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Provisions related to forced marriage in Croatia are found in the 2011 Criminal Code, which addresses coercing another person into marriage at Article 69, with a potential penalty of imprisonment for six months to five years. However, if a person procures a person for forced marriage from another country, the potential penalty is imprisonment up to three years.
Provisions requiring consent to marriage in Croatia are found in the Family Act, section23(1) of which states that for the existence of a marriage it is necessary that the bride and groom are persons of different sexes, that the bride and groom have given their consent to the marriage and that the marriage in civil form was concluded before the registrar or that the marriage in religious form was concluded according to the provisions of Article 13, paragraph 3 and Article 20, paragraphs 1 and 4 of this Act. Section169(1) of the Criminal Code 2011 further recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion.
There appears to be no legislation in Croatia that prohibits servile matrimonial transactions.
Provisions related to marriage trafficking in Croatia are found in the Criminal Code 2011, which prohibits human trafficking at Article 106.
The minimum age for marriage in Croatia is 18, without differentiation by gender, as set out on Article 25 of the 2003 Family Act. Where marriages are conducted involving a person below the minimum age, the marriage can be annulled, as set out on Article 49 of the 2003 Family Act. However, marriages below this age are permitted is the person is mentally and physically mature for marriage, as set out on Article 25 of the 2003 Family Act. These exceptions are not differentiated by gender, and allow marriages as early as 16.
Eastern Europe
European Court of Human Rights
Civil
Article 3
Freedom, equal rights, national equality and equality of genders, love of peace, social justice, respect for human rights, inviolability of ownership, conservation of nature and the environment, the rule of law, and a democratic multiparty system are the highest values of the constitutional order of the Republic of Croatia and the ground for interpretation of the Constitution.
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 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 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.
Article 55
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 56
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 65
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.
The Constitution of the Republic of Croatia 1991 (Revised 2010) (PDF)
Article 90 Crimes against Humanity
(1) Whoever violates the rules of international law as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(c) enslave a person so over it performs some or all of the powers attaching to the right of ownership, including the exercise of such powers in human trafficking,
(e) unlawfully confines another person or her otherwise unlawfully restricts his freedom,
(g) raping another person, holding in sexual slavery, forced prostitution, illegally kept in detention of a woman forcibly made pregnant in order to affect the ethnic composition of any population or makes some other grave breaches of international law, to another person without her consent and when it is not justified by medical reasons deprives biological reproductive capacity, or over it commits some other sexual violence of comparable gravity,
(k) commit other inhumane acts of a similar character intentionally causing great suffering, serious bodily injury or serious impairment of health,
shall be punished by imprisonment not less than five years or long-term imprisonment.
(2) The sentence referred to in paragraph 1 of this Article shall be imposed on anyone orders any of the foregoing offenses.
Article 91 War Crimes
(1) Whoever violates the rules of international law in time of war, occupation or international armed conflict or an armed conflict not of an international character commits any of the following serious violations against persons or property protected by the Geneva Conventions of 12 August 1949 .:
(a) murder,
(b) torture or inhuman treatment, including biological experiments,
(c) causing great suffering, bodily injury or serious damage to the health of hard,
shall be punished by imprisonment of at least five years or by a life sentence.
(2) Whoever violates the rules of international law in time of war, occupation or international armed conflict or an armed conflict not of an international character commit other serious violations of the laws and customs applicable in international armed conflict or an armed conflict not of an international within the established framework of international law , that is any of the following acts:
(u) outrages upon personal dignity, in particular humiliating and degrading treatment, collective punishment,
(v) sexual oppression, forced prostitution, forced pregnancy, forced sterilization or other sexual violence also constituting a serious breaches,
shall be punished by imprisonment for three years.
(3) The punishment referred to in paragraph 1 of this Article shall be inflicted offense under paragraph 2 of this Article against a large number of people or in a particularly cruel or insidious way, out of greed or other base motives.
(4) If an order to commit the offense referred to in paragraphs 1, 2 or 3 of this Article shall be punished as if he himself had committed.
