9. In 2017, the Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health, Mr. Dainius Pūras, noted on his visit
to Croatia that, by 2016, about 2,800 Roma were still without permanent or temporary
residence and at risk of statelessness.5
National Law
10. Croatian nationality is regulated by the Croatian Citizenship Act of 1991.6 This Act does
not provide any specific rights, such as facilitated naturalisation, to stateless persons
based on their statelessness. Rather, it considers stateless persons on the same basis as
third country nationals.
11. A new amendment to the Croatian Citizenship Act will come into force in October 2019.
Positively, Article 5 para 2, introduces a provision stating that a child born abroad will
acquire Croatian nationality if one parent is, at the time of birth, a Croatian citizen, and
the child would otherwise be stateless. The amendment also prescribes that a stateless
person is exempt from providing proof of renunciation of foreign nationality in order to
acquire Croatian nationality.
12. The Croatian Foreigner’s Act7, in its Article 2 para 1 item 2, defines a stateless person as
‘a foreigner who is not considered as a national of any State under the operation of its
law’, which is in line with the definition contained in Article 1(1) of the 1954 Convention
on the Status of Stateless Persons. The Act also provides for a travel document for
stateless persons in Article 2 para 1 item 8. The Act refers explicitly to stateless persons
only four times, in the definition and in the context of travel documents. It does not set
out a procedure for the identification and determination of statelessness.
13. In terms of other relevant national law, the Constitution of Croatia8 states that stateless
persons may access shelter in the Republic of Croatia, but neither the Act on Free Legal
Aid9 nor the Act on Obligatory Health Insurance and Protection of Foreigners provide for
access to legal aid or healthcare for stateless persons. The Act on International and
Temporary Protection 10 mentions stateless persons in the context of the right to
international protection, asylum or subsidiary protection.
4 Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard
of physical and mental health on his visit to Croatia, A/HRC/35/21/Add.2. para 106.
5 Foreigner’s Act: https://www.zakon.hr/z/142/Zakon-o-strancima (Official Gazette 130/11, 74/13, 69/17,
46/18).
6 Croatian Citizenship Act: https://www.zakon.hr/z/446/Zakon-o-hrvatskom-dr%C5%BEavljanstvu (Official
Gazette 110/15). Available in English at: https://www.refworld.org/docid/5ac3799f4.html
7 Foreigner’s Act: https://www.zakon.hr/z/142/Zakon-o-strancima (Official Gazette 130/11, 74/13, 69/17,
46/18).
8 Constitution of Croatia: https://www.zakon.hr/z/94/Ustav-Republike-Hrvatske (Official Gazette 05/14).
9 Act on Free Legal Aid: https://www.zakon.hr/z/286/Zakon-o-besplatnoj-pravnoj-pomo%C4%87i (Official
Gazette 143/13)
10 Act on International Protection and Temporary Protection: https://www.zakon.hr/z/798/Zakon-ome%C4%91unarodnoj-i-privremenoj-za%C5%A1titi (Official Gazette 127/17)
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