Author
According to the LITP, vulnerable groups include persons without legal capacity, children, unaccompanied children, elderly and infirm persons, seriously ill persons, disabled persons, pregnant women, single parents with minor children, persons with mental disorders and victims of trafficking, as well as victims of torture, rape or other forms of psychological, physical and sexual violence, such as victims of female genital mutilation.[1]
Screening of vulnerability
The LITP has introduced special procedural and reception guarantees.[2] It specifies that appropriate support must be provided to applicants in relation to their personal circumstances, amongst other things their age, gender, sexual orientation, gender identity, disability, serious illness, mental health, or as a consequence of torture, rape or other serious forms of psychological, physical or sexual violence, for the purpose of exercising the rights and obligations from the LITP. The procedure of recognising the personal circumstances of applicants shall be conducted continuously by specially trained police officers, employees of the Ministry of Interior and other competent bodies, from the moment of the expression of intention to apply for international protection until the delivery of the decision on the application.
At the moment, there is no further detailed guidance available in the law, nor an early identification mechanism in the form of internal guidance.
Early identification is conducted in accordance with the Article 15 LITP at the moment of the expression of intention to apply for international protection by the police officers. Police then accordingly inform the Reception Centre for Applicants for International Protection and further identification during the procedure for international protection is done by social workers of the Reception Centre as well as employees of NGOs with which the Ministry has cooperation agreements and who come into first contact with applicants when they arrive in the centres.[3] Less evident vulnerabilities such as those relating to victims of torture or trauma, victims of trafficking or LGBTI persons are much less likely to be identified in current practice.[4] The Rehabilitation Centre for Stress and Trauma (RCT) reported the lack of mental health prevention and non-availability of psychiatric facilities with an interpreter.[5] However, in April 2021, a Standard Operational Procedure (SOP) in Cases of Sexual and Gender-Based Violence (SGBV) in the Reception Centres for Applicants of International Protection entered into force. The latter was developed in cooperation with the Ministry of Interior, UNHCR, IOM, MDM-BELGIQUE, the Croatian Red Cross and the Croatian Law Centre. SOP contain procedures, roles, and responsibilities of service providers involved in the prevention and response to SGBV in the reception centres.
Regular meetings of involved organisations and the Ministry of Interior are held few times each year to discuss current trends, statistical data, actions taken to strengthen prevention of further violence and ensure adequate support for victims, actions that will be taken in coming period, annual reports on SGBV, the method of data collection and their purpose, etc.
In 2022, three meetings of the Coordination Group for Sexual and Gender-Based Violence were held to discuss recorded data on the number of cases of sexual and gender-based violence reported in receptions centres for applicants for international protection and to evaluate the efficacy of the Standard Operating Procedure for prevention and response in the case of sexual and gender-based violence in reception centres for applicants for international protection in Croatia.[6]
The Croatian Red Cross (CRC) provides psychosocial and practical support and assistance to applicants for international protection in Reception Centres for Applicants for International Protection, based on the identified needs of individuals and families. CRC identifies vulnerable groups (children, unaccompanied children, the elderly, single women, people with physical and mental disabilities, people who have experienced trauma or torture, potential victims of trafficking, victims of domestic violence) and plans work tailored to their specific needs.[7]
Unaccompanied children
The Government adopted a Protocol on the treatment of unaccompanied children on 30 August 2018.[8] The protocol aims to improve the position of unaccompanied children, provides a detailed overview of all procedures and provides guidance for all relevant actors coming in contact and working with this category of children. The Protocol elaborates in 14 chapters on the various issues in regard to unaccompanied children. According to the Ministry of Interior, an Interdepartmental Commission for the protection of unaccompanied children has been established. The Commission was established with the aim to improve inter-agency cooperation between state administration bodies and other stakeholders involved in the protection of unaccompanied children. The Commission is composed of representatives of the Ministry of Labour, Pension System, Family and Social Policy, the Ministry of the Interior, the Ministry of Science and Education, the Ministry of Health, the Office for Human Rights and Rights of National Minorities and international organisations dealing with the protection of the rights of the child or refugee rights and, civil society organisations dealing with the protection of children’s rights.
