BackThe Draft Act on Ombudsman for Children does not allow an independent work of this institution, primarily because it envisages a dismissal of the Ombudsman in case of the rejection of the annual report. Furthermore, due to a formal narrative of the Constitutional Court decision regarding annulment of the previous Act, it remains unclear why the Draft Act stipulates that the government shall at latest within 90 days from entering into force of this Act, propose to the Croatian parliament a new Ombudsman for Children. It is necessary that, instead of by the Government, the procedure for election of the Ombudsman for Children be initiated by the Croatian parliament based on public announcement.
These are a part of the opinion on the Final Proposal of the Ombudsman for Children's Act, which the Ombudswoman Lora Vidović sent on 10th July 2017 to the Croatian parliament.
Although in Croatia only the parliamentary Ombudsman complies with the strict criteria for an institution to be granted the NHRI status, it is advised to pursue the highest possible conformity with the Paris Principles while prescribing the work of special ombudsmen, in order to perform its duties independently and autonomously. UN Committee on the Rights of the Child in its Closing remarks 1996, 2004 and 2014, also recommended to Croatia to strengthen the capacity and independence of the Office of the Ombudsman for Children.
Considering the law maker’s support for the existence of the institution which shall independently and autonomously monitor and promote the rights of the child to be positive, it is obvious that the proposed draft Act does not provide for such mandate.
Council of Europe Commissioner for Human Rights Nils Muižnieks, reacted as well, stating that he understood the legal vacuum must be fulfilled but retained his concerns that the draft law might hinder the independence of this institution.
Source: Ombudsman of the Republic of Croatia