Article 105 Slavery
(1) Whoever violates the rules of international law, places another in slavery or in a similar status or keeps him in such a status, buys, sells, gives or mediates in the purchase, sale or handing over of such a person or induces someone else to sell his freedom or freedom of the person who is maintained or about her care,
shall be punished by imprisonment for one to ten years.
(2) Whoever transports people who are in slavery or similar relation, shall be punished by imprisonment for six months to five years.
(3) If the offense referred to in paragraphs 1 and 2 against a child, shall be punished by imprisonment for three to fifteen years.
Article 106 Trafficking in Human Beings
(1) use of force or threats, deception by fraud, abuse of power or of a position or relationship of dependency, by giving or receiving monetary compensation or benefits to achieve the consent of a person having control over another person, or otherwise crimp, bandage, , transfers, harbors or receives a person or exchanges or transfers control of the person to take advantage of her work through forced labor or servitude, establishing slavery or similar status, or to its exploitation for prostitution or other forms of sexual exploitation, including pornography or for the conclusion of unauthorized or forced marriage, or in order to take parts of her body, or to its use in armed conflicts or for the perpetration of unlawful actions shall be punished by imprisonment for one to ten years.
(2) The sentence referred to in paragraph 1 of this Article shall be imposed on who recruits, transports, transfers, harbors or receives a child, or exchanges or transfers control of the child to take advantage of his work through forced labor or servitude, establishing slavery or similar status, or for its exploitation for prostitution or other forms of sexual exploitation including pornography or for assembly or unauthorized or forced marriage illegal adoption, or for the taking of the parts of his body, or to its use in armed conflicts.
(3) If the offense referred to in paragraph 1 of this Article is committed against a child, or the criminal offense referred to in paragraph 1 or 2 of this Article committed by an official in the performance of his duties or is committed against a larger number of persons, or the knowingly endangered the life of one or more persons, shall be punished by imprisonment of three to fifteen years.
(4) The punishment referred to in paragraph 1 of this Article shall be imposed on anyone, knowing that the person is a victim of humantrafficking used her services as a result of one of the forms of its exploitation referred to in paragraphs 1 and 2 of this Article.
(5) Whoever, with intent to facilitate the commission of offenses referred to in paragraphs 1, 2 and 3 of this Article shall maintain, suspend, conceals, damages or destroys a passport or identity document of another person, shall be punished by imprisonment of up to three years.
(6) An attempt of the offense referred to in paragraph 5 of this Article shall be punished.
(7) The consent to the use of a single person on whose damage is trafficking committed no impact on the existence of this criminal offense.
Article 107. Trafficking in Human Body Parts and Human Embryos
(1) Whoever, for the purpose of removing body parts referred to in Article 106 of this Code, procures, possesses, transports, transfers, stores, receives or transplants a human organ, tissue, cell, embryo or foetus, provided he or she knew or should and could have known that they originated from a person who was a victim of trafficking in human beings
shall be punished by imprisonment from one to ten years.
(2) Whoever, by the use of force or threat, deception, fraud, abduction, abuse of authority or a situation of hardship or dependence, procures, possesses, transports, transfers, stores or receives a human organ, tissue, cell, embryo, foetus or dead body for the purpose of removing body parts
shall be punished by imprisonment from one to eight years.
(3) Whoever, by giving of payment or other comparable benefit, procures a human organ, tissue, cell, embryo, foetus or dead body
shall be punished by imprisonment from six months to five years.
(4) The same punishment as referred to in paragraph 3 of this Article shall be inflicted on whoever, with a view to financial compensation, induces or helps another to give his or her organ, tissue, cell, embryo or foetus in exchange for payment or another benefit.
(5) Whoever removes or transplants a human organ, tissue, cell, embryo or foetus, where he /she knew or should and could have known that in exchange for it the donor had received payment or another benefit,
shall be punished by imprisonment not exceeding three years.
