GENDER, GENDER IDENTITY, AND THE CHALLENGE OF INTEGRATING THEM INTO CROATIAN LEGISLATION

Abstract

Over the last several decades, there has been a significant development in
feminist legal theory, particularly regarding the distinction between concepts of
"gender" and "sex" and the understanding of gender equality. This development has
influenced the International, European and domestic law. Despite Croatia’s
accession to the European Union in 2013—a sui generis organisation recognised
for its leadership in promoting gender equality—the country has yet to adopt a clear
position on applying "gender" and "gender identity" in its legislation. The
Constitution of the Republic of Croatia, established in 1990, exclusively uses the
term "sex." It affirms that sex equality is among the highest values of the
constitutional order and guarantees protection against discrimination based on
"sex." Most Croatian laws also continue to reference "sex." In recent years,
however, there has been a gradual incorporation of the terms "gender" and "gender
identity" into the Croatian legislation. Notably, the Constitutional Court of the
Republic of Croatia expressly stated in its case law that the Constitution protects
sexual and gender diversity. This paper will address the main challenges associated
with integrating concepts of gender and gender identity into the Croatian legal
framework.