supply system, of which 87 % is connected, whiles others use private wells.
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https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
Water supply systems are continuously being improved (several infrastructure projects are underway – supported by EU funds), and, in response to the problems in some local water supply systems, a thorough analysis is being carried out and is to be completed by 2020. Discrimination 5.55.
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Croatia
Strengthen the national plan for combating discrimination through the incorporation of indicators and monitoring measures, through determination of the authorities responsible for its implementation, and through a time-frame for achievement of the goals (Mexico); The National Anti-Discrimination Plan for the period 2017-2022, including its Action Plan 2017-2019, specifies measures to be taken, responsible and co-responsible authorities, implementation indicators and performance deadlines, as well as amounts and sources of funding.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
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Croatia
In order to implement it, a working group will be established, which will submit annual reports to the Government. In the last quarter of the Action Plan 2017-2019, an external evaluation will be carried out to assess the achievement of the objectives of the National Plan and the effectiveness of the measures and to make recommendations for the next action plan. 5.57.
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Croatia
5.57. Undertake awareness campaigns directed towards the judiciary with a view of promoting non-discrimination (Norway); Expert seminars concerning the provisions of the Criminal Code relating to hate crime and hate speech (in particular those directed towards persons belonging to national minorities or based on sexual orientation or gender identity) are organised for judges, lawyers, state's attorneys, police officers and CSOs. 5.73.
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Croatia
Eliminate discrimination in employment, particularly for women and members of the Roma population, pursuant to recommendations of ILO supervisory bodies; (United States of America); In accordance with the National Anti-Discrimination Plan for the period 2017-2022, training is organised for employers and employees' representatives on the Anti-Discrimination Act and the Gender Equality Act to raise awareness of the responsibility of employers in creating a work environment free of discrimination and on the importance of protecting the dignity of employees.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
With regard to sex-based discrimination in the labour market, see 5.74. As regards the Roma community, see 4.148., but generally also see 5.60. and 5.115. Hate crime, hate speech and defamation 9 5.76.
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Croatia
Step up fight against racism, xenophobia, hate speech and adopt measures to promote poverty reduction, social inclusion and social assistance (Angola); With regard to hate crime and hate speech, the National Anti-Discrimination Plan for the period 2017-2022, including its Action Plan 2017-2019, specifies a number of activities, such as the organisation of seminars for judges, lawyers, state's attorneys, police officers and CSOs, and the implementation of the Code of Conduct against hate speech.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
Also, in 2018, a roundtable discussion on reporting such cases was organised, and an expert discussion was held concerning the scope of and reasons for non-reporting and possible measure to encourage reporting.
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https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
The International Human Rights Day 2017 was commemorated with a panel discussion on the topic „The human rights situation in the Republic of Croatia”, which was held as part of the „Human Rights Film Festival“ featuring themes of combating hate speech, preventing radicalisation and protecting children and young people on the Internet, and was accompanied with presentations by representatives from the Ministry of the Interior and CSOs.
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https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
With regard to poverty, it is noted that the Social Welfare Act defines a series of rights and the conditions for their realisation. The Strategy for Combating Poverty and Social Exclusion 2014-2020 defines the most vulnerable groups exposed to the risk of poverty and social exclusion (children and young people, elderly people and pensioners, unemployed persons and persons with disabilities).
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https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
The Twinning project „Together Against Child Poverty“ (a joint project between the Croatian and French public administrations) is aimed at reducing poverty of families and children with a view to early identifying risks and undertaking timely interventions (value: one million EUR).
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https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
Under the Fund for European Aid for the Most Deprived, 62 contracts have been concluded with 35 beneficiaries (HRK 99 956 236.88), under which HRK 25 000 000.00 was allocated for co-financing school meals for children at risk of poverty in the school year 2017/2018 in the counties with a development index lower than 125 %. A total of 450 primary schools and 27 679 children at risk of poverty were covered.
