Pregledni rad
https://doi.org/10.31141/zrpfs.2023.60.148.367
Application of the principle of non-discrimination in the drafting of general normative acts with special reference to the regulation of financial asistance on the occasion of the birth of a child
Lana Ofak
orcid.org/0000-0001-7585-6370
; Sveučilište u Zagrebu, Pravni fakultet
Sažetak
The aim of this paper is to explore the way in which the principle of non-discrimination is
applied in the drafting of general normative acts. The principle of non-discrimination is one of the
main elements of the rule of law. The prohibition of discrimination is prescribed by the Constitution
of the Republic of Croatia, as well as relevant international sources for the protection of human
rights. All regulations and general normative acts in the Republic of Croatia must comply with
the requirements contained in the prohibition of discrimination. The paper begins with reference
to the main legal sources of prohibition of discrimination in the Republic of Croatia (Constitution,
Convention for the Protection of Human Rights in Fundamental Freedoms and legal sources of
the European Union). These legal sources will be compared to each other and differences in the
protection they provide against discrimination will be identified. Although there are other significant
international treaties that also prescribe the prohibition of discrimination, due to the complexity of
the topic they will not be discussed in this paper. For the same reason, the paper will not be able to
deal with all types (forms) of discrimination, but only formal and material, and direct and indirect
discrimination. The paper will also clarify the so-called discrimination test, which examines whether
there are possible justifications for different treatment. The last part of the paper will analyze the
provisions of general acts of individual local self-government units in which one-time financial
assistance on the occasion of the birth of a child is regulated in a discriminatory way. This area was
chosen bearing in mind that Ombudsperson and specialized Ombudspersons for Gender Equality
and Children, every year deal with the complaints of parents who are considered discriminated
against in view of the conditions prescribed by local self-government units for the exercising this
right.
Ključne riječi
prohibition of discrimination; general acts of local self-government units; Convention for the Protection of Human Rights and Fundamental Freedoms; Protocol No. 12 to the Convention; Charter of Fundamental Rights of the European Union; Anti-Discrimination Act; Act on Maternity and Parental Benefits; Financial Assistance on the Occasion of the Birth of a Child; Ombudsperson; Specialized Ombudspersons for Gender Equality and Children.
Hrčak ID:
308309
URI
Datum izdavanja:
29.9.2023.
Posjeta: 331 *