On 1 January 2019, the new Law on Foster Care entered into force, which provides for the possibility of unaccompanied children staying in a foster family.[9] According to the Ombudsperson for Children, this possibility was not used in 2020,[10] while in 2021, 3 unaccompanied children were placed in foster families[11] In 2022, only one accommodation in foster family took place.[12]
In 2022, 329 unaccompanied children were accommodated in reception centres for applicants of international protection, and 107 in social care homes.[13]
In May 2019, the coordinating body of the Interdepartmental Commission for unaccompanied minors held a meeting that was attended by representatives of the competent central authorities of the State administration and other stakeholders involved in the protection of unaccompanied children.[14] UNICEF reported that they participated in the work of Commission which met twice during 2019, however without significant and concrete results.[15] In 2020, the Commission met once to discuss the relocation of children from Greece and to plan future activities relating to the protection of unaccompanied children. However, that did not result in a significant change in the quality of protection unaccompanied children or in productive proposals for improving the position of unaccompanied children in Croatia. Also, experts from institutions where unaccompanied children are accommodated do not participate in the work of the Commission and they are mostly acquainted with the problems of these children. The cooperation of the Commission and institutions is only triggered in crisis situations when there is a lack of capacity so it is necessary to find additional accommodation for unaccompanied children.[16] According to the Ombudsperson for Children, the Commission for unaccompanied minors did not meet in 2021.[17] A new commission was established by a decision of the Government of the Republic of Croatia on 5 January 2022.[18] The decision states that the goal of the Commission is to improve the interdepartmental cooperation of competent authorities and other stakeholders involved in the protection of unaccompanied children.
At the 115th session of government held on 27 April 2022, the Croatian Government adopted a Decision on the appointment of a representatives of the Interdepartmental Commission for the Protection of Unaccompanied Children,[19] in accordance with the Protocol on the Treatment of Unaccompanied Children. The first session was held on 24 May 2022 at the Ministry of Labour, Pension System, Family and Social Policy.[20]
According to the Ombudswoman for Children, the new Commission met twice in the course of 2022 to discuss the following topics: children from Ukraine, difficulties in including unaccompanied children in the education system, accommodation of children in social care homes for children with behavioural problems, appointment of special guardians, assessment of children’s age and initial health examination.[21]
On the World Refugee Day, in 2022, the Ombudsperson for Children and UNHCR organized a joint Round Table entitled “Protection of Asylum Seeker, Refugee, and Stateless and at-risk Children in Croatia: Current issues and the way forward,” in Zagreb. The event served to emphasize key positive developments and areas for improvement in the child protection system in Croatia.[22]
In 2021, the Ministry of Interior and the Ministry of Labour, Pension System, Family and Social Policy issued Instruction on the Treatment of Unaccompanied Children, which was disseminated to the MoI Border Directorate, police administrations and stations and centres for social welfare.[23]
In 2021, Centre for Peace Studies, Rehabilitation Centre for Stress and Trauma, together with an independent expert prepared a Policy brief on the protection of unaccompanied children in the Republic of Croatia.[24] Based on the analysis of the current situation, the following recommendations for improvement of the system of protection of unaccompanied children were given: to develop a new National Strategy for the Rights of the Child, to develop a Plan for capacity building of alternative care for unaccompanied children, to establish uniform records and consistent and systematic collection and recording of data on unaccompanied children in the Republic of Croatia, to encourage and support advocacy activities of CSOs and the entire professional community, aimed at raising public awareness on the needs of unaccompanied children and improving cultural competencies and sensitivity of the professional and general community and to develop a new Migration Policy.