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Croatia
Also, a poverty map has been developed under the operational programme „Competitiveness and Cohesion 2014-2020“, which includes the implementation of pilot projects for physical, economic and social regeneration of deprived communities in less developed urban and rural areas. 5.102. Ensure accountability for all manifestations of ethnic based hate speech, racism and extremist rhetoric in the public sphere (Serbia); This accountability is implemented on the basis of the law.
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Croatia
Namely, the Criminal Code provides for a criminal offence „Public Incitement to Violence and Hatred“, which is committed by anyone who in print, through radio, television, computer system or network, at a public gathering or in some other way publicly incites to, or makes available to the public tracts, pictures or other material instigating violence or hatred directed against a group of persons or a member of such a group on account of their race, religion, national or ethnic origin, language, descent, skin colour, gender, sexual orientation, gender identity, disability or any other characteristics, which is punishable by up to three years of imprisonment.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
The 10 punishment shall be also inflicted on whoever publicly approves of, denies or grossly trivialises the crimes of genocide, crimes of aggression, crimes against humanity or war crimes, directed against a group of persons or a member of such a group on account of their race, religion, national or ethnic origin, descent or skin colour in a manner likely to incite to violence or hatred against such a group or a member of such a group. 5.103.
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Croatia
5.103. Ensure efficient, non-discriminatory investigations and timely prosecutions as part of the enforcement of hate crime legislation (United Kingdom of Great Britain and Northern Ireland); This is implemented through a legal framework that has been put in place.
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https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
The Criminal Procedure Act prohibits discrimination in criminal procedures on account of race, ethnic origin, skin colour, sex, language, religion, political or other belief, national or social origin, economic status, trade union membership, education, social status, marital or family status, age, state of health, disability, genetic heritage, gender identity, expression or sexual orientation. A statement obtained contrary to this prohibition cannot be used as evidence in criminal procedure.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
A fair procedure is also guaranteed by the provision laying down that the defendant has the right to have the indictment decided upon fairly, publicly and within a reasonable time by an independent and impartial court established by law. The Criminal Code defines a hate crime as a criminal offence committed on account of person's race, skin colour, religion, national or ethnic origin, language, disability, sex, sexual orientation or gender identity.
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Croatia
Unless a more severe punishment is explicitly prescribed by the Code, such conduct shall be taken as an aggravating circumstance. With regard to training in this field, see 5.106. 5.106. Continue ensuring the prosecution of cases of hate crimes (Israel); Croatia continues to take actions in this area. In 2017, in the Criminal Code definitions of hate crime and public incitement to violence and hatred, „language“ was added as a new protected basis.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
Also, as one of the measures provided for in the National Anti-Discrimination Plan for the period 2017-2022 and its Action Plan 2017-2019, a seminar on the theme of hate crime and hate speech has been held, which is organised by the Office for Human Rights and the Rights of National Minorities in cooperation with the Judicial Academy for judges, state's attorneys, police officers, layers and representatives from CSOs.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
The Action Plan contains specific measures aimed at preventing and combating hate crimes and hate speech: improvement of the system for collecting data on hate crimes and hate speech; organisation of roundtables and campaigns on discrimination, hate crimes and hate speech; monitoring the implementation of the Code of Conduct in cases of illegal hate speech on the Internet; publication of annual data on cases of hate crimes, and maintaining records on support provided to the victims of hate crimes.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
The Working Group for Monitoring Hate Crimes, in coordination with the Office for Human Rights and the Rights of National Minorities, regularly holds meetings to exchange data from all competent institutions so that effective prevention and countering of hate crimes can be planned. 11 The Office coordinates the drafting of the protocol on procedures to be followed in cases of hate crime, in order to improve the data collection system and enhance the efficiency in identifying and investigating hate crimes.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
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Croatia
5.33. Decriminalizing defamation (Estonia); The Criminal Code defines defamation as a criminal offence committed by anyone who, knowing that it is untrue, asserts or disseminates in front of a third party a false factual claim about another person which can damage the honour or reputation of that person. It is punishable exclusively by a fine.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
It is punishable exclusively by a fine. Committing these criminal offences through the press, radio, television, computer system or network, at a public gathering or in some other way, thus making the insult accessible to a large number of persons, is also punishable. These criminal offences are prosecuted by private action.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
If defamation is committed against a deceased person, criminal proceedings may be instituted by a private action brought by the deceased person's spouse or cohabiting partner, life partner or informal life partner, parent, child, adopter, adoptee or siblings. Defamation is the most serious criminal offence against honour and reputation, which can only be committed with direct intent.