(6) The same punishment as referred to in paragraph 5 of this Article shall be inflicted on whoever advertises the need for or availability of a human organ, tissue, cell, embryo, foetus or dead body for the purpose of offering or requesting payment or another benefit
Article 132 Non-payment of Wages
(1) Who does not pay part or all of the wages to one or more workers, shall be punished by imprisonment of up to three years.
(2) The sentence referred to in paragraph 1 of this Article shall be imposed on whoever does not give information or gives inaccurate information to determine salaries and therefore is not paid or paid partially.
(3) The criminal offense referred to in paragraph 1 of this Article when it is to non-payment due to the inability to dispose of funds on account of the employer or the lack of funds in the account of the employer which were not incurred in order to avoid payment of wages.
(4) If the offender referred to in paragraph 1 of this Article subsequently paid arrears of salary, may be released from punishment.
(5) The salary for the purposes of this Article means the basic salary and all other benefits in cash or in kind which the worker receives on the basis of labor, in the gross amount which includes contributions from and on salaries under a special regulation.
Article 136 Unlawful Deprivation of Liberty
(1) Whoever unlawfully imprisons another person, keeps him imprisoned or otherwise restricts or limits the freedom of movement, shall be punished by imprisonment of up to three years.
(2) Whoever unlawfully restricts his freedom in order to him to an action, omission or acquiescence, shall be punished by imprisonment for six months to five years.
(3) If the offense referred to in paragraphs 1 and 2 of this Article is committed against a child, or the unlawful deprivation of liberty lasts more than fifteen days, or is committed in a cruel manner, or the person who has been illegally deprived of freedom caused serious bodily injury or is committed by officials in the execution of his duty or public authority, shall be punished by imprisonment for one to ten years.
(4) If the offense referred to in paragraphs 1, 2 and 3 of this Article the death of the person unlawfully deprived of liberty, shall be punished by imprisonment of three to fifteen years.
(5) The perpetrator who voluntarily releases the person who has been illegally deprived of freedom before he hit the target in paragraph 2 of this Article, may be released from punishment.
(6) An attempt of the offense referred to in paragraph 1 of this Article shall be punished.
Article 169 Forced Marriage
(1) Whoever coerces another person to marry, shall be punished by imprisonment for six months to five years.
(2) A person who procures a person to another country than the one where the resident to is there forced to marry, shall be punished by imprisonment of up to three years.
Note: prohibits forced labour but provides for an obligation to work in the event of war or direct threat (no text available)
Article 7 Fundamental obligations and rights arising from employment relationship
(1) The employer shall be obliged to ensure work for an employed worker and pay remuneration for the work performed, and the worker shall be obliged to perform the work following the instructions provided by the employer in line with the nature and type of work.
(2) The employer shall be entitled to determine the place and the manner of performing the work, and shall respect the worker’s rights and dignity.
(3) The employer shall be obliged to ensure safe working conditions with no detrimental effects to the health of worker, in accordance with a special law and other regulations.
(4) Any direct or indirect discrimination in the area of labour and working conditions shall be prohibited, including the selection criteria and requirements for employment, advance in employment, professional guidance, education, training and retraining, in accordance with this Act and special laws and regulations.
(5) The employer shall be obliged to protect the worker’s dignity during the work in case of acts, uncalled for and contrary to this Act and special legal provisions, of superiors, collaborators and persons with whom the worker contacts on a regular basis while performing his tasks.
Article 62
The family shall enjoy special protection of the State.
Marriage and legal relations in marriage, common-law marriage and families shall be regulated by law.
Croatia Constitutiom 1991 (Rev 2010) – Constitute Project – English (PDF)
Article 106 Trafficking in Human Beings
(1) use of force or threats, deception by fraud, abuse of power or of a position or relationship of dependency, by giving or receiving monetary compensation or benefits to achieve the consent of a person having control over another person, or otherwise crimp, bandage, , transfers, harbors or receives a person or exchanges or transfers control of the person to take advantage of her work through forced labor or servitude, establishing slavery or similar status, or to its exploitation for prostitution or other forms of sexual exploitation, including pornography or for the conclusion of unauthorized or forced marriage, or in order to take parts of her body, or to its use in armed conflicts or for the perpetration of unlawful actions shall be punished by imprisonment for one to ten years.