In June 2021, the Croatian Law Centre signed a cooperation agreement with the European Federation for Missing and Sexually Exploited Children (Missing Children Europe) related to the project on so-called Miniila application. The purpose of this application is to inform children in simplified language adapted to them about their rights and explain to them the procedures such as the procedure for granting international protection and family reunification, and also give them an overview of the organisations in the country, which they can contact for information and services they need (e.g. information on the asylum system, support in cases of trafficking and sexual violence, language learning etc.). The application is available in five languages Farsi, English, Arabic, French and Tigrinya).
According to the report of the Ombudswoman for children, in 2022, 4,773 children requested international protection, which represented a significant increase compared to 2021. Out of the total number of children seeking international protection, 436 were unaccompanied. 74 of them were aged 14-15. A total of 104 applications for international protection were submitted by unaccompanied children. Out of that number, the procedure was suspended for 32 child applicants, two applications were rejected, while 70 applications were pending at the end of 2022. International protection was granted to 17 children, one of whom unaccompanied. Regardless of the year the application was submitted, in 2022, 121 decisions were issued for unaccompanied children seeking international protection. Of these, one was positive, 116 procedures were suspended (due to withdrawal of applications), three applications were rejected, and one was annulled.[25]
According to report of Ombudswoman for children for 2022, from the data of the Border Violence Monitoring network, it appears that at least 120 children experienced pushback during 2022. Civil society organizations warn that younger children were exposed to psychological and verbal violence, and older to physical violence. Nevertheless, some non-governmental organizations reported to the Ombudswoman that in 2022 they received significantly less calls concerning children.[26]
During 2022, the Croatian Red Cross continued the implementation of two projects aimed at supporting unaccompanied children and experts working with unaccompanied children – “Integrative support for unaccompanied children”, co-financed by the European Union from the European Social Fund and “Access to protection for asylum seekers and refugees” financed by UNHCR. CRC provided psychosocial support and tracing services to unaccompanied children accommodated in social welfare institutions throughout Croatia and reception centres for applicants for international protection.
Since unaccompanied children accommodated in social welfare institutions often do not have customized services and interpreters available, CRC mobile team conducted a large number of visits to children placed in those institutions. A mobile team composed of a psychologist or social worker, an interpreter and expert from the Tracing Service carried out an initial assessment of the needs of unaccompanied children.
The initial needs assessment was carried out with each child involved in the projects in order to collect information about the child, determine the circumstances, needs and priorities. For some of the children who expressed a desire for further support or needed additional information, the provision of individual support continued.
CRC activities included provision of individual and group psychosocial support, distribution of humanitarian aid (clothing and footwear, school supplies and equipment for sports activities, mobile devices), services of the Tracing Service (enabling contact with family members, distribution of SIM cards and vouchers for mobile phones, assistance in family reunification process), involvement in activities in the local community (help with enrolment in sports clubs and paying membership fees, socializing with fellow volunteers, participation in various social activities (trips, bowling, cinema, amusement parks, etc.) and other activities depending on the specific needs of the child.
In addition, CRC provided support to their guardians, primarily in the area of family reunification, but also in matters related to access to the health and education systems.
In 2022, CRC participated in the work of the Interdepartmental Commission for the Protection of Unaccompanied Children, in which CRC is one of the representatives of the non-governmental sector and can present observed difficulties and possible examples of good practice in order to work on improving cooperation and protection of unaccompanied children.[27]
In the course of 2022, the problems with the inadequate accommodation of unaccompanied children continued. The Croatian Red Cross (CRC) and Centre for Peace Studies reported continued problems of inadequate accommodation provided to unaccompanied children.[28] CRC reported that most children who were older than 16, were placed in reception centres for applicants for international protection, together with adults where they were at risk of potential exploitation and abuse.
CRC stressed that the various accommodation capacities are lacking interpreters and often do not provide services for children that are adapted to their age and needs.