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Croatia
The subjective element requires that the perpetrator knew, at the time of committing the offence, that the factual claim that he asserted or disseminated was untrue. Thus, this provision is without prejudice to freedom of expression, but, taking into account possible severe consequences for the injured party, intentional assertion or dissemination of untrue claims is sanctioned.
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Croatia
Being punishable only by a fine, defamation has nearly acquired the characteristics of a misdemeanour as regards its severity, but keeping it in the Criminal Code indicates that it poses a higher risk to society. 5.34. Review the legislation on defamation and strengthen the training for judges on the implementation of freedom of expression (France); See 5.33. Prisons/Torture 5.94.
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Croatia
Tackle the subject of torture in a comprehensive way, including fighting impunity and providing for compensation of victims (Costa Rica); Acts of torture and other cruel, inhuman or degrading treatment or punishment are established as criminal offences under the Criminal Code and in line with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – punishment is imposed on a public official or other person who at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity inflicts on another severe pain or suffering, whether physical or mental, for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
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Croatia
These offences are punishable by one to ten years of imprisonment. 12 Under the Criminal Procedure Act it is prohibited to apply any medical intervention on the defendant, witness or other person or to give them such medication which may influence their will when giving their statement. It is also prohibited to use force, threat or other similar means and it is prescribed that a statement obtained contrary this prohibition cannot be used as evidence in criminal proceedings.
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Croatia
Any evidence obtained in a way representing a violation of the prohibition (laid down in the Constitution, national law or international law) against torture, inhuman or degrading treatment is illegal and court's decisions cannot be based on such evidence. Pursuant to the Act on the Execution of Prison Sentences, a prison sentence shall be executed in a manner that guarantees dignity for inmates.
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Croatia
Any treatment submitting inmates to any form of torture, maltreatment or humiliation or to medical or scientific experiments is prohibited and punishable. The victim is entitled to compensation. Also, a victim of a criminal offence of violence committed intentionally is entitled to financial compensation payable from the State Budget, in accordance with the Act on Monetary Compensation for Victims of Criminal Offences. 5.31.
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Croatia
5.31. Address remaining legislative and implementation gaps, including to fully protect and support victims (Australia); The National Strategy for the Development of the Victim and Witness Support System 2016- 2020 is in place, together with its Action Plan, which provides for a systematic enhancement of the support system, setting up of new support services and employing new staff members.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
The latest amendments to the Criminal Procedure Act have strengthened the role of victims in criminal proceedings by ensuring them additional rights, in particular by providing for the individual assessment of victims, which makes it possible to determine their need for special protection measures (see: the fourth and sixth paragraphs of 5.86. and the second paragraph of 5.96.).
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Croatia
A wide spectrum of the rights of victims and witnesses is protected by victim and witness support departments operating in courts and the Department for Victim/Witness Support operating within the Ministry of Justice (see: 5.99.) 5.79. Continue its efforts to reduce overcrowding in prisons and improve detention conditions, including by promoting diversion and other alternatives to detention where possible (Austria); Since 2011 the number of inmates has been steadily decreasing.
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Croatia
The current prison occupancy is about 84 % (3 200 inmates). With regard to alternative sanctions, the Probation Service has been operating within the criminal justice system since 2009 and has contributed to a reduction in overcrowding.