(2) The sentence referred to in paragraph 1 of this Article shall be imposed on who recruits, transports, transfers, harbors or receives a child, or exchanges or transfers control of the child to take advantage of his work through forced labor or servitude, establishing slavery or similar status, or for its exploitation for prostitution or other forms of sexual exploitation including pornography or for assembly or unauthorized or forced marriage illegal adoption, or for the taking of the parts of his body, or to its use in armed conflicts.
(3) If the offense referred to in paragraph 1 of this Article is committed against a child, or the criminal offense referred to in paragraph 1 or 2 of this Article committed by an official in the performance of his duties or is committed against a larger number of persons, or the knowingly endangered the life of one or more persons, shall be punished by imprisonment of three to fifteen years.
(4) The punishment referred to in paragraph 1 of this Article shall be imposed on anyone, knowing that the person is a victim of human trafficking used her services as a result of one of the forms of its exploitation referred to in paragraphs 1 and 2 of this Article.
(5) Whoever, with intent to facilitate the commission of offenses referred to in paragraphs 1, 2 and 3 of this Article shall maintain, suspend, conceals, damages or destroys a passport or identity document of another person, shall be punished by imprisonment of up to three years.
(6) An attempt of the offense referred to in paragraph 5 of this Article shall be punished.
(7) The consent to the use of a single person on whose damage is trafficking committed no impact on the existence of this criminal offense.
Article 168 – Enabling the Conclusion of Unlawful Marriage
An authorised person before whom marriages are contracted, who enables the contracting of a marriage where all statutory requirements for the existence and validity of a marriage have not been complied with, shall be punished by imprisonment not exceeding three years.Article 169 Forced Marriage
(1) Whoever coerces another person to marry, shall be punished by imprisonment for six months to five years.
(2) A person who procures a person to another country than the one where the resident to is there forced to marry, shall be punished by imprisonment of up to three years.
Article 169 – Forced marriage
(1) Whoever coerces another person to marry, shall be punished by imprisonment for six months to five years.
(2) A person who procures a person to another country than the one where the resident to is there forced to marry, shall be punished by imprisonment of up to three years.
Article 3
(1) A woman and a man have equal rights and duties in all family law relations, and especially in relation to parental care.
(2) Discrimination against sex and violence against a partner are prohibited in partnership relations.
Article 4
(1) Solidarity is a fundamental principle of family life. All family members must respect each other help.
(2) Domestic violence constitutes a particularly serious violation of the principle referred to in paragraph 1 of this Article. Prevention, control and the sanctioning of all types of domestic violence is regulated by a special law.
Article 13
(1) Marriage shall be entered into with the consent of a woman and a man in civil or religious form.
(2) A marriage in civil form shall be concluded before the registrar.
(3) Marriage in a religious form with the effects of civil marriage shall be concluded before an official of a religious community which The Republic of Croatia has regulated legal relations in this regard.
Article 23
(1) For the existence of a marriage it is necessary:
1. that the bride and groom are persons of different sexes
2. that the bride and groom have given their consent to the marriage and
3. that the marriage in civil form was concluded before the registrar or that the marriage in religious form was concluded according to the provisions of Article 13, paragraph 3 and Article 20, paragraphs 1 and 4 of this Act.
(2) If at the time of the marriage any of the preconditions referred to in paragraph 1 of this Article has not been met, no legal effects of marriage.
Article 25
(1) Marriage may not be entered into by a person who has not reached the age of eighteen.
(2) As an exception to the provision of paragraph 1 of this Article, the court may, in a non-contentious procedure, allow a person to marry who has reached the age of sixteen if she finds that she is mentally and physically mature for marriage and that in accordance with the welfare of that person.
Article 31
(1) In marriage, spouses are equal.
(2) Spouses are obliged to be faithful to each other, to help and support each other, to respect each other and maintain harmonious marital and family relationships.
(3) Spouses shall decide by agreement on the birth and upbringing of children and on the performance of work in the family community.
Article 32
(1) Spouses shall determine by agreement the place of residence and the family house or apartment in which they will live with children over by which they exercise parental care and which represents a family home for them and their children.
(2) The spouse may not alienate or encumber the family house or apartment that represents the marital property for the duration of the marriage and it is also a family home where the other spouse and their children live, over which they exercise parental care, without written consent of the other spouse with the notarization of the signature.
(3) If one spouse is the tenant of the apartment in which the spouses live together with the children over whom they exercise parental care, he cannot cancel the tenancy agreement without the written consent of the other spouse with certification signature with a notary public, unless it is an official apartment in accordance with special regulations.
(4) If one spouse refuses to give the other spouse the second consent referred to in paragraphs 2 and 3 without a justified reason of this Article, the court may, at the proposal of the spouse in non-contentious proceedings, issue a decision replacing consent of the other spouse. The court is obliged to take into account the housing needs of both spouses and children living with them and other circumstances of the case.
Article 33
Each spouse decides independently on the choice of their work and occupation.
Article 35
Spouses may have marital property and property of their own.
Article 45
(1) If the spouses have property relations after the termination of the marriage by divorce or annulment, or after the termination marriages have not been settled amicably, property relations may be settled by a court decision.
(2) If the spouses have not regulated the property relations by an agreement on the regulation of the property relations of the spouses after the dissolution of a marriage or marital union, the provisions of this Act shall apply, and if they are not regulated by this Act, the provisions of regulations governing obligatory, property and other property relations shall apply.
Article 46
(1) Movable property predominantly used by minor children shall not be taken into account when dissolving the matrimonial property, they already remain in the possession of the children, ie the parent with whom the children will live.
(2) The court may, at the request of the spouse, determine that the right to reside in the family home representing the spouse the acquis referred to in Article 32 of this Act is exercised by only one parent with joint minor children over whom parents exercise parental care.
(3) The right of residence referred to in paragraph 2 of this Article may last until the dissolution of the co-ownership of the real estate which represents a family home.
(4) When deciding on the right of residence referred to in paragraph 2 of this Article, the court may, taking into account the circumstances of the case, determine a parent who stays with their children in a family home is obliged to pay a lump sum of rent to another parent and payment of overhead costs of real estate that is a family home.
(5) When deciding on the right of residence referred to in paragraph 2 of this Article and the rent referred to in paragraph 4 of this Article, the court must proportionality, protect the right of children to live in a family home and at the same time act fairly according to the parent at whose expense the right of residence will be exercised.
(6) The court may, given the circumstances of the case, reject the request for housing referred to in paragraph 2 of this Article in the family home if the total income of the spouses could not cover the cost of separate living and living of the spouses comrades and children.
(7) Parents may request an amendment to the decision referred to in paragraphs 2 and 4 of this Article if the circumstances on the basis of whicha decision was made.
Article 47
(1) Irrespective of the form in which it was concluded, the marriage ends with the death of the spouse, by declaring the missing spouse by death, annulment or divorce.
(2) The marriage shall be terminated by annulment or divorce when the court decision on annulment or divorce becomes final.
(3) If the missing spouse has been declared dead, the marriage shall end on the day determined by a final court decision as the day of the death of the missing spouse.
(4) If a marriage concluded in a religious form is terminated in accordance with the provision of paragraph 2 of this Article, the termination of the marriage shall not affect obligations of spouses arising from the regulations of the religious community before which the marriage took place.
Article 49
(1) An action for annulment of a marriage may be filed by:
1. spouse
2. social welfare center and
3. a person who has a legal interest.
(2) Parents also have the right to sue for the annulment of a marriage entered into contrary to the provisions of Article 25 of this Act. minors.
(3) The deadlines for filing a lawsuit for the annulment of a marriage are prescribed by the provisions of Articles 374 to 376 of this Act.