Victims of sexual and gender-based violence
Between October 2018 and March 2020, IOM implemented the project ”PROTECT – Preventing SGBV against migrants and strengthening support to victims”.[29] The project, that aimed at strengthening the capacity and coordination of existing national support services for sexual and gender based violence, as well at facilitating access to such services for refugees, migrants and applicants for international protection affected by SBGV, ended in March 2020. During the course of the project IOM Croatia organised sixteen capacity building trainings on SGBV and migration for first responders (i.e. border police, employees of the Ministry of the Interior and NGOs working in the Reception Centre), specialised service providers (i.e. social workers, psychologists, social pedagogues working in the Centres for Social Welfare, Home for Children, NGOs working with the victims of SGBV) and general service providers (i.e. teachers and other school and kindergarten employees, interpreters, various NGOs working with migrants) and reached 216 people.
The PROTECT project developed country-specific information material on sexual and gender-based violence tailored to adults and children needs. These include:
1) a two-minute animated film which explains SGBV, designed for migrant audiences, and with subtitles available in Croatian and other languages (English, Arabic, Farsi, Pashto, Urdu, French, Russian, Italian, Somali, Albanian, Bulgarian, Spanish, Ukrainian, Tigrinya, Turkish, Kurdish (Kurmanji);[30]
2) The tailored material presents the services locally available i.e. the leaflet for adults on sexual and gender-based violence in English Arabic, Pashto, and Farsiand the one for children is also available in English, Arabic, Pashto and Farsi.[31]
Moreover, in 2020, as part of the project implemented by MDM-Belgique entitled: “Empowering Women and Children in the migrant population to take ACTion against sexual and gender-based violence (We ACT)”, guidelines for dealing with cases of sexual violence against women and children was prepared by the MDM-Belgique Team. The content of guidelines was incorporated in the Standard Operational Procedure in Cases of Sexual and Gender-Based Violence in the Reception Centres for Applicants of International Protection”.[32] The Standard Operational Procedure was developed in cooperation with the Ministry of Interior, UNHCR, IOM, MDM-BELGIQUE, the Croatian Red Cross and the Croatian Law Centre. It entered into force in April 2021.
In 2022, UNHCR Croatia also carried out capacity-building activities with key stakeholders dealing with refugees, more specifically through trainings on gender-based violence, protection from sexual exploitation and abuse (PSEA), the fight against human trafficking and communication with communities. The activities involved state and non-governmental employees, members of the Coordination group for sexual and gender-based violence, operators of the 112-emergency telephone line and the newly established telephone line run by UNHCR and partner Croatian Law Centre specifically for Ukrainian refugees. In addition to the above, numerous informative materials on the mentioned areas were created and their distribution ensured. Furthermore, UNHCR and the Council of Europe (CoE) organized an online event on the topic ‘Preventing, combating and responding to gender-based violence in the context of asylum and migration’, which gathered experts and key stakeholders of the system who encounter gender-based violence issues in their work.[33]
In 2022, the Governmental Office for Gender Equality, in cooperation with the Ministry of Interior and UNHCR, published a leaflet intended to inform victims of gender-based violence about available protection options and services. The leaflet is intended primarily for female migrants, refugees and applicants for international protection, although it acknowledges that gender-based violence can be committed against men, and is available in 8 languages (Arabic, Croatian, English, Farsi, French, Kurdish, Turkish and Urdu).[34]
Within the framework of the project financed by UNHCR, in 2022 CRC prepared short guide on gender-based violence. The document covers the legislative framework for the prevention and suppression of gender-based violence in Croatia in the context of applicants and beneficiaries of international protection. The document also contains recommendations that aim to increase the capacities of the competent ministries, institutions and organizations that deal with the issue of domestic violence.[35]
Victims of trauma and mental health issues
In 2019, Médecins du Monde (MDM-Belgique) published a study on the mental health of applicants for international protection in Croatia.[36] The aim of this study was to examine the level of psychological distress, anxiety, depression and post-traumatic symptoms on the sample of applicants accommodated at the Reception Centre for Applicants for international protection in Zagreb.
In 2020, MdM published the report „Everyone has the right to healthcare – model of healthcare mediation/support intended for asylum seekers in Croatia”.[37] The report presented the healthcare mediation/support model for applicants for international protection in Croatia which was initiated and set up in 2016 by the organisation Médecins du Monde ASBL – Dokters van de Wereld VZW (MDM-Belgique) in partnership with the Ministry of Health and the Ministry of the Interior of the Republic of Croatia. The report describes the different components of this model as well as its results in terms of improved access to healthcare for applicants in Croatia, but also different challenges tackled between 1 November 2018 and 31 July 2020.
In May 2023, MdM issued publication “Physical and mental health of applicants for international protection in the Republic of Croatia – new trends, observations, challenges and recommendations”, developed with support of the European Union’s Asylum, Migration and Integration Fund and Government of Croatia (Ministry of Health).[38]
In 2021, the Rehabilitation Centre for Stress and Trauma (RCT) reported that the identification of vulnerable applicants, including victims of torture, is not implemented in accordance with established standards.[39] Consequently, applicants for international protection who are victims of torture are not provided with the necessary treatment and access to appropriate medical and psychological rehabilitation and care. In addition, according to RCT, the health and social care system does not address the rights and needs of victims of torture as a vulnerable group.
Age assessment of unaccompanied children
The LITP foresees the possibility of an age assessment procedure if, during the procedure for international protection, doubt arises regarding the age of an unaccompanied child.[40] The assessment of the child’s age shall be conducted on the basis of the information available on the child, including the expert opinions of persons involved in work with the child. If the information available is insufficient, a medical examination shall be conducted, with the prior written consent of the child and the guardian. The medical examination shall be conducted by means of a physical examination, X-ray of the teeth and/or hands, with full respect for the dignity of the unaccompanied child. An unaccompanied child shall be informed in writing in a language which he or she may justifiably be presumed to understand and in which he or she is able to communicate about the manner of examination and its possible consequences for his or her health, the consequences of the results of the medical examination for his or her application, as well as the consequences of unjustified refusal. In the case of unjustified refusal of consent, the unaccompanied child shall be deemed to be an adult applicant. The application cannot be refused exclusively on the basis of the fact that consent to perform a medical examination was not given. During the medical examination, an unaccompanied child who does not understand Croatian shall be provided with a translator/interpreter for a language which he or she may justifiably be presumed to understand and in which he or she is able to communicate. The costs of the medical examination shall be borne by the Ministry. If, even following the results and report on the medical examination undertaken, there is still doubt regarding the age of the minor, the concept of benefit of the doubt shall be applied.
In relation to appeal to the age assessment outcome, the Ministry stressed that in case of doubt in the opinion of the doctor, new medical check would be initiated. The Ministry also emphasises that in such case, the concept of benefit of the doubt shall be applied.[41]
According to the Ministry of Interior, in 2017 and 2018, the age assessment procedure was not conducted.[42] No information is available for the period from 2019 until the end of 2022.
[1] Article 4(1)(14) LITP.
[2] Article 15 LITP.
[3] ECRE, Balkan route reversed, December 2016, 26.
[4] Ibid, 24.
[5] Information provided by Rehabilitation Centre for Stress and Trauma, 18 January 2023.
[6] Croatian Law Centre, The Croatian Asylum System in 2022 – National Report. The report was prepared as part of the project “Legal Assistance and Capacity Building for Access to Territory and Asylum in Croatia“, with financial support of the UNHCR Croatia: available in English at: https://bit.ly/434T7RL.
[7] Croatian Red Cross, Annual report for 2022, available at: https://bit.ly/3MNYjmG, 77.
[8] Protokol o postupanju prema djeci bez pratnje, 30 August 2018, available in Croatian at: https://bit.ly/2DEgBEu.
[9] Official Gazette 115/18
[10] Ombudsperson for Children: Report on the work of the Ombudsman for Children in 2020, March 2021, available online as of 7 April 2021 at: https://bit.ly/32B5hEQ.
[11] It is not clear whether they were applicants for international protection. Ombudsperson for Children: Report on the work of the Ombudsman for Children in 2021, available in Croatian: https://bit.ly/3jonKNp.
