In Croatia, marriage and common-law marriage are treated equally.
Life partnerships and informal life partnerships are also recognized as equal forms of partnership.
According to the European Convention on Human Rights, the Constitution of the Republic of Croatia, and the Croatian laws guaranteeing equality and the prohibition of discrimination, all rights granted to common-law spouses must also belong to life partnerships and informal life partnerships.
Therefore, life partnerships and informal life partnerships in Croatia have the right to equal treatment before the law, just like marriage and common-law unions.
Under the European Convention on Human Rights (Art. 8 and 14), the Constitution of the Republic of Croatia (Art. 3 and 14), the Life Partnership Act (Art. 6(3), Art. 37(2) and (4)), the Anti-Discrimination Act (Art. 1, 2, 8, and 9), and the Sex Equality Act (Art. 6 and 7), life partnerships and informal life partnerships are protected from discrimination and must have equal access to all rights under special laws, on the same basis as marriage and common-law marriage, unless an objective, legitimate, and proportionate reason for distinction is clearly demonstrated.
According to the case law of the European Court of Human Rights (Vallianatos and Others v. Greece, Oliari and Others v. Italy, Pajić v. Croatia, Taddeucci and McCall v. Italy, Buhuceanu and Others v. Romania, Fedotova and Others v. Russia), unmarried different-sex and same-sex couples must be treated equally. Once a state grants certain rights to unmarried different-sex couples, it must extend those same rights to same-sex couples, unless it can prove an objective and proportionate justification. Otherwise, it violates the European Convention, which guarantees the right to respect for private and family life and prohibits discrimination (Articles 8 and 14).
In the Croatian context, this means that all rights available to common-law spouses must also apply to both life partners and informal life partners.
Common-law marriages have been equalized with marriage under the Family Act (Article 11). Therefore, life partnerships are equal to marriage, and informal life partnerships are equal to common-law unions.
The European Convention on Human Rights and the Constitution of the Republic of Croatia allow lawmakers to limit certain rights of life partnerships only if such restrictions are objectively justified, legitimate, proportionate, and necessary in a democratic society.
Courts and public authorities must interpret and apply all laws equally and without discrimination, including by treating life partnerships and informal life partnerships the same as married and common-law couples. Although equality and non-discrimination are guaranteed by international conventions, the Constitution, and domestic laws, the practical realization of these rights often depends on the wording of each specific law and the way it is interpreted by courts and institutions. In practice, social attitudes frequently influence whether authorities interpret laws literally or in line with equality principles.
U praksi se i dalje javljaju brojna ograničenja u primjeni posebnih zakona koji uz brak i izvanbračnu zajednicu ne spominju i životna ni neformalna životna partnerstva. Neki od njih su zakoni koji uređuju udomiteljstvo djece, medicinski pomognutu oplodnju i posvojenje djeteta.
Sudske presude mogu ispraviti nepravde u pojedinačnