Lesbian, gay bisexual, and transgender (LGBT) persons in Croatia may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Croatia, but households headed by same-gender couples are not eligible for the same legal protections available to opposite-gender couples.
Croatia, as a whole, is still considered to be rather conservative, especially in public reactions regarding lesbian, gay, bisexual, transgender (LGBT) rights and visibility of LGBT people. In the last few years there has been no mass organized or group violence towards LGBT activism and manifestations, however, hate speech and severe incidents against LGBT community and individuals occasionally happen. Despite all that there has been a significant improvement in terms of gay rights since the first LGBT pride in 2002. Republic of Croatia bans all anti-gay discrimination, unregistered cohabitations have been introduced, and more and more politicians and celebrities support LGBT rights, with some decided to go out of the closet.
Law regarding same-sex sexual activity
Same-sex sexual activity was legalised in 1977. The age of consent was equalised in 1998 when it was specified as 14 by the Croatian Criminal Code. The acts themselves ban "sexual relations with a child" while it is later defined that a child is a person under the age of 14.
Homosexuals are not banned from military service.
Recognition of same-sex relationships
There has been legal recognition of same-sex couples, which allows for unregistered cohabitation, since 2003. The law on same-sex civil unions grants same-sex partners of at least 3 years the same rights as enjoyed by unmarried cohabiting opposite sex partners (inheritance, financial support).
In early 2005, the Parliament rejected a proposal to allow civil unions. MP Lucija Čikeš, a member of the ruling HDZ, called for the proposal to be dropped because "all universe is heterosexual, from an atom and the smallest particle, from a fly to an elephant". Another HDZ MP objected on grounds "85% of the population considers itself Catholic and the Church is against heterosexual and homosexual equality". Medical profession, physical profession, and media did not support these statements, warning that all the members of Parliament have duty to vote according to the Constitution which bans discrimination. Next parliamentary elections in Croatia are due to be held on 4 December 2011, and it is very likely that civil union is going to be introduced if the centre-left coalition made up of SDP, HNS, IDS and HSU wins.
Discrimination issues
An anti-discrimination law which includes sexual orientation exists in many acts since 2003:
Penal Code (2006. Hate crime introduced in Croatia, the first hate crime definition in any European country)
- Gender Equality Law
- Law on Science and Higher Studies
- Media Law
- Electronic Media Law (anti-discrimination based on sexual orientation, gender identity and gender expression)
- Law on Same-sex Relationships
- Labour Code
- Sport Law
- Asylum Law
- The Law on volunteering (anti-discrimination based on sexual orientation, gender identity and gender expression)
- Law on Suppressing Discrimination – Anti discrimination act since 2008 (anti-discrimination based on sexual orientation, gender identity and gender expression)
In 2009, the European Committee on Social Rights found several statements in a Croatian mandatory Biology course textbook, including that “Many individuals are prone to sexual relations with persons of the same sex. It is believed that parents are to blame because they impede their children’s correct sexual development with their irregularities in family relations. Nowadays it has become evident that homosexual relations are the main culprit for increased spreading of sexually transmitted diseases (e.g. AIDS)”, or “The disease [AIDS] has spread amongst promiscuous groups of people who often change their sexual partners. Such people are homosexuals because of sexual contacts with numerous partners, drug addicts and prostitutes” to be discriminatory and in violation of Croatia's obligations under the European Social Charter.
Hate crimes legislation
Since 2006, the country has had hate crimes legislation covering sexual orientation. This law was first applied in 2007, when a man who violently attacked the Zagreb Pride parade was charged and convicted to 14 months in prison.
Police arrested a 25-year-old Josip Šitum and charged him with a hate crime for the incident of the attempted to throw five or six Molotov cocktails on Zagreb Pride in June 2007. This was the first time that someone was indicted for a hate crime since this type of crime was introduced into the Criminal Code in June 2006. Josip Šitum was sentenced by a first instance court to 14 months in prison and 14 months in mandatory psychiatric therapy in February 2008. In his defense he claimed he is "a Catholic and a believer" and that he is "troubled by events such as Gay Prides and wanted to raise awareness about this problem." The court decided to keep Šitum in custody, where he has been for about eight months, until his ruling is finalized. State Attorney's Office stated after the conviction that they are displeased with the length of the prison sentence and have asked that it be increased. On 1st July 2013 new Penal Code will be introduced with the recognition of a hate crime based on a gender identity.
Blood donation issues
According to the regulations of the Croatian institute for transfusions (Hrvatski zavod za transfuzijsku medicinu) homosexuals are banned from donating blood.
Living conditions
Acceptance for gay people is growing in the main cities, with the rural areas remaining homophobic. There exists a small gay scene around the country, which is growing rapidly, as well as a number of strong lesbian and LGBTIQ activist groups. There are a few gay clubs in Zagreb, regular gay/queer parties in Rijeka and Zagreb, and several gay friendly or gay safe spaces in the former two cities. The situation is improving, and Croatia is considered to be relatively progressive in terms of gay rights, especially comparing it to its Eastern and Southern neighbouring countries.
In 2002, 2007, 2009, and 2010 participants in Zagreb Pride experienced violent public opposition. Some LGBT rights activists criticized government for the lack of punishment of the offenders, and called this a violation of human rights. Split is also known for an incident at its 2011 gay pride. 10 000 anti-gay protesters threw rocks, tin cans, tomatoes, tear gas and glass bottles at the gay activists. Some of the activists and some reporters were slightly injured in the riot. Marie Cornelissen, a member of the Parliament of Europe, condemned the violent protesters. The activists were lead to saftey, and several hundred anti-gay protesters were arrested.
Soon after Split Pride, media led the campaign in a support for LGBT community calling everyone to "march in upcoming Zagreb Pride". Four days before Zagreb Pride march, organizers met with President Ivo Josipović. In a week after Split Pride, 10th Zagreb Pride march took place. Around 4000 people marched while many of the bystanders loudly supported the LGBT community. It was the biggest Pride rally in Croatia and took place without any violence. There are major differences in attitudes towards LGBT rights between north and the south of Croatia, where the north is far more liberal and open-minded, whereas the south is more intolerant.
Croatian President Ivo Josipović provides strong support for full gay rights, along with many other celebrities and centre-left political parties such as SDP, HNS, HSLS, Green List etc. Vesna Pusić, a member of HNS, is very popular among Croatian LGBTs, and was named a "gay friendly person of the decade" according to the votes from the LGBT community. A poll in June 2011, showed 38.3% citizens supported gay prides. Furthermore, 51.3% of citizens believe that gay prides should not be banned.
LGBT Tourism
Croatia is a major tourist centre and there are places advertised as gay friendly along the Croatian Adriatic coast. Two of the most noted are the islands of Hvar and Rab. Rab is known to be a truly naturist paradise with reports about local people being very gay friendly. Hvar was listed in the top places to visit for gay tourists. In 2008, Latin American gay couple Jose Armando and Manuel organised their wedding on that very island. A city gay guide for Zagreb has also been released, offering a list of gay and gay friendly places in the city.
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