[12] Ombudsman for children report for 2022, available in Croatian at: https://bit.ly/43C5ZPL.
[13] Ombudsman for children report for 2022, available in Croatian at: https://bit.ly/43C5ZPL.
[14] EMN, Bulletin, July 2019 available at: https://bit.ly/39MwSV1.
[15] Information provided by UNICEF, 8 January 2020.
[16] Ombudsperson for Children: Report on the work of the Ombudsman for Children in 2020, March 2021, available online as of 7 April 2021 at : https://bit.ly/32B5hEQ
[17] Ombudsperson for Children: Report on the work of the Ombudsman for Children in 2021, available in Croatian: https://bit.ly/3LW66Nf.
[18] Government of the Republic of Croatia, Decision on the establishment of the Interdepartmental Commission for the Protection of Unaccompanied Children, available in Croatian at: https://bit.ly/3JuF1Pu.
[19] Decision on the appointment of the president, deputy president, secretary, members and deputy members of the Interdepartmental Commission for the Protection of Unaccompanied Children, Official Gazette 52/2022, available at: http://bit.ly/3K4rMIX.
[20] EMN, Bulletin n. 39, April – June 2022, available at: https://bit.ly/4047pBf.
[21] Ombudsman for children report for 2022, available in Croatian at: https://bit.ly/43C5ZPL.
[22] Croatian Law Centre, The Croatian Asylum System in 2022 – National Report. The report was prepared as part of the project “Legal Assistance and Capacity Building for Access to Territory and Asylum in Croatia“, with financial support of the UNHCR Croatia: available in English at: https://bit.ly/434T7RL.
[23] Ombudsperson, Annual report 2021, available in Croatian at: https://bit.ly/3rcoPfF.
[24] Policy brief on the protection of unaccompanied children in the Republic of Croatia, available at: https://bit.ly/3E3FpTX.
[25] Ombudsman for children report for 2022, available in Croatian at: https://bit.ly/43C5ZPL.
[26] Ibid.
[27] Information provided by Croatian Red Cross ,18 January 2023.
[28] Information provided by Croatian Red Cross and Centre for Peace Studies, 18 January 2023.
[29] Information on the project available at: https://bit.ly/3at8KcS.
[30] The videos are available on YouTube in all mentioned languages here: https://bit.ly/3gqYuG7.
[31] The PROTECT project, see the English versions available at: https://bit.ly/3yaMVsW; and for children at: https://bit.ly/3omPXWB.
[32] Information provided by MdM, 17 January 2021.
[33] Croatian Law Centre, The Croatian Asylum System in 2022 – National Report. The report was prepared as part of the project “Legal Assistance and Capacity Building for Access to Territory and Asylum in Croatia“, with financial support of the UNHCR Croatia: available in English at: https://bit.ly/434T7RL.
[34] Office for Gender Equality: The Office for Gender Equality published a leaflet for female migrants, refugees and asylum seekers, available at: http://bit.ly/3FNHzte.
[35] Croatian Red Cross, Annual report for 2022, available at: https://bit.ly/3MNYjmG
[36] MdM, Nearing a point of no return? Mental health of asylum seekers in Croatia, February 2019, available at: https://bit.ly/2XeDQiD.
[37] Médecins du Monde, “Everyone has the right to healthcare – model of healthcare mediation/support intended for asylum seekers in Croatia”, 2020, available in English at: https://bit.ly/3sHCIA9.
[38] MdM Publication Physical and mental health of applicants for international protection in the Republic of Croatia – new trends, observations, challenges and recommendations available in Croatian at: https://bit.ly/42ZH8F2 and in English at: https://bit.ly/43QN988.
[39] Information provided by the Rehabilitation Centre for Stress and Trauma, 14 January 2022.
[40] Article 18 LITP.
[41] Information provided by the Ministry of Interior, 2 March 2017.
[42] Information provided by the Ministry of Interior, 13 February 2018, 28 January 2019.