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Description
The Law on Misdemeanors against Public Order and Peace was passed in 1978 and contains a provision that is not in accordance with international human rights standards and foresees the punishment of persons in prostitution, while absolving sex buyers from liability. Currently, the legal procedure is to amend the Law in relation to the amount of the prevented fines, but not the content. However, the Ministry of Interior has already established a working group for drafting the new Law. In 2012 and 2016, he already proposed the proposal of the Law, and after stormy and sensationalist media headlines, the proposal was withdrawn.
Objectives of the project:
- strengthen support for human rights in the field of gender equality and prevention of gender-based violence.
- improve the position of the most vulnerable women and girls who are economically deprived, affected by various forms of violence
- Activities:
1. Drafting of a legal proposal to amend the Law based on the process of prior assessment and research into the experiences of women in prostitution, consultation with representatives of relevant institutions, the academic community, trade unions and civil society networks for the fight against violence against women.
2. Direct actions:
- informing the members of the working group for the drafting of the Law, parliamentarians about the drafted legal proposal and its foundation
- public action before the relevant institutions for the purpose of advocacy
- informing international networks for the fight against violence against women and international institutions
3. Campaign: informing the public about our demands via social media and gathering support (nationally and internationally)
Summary of project results
The Ministry of Interior (MUP) has initiated the third round of amendments to the Law on Misdemeanors against Public Order and Peace (ZPJRM). On March 17, 2023, MUP published a preliminary assessment form for the draft law on E-consultation, with the final proposal included. The relevant department overseeing the process is the Directorate for Public Order and Security. MUP also announced the formation of a working group to draft a completely new ZPJRM.
However, previous amendment processes and public debates have neglected to consider international human rights obligations and standards. Instead, discussions were sensationalized, relying on myths and unverified data rather than evidence-based approaches. Proper engagement with relevant stakeholders, particularly those with firsthand experience of prostitution, as well as organizations providing psychological and legal support, is necessary. International documents such as the EU Directive 2011/36 on trafficking prevention and protection of victims, and UN conventions like CEDAW, should also guide the process.
Research by the Center for Women War Victims – ROSA on judicial practices in Zagreb over five years revealed alarming data. Out of 841 misdemeanor cases related to prostitution, 797 were against individuals engaged in prostitution, 97.92% of whom were women. Most were given unconditional prison sentences. In contrast, only 44 cases were initiated against those facilitating prostitution, with lighter sentences like fines or conditional imprisonment.
The findings indicate that Croatia''s legal framework is discriminatory, disproportionately punishing women in prostitution, who are often victims, while showing leniency toward those enabling prostitution and largely ignoring the buyers.
In collaboration with a law firm, we analyzed the experiences of 10 women who survived prostitution and presented their trauma at a group consultation meeting. During this meeting, we proposed a draft amendment to the Law on Public Order and Peace (ZPJRM) regarding prostitution-related offenses, contributing to the promotion of international human rights standards and improving the position of economically deprived women and girls affected by violence.
We also submitted a proposal for changes to criminal offenses related to prostitution to an E-consultation platform, following the GREVIO report on Croatia, which led to amendments to the Criminal Code.
By organizing three individual consultation meetings with representatives of independent institutions, we secured the involvement of the Gender Equality Ombudsperson''s Office and the Ombudsperson''s Office in the working group for drafting the new ZPJRM. A group consultation with 54 representatives from various sectors further strengthened cross-sector cooperation.
A public action in front of Parliament on the European Anti-Trafficking Day, involving 22 representatives from 11 organizations in the PETRA Network and the Women''s Network of Croatia, highlighted the issue of trafficking for sexual exploitation. Additionally, direct advocacy efforts through the European Women’s Lobby and Brussels’ Call Initiative resulted in 89 letters of support for the Equality Model from organizations representing over 2,500 women’s rights groups worldwide.
Through the campaign "Her Future is Equality," we raised awareness about the causes and harms of prostitution and its link to human trafficking, reaching over 16,804 social media views on Instagram, Twitter, and Facebook.
These efforts have strengthened civil society and active citizenship in the field of gender equality and violence prevention, while media visibility and legislative influence have improved the situation of vulnerable women and girls affected by violence.
The proposed measures contributed to strengthening the role of civil society by creating advocacy tools based on evidence. The policy and regulatory proposals we promoted were supported by logical arguments derived from our experience working with beneficiaries, as well as qualitative and quantitative data from transparent sources that can be verified externally. Through the implementation of the proposed project, we raised awareness and informed institutional representatives about the issues facing victims of prostitution and human trafficking for sexual exploitation, improving their work and leading to better victim identification, enhanced legal assistance, and improved judicial practices in prosecuting prostitution and trafficking crimes.
The project aimed to improve judicial practices, legal aid, and support for victims by identifying key problems in the implementation of the legal framework and preparing proposals for improvements based on exact indicators and research findings. We enhanced cross-sector cooperation and strengthened democratic culture, fostering support for human rights, the rule of law, and good governance through the exchange of information, knowledge, and best practices. Additionally, we contributed to reducing social exclusion of victims of prostitution and human trafficking. Through direct, continuous, and free support services for victims, we are helping their recovery and reintegration into society.