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Croatia
Penal policy has created the conditions for alternative sanctions (community service/suspended sentence under protective supervision) to be imposed on persons who have committed a minor criminal offence, are first-time offenders, and are assessed as being at low risk of recidivism. 5.80.
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Croatia
5.80. Step up efforts to combat the overcrowding of prisons, and in particular provide more correctional detention facilities for female prisoners (Republic of Korea); 13 In the Women's Penitentiary in Požega the problem of overcrowding has been non-existent for a long time (in 2018 there were 84 women inmates (capacity 165). Alternative sanctions have a positive impact on overcrowding (see: 5.79.) 5.78.
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Croatia
5.78. Continue to further improve the conditions for juveniles in pre-trial detention facilities (Georgia); Pre-trial detention of juveniles is carried out in accordance with the conditions laid down in the national youth legislation, which is aligned with the Convention on the Rights of the Child and international documents concerning the treatment of juveniles deprived of liberty.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
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Croatia
Pre- trial detention is imposed on a minor only in exceptional cases and when absolutely necessary and is used as a measure of last resort and for the shortest necessary period of time, and its execution is supervised by specialised juvenile judges. Criminal proceedings are urgent and the minor's best interests and dignity are respected, and all police procedures are carried out in the presence of the minor's parents.
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Croatia
The Foreigners Act contains provisions concerning the restriction of the freedom of movement, or placing a minor in detention. 5.88. Investigate and prosecute all cases of arbitrary detention in psychiatric hospitals and social care institution, in line with the recommendation made by the Special Rapporteur on violence against women (Germany); Social welfare centres make decisions and act in accordance with the Social Welfare Act.
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Croatia
Accommodation services are provided as institutional care in a welfare home, a centre providing community-based services or with other service providers, or as non-institutional service in a foster home or a family home. The Act explicitly prescribes that a beneficiary may not be provided with accommodation services without his/her consent or without consent of his/her guardian or legal representative, except in cases prescribed by law.
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Croatia
As necessary, and at least once a year, the competent social welfare centre reassesses the existence of facts and circumstances that were decisive for rendering a decision on granting rights and, if the circumstances have changed, it issues a new decision. The Family Act sets out the rules governing court procedures in relation to the deprivation and restoration of legal capacity.
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Croatia
A social welfare centre proposes to the court, ex officio, to initiate proceedings to deprive an adult of his/her legal capacity if it considers that this adult, on account of mental impairment or for other reasons, is unable to look after her or her own needs, rights and interests, or presents a risk to the rights and interests of other persons for which he or she has caring responsibilities.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
A social welfare centre appoints a special guardian for a person in respect of whom proceedings for deprivation of his or her of legal capacity have been instituted, by issuing a decision stating the guardian's duties and powers (which are, as a rule, limited to representation in proceedings for deprivation of legal capacity and to taking urgent measures to manage the person's property or protect his or her health).
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
A court may issue a decision only partially depriving a person of his or her legal capacity, which means that a person may not be completely deprived of his or her capacity.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
Before issuing a decision on deprivation of legal capacity, a court shall obtain, from an expert with expertise in the relevant medical field, the opinion concerning the state of health of the person 14 concerned and its effects on the person's ability to protect his or her particular rights or whether he or she might put the rights and interests of other at risk.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
At the request of a social welfare centre or by virtue of the office, health institutions and general practitioners are obliged to submit to the centre information on mental problems and other causes incapacitating the person to look after her/his rights and interests.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia
In its decision on partial deprivation of legal capacity the court shall determine the activities and tasks that the person concerned is not capable of performing on his/her own, such as: dispose of his/her property, salary or other incomes, manage his/her property, make decisions on employment, give statements or take actions concerning marriage, parental care, and other personal issues.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721906637034.pdf
https://mvep.gov.hr/UserDocsImages/files/file/2019/1904181142-upr-mid-term-report-2019.pdf
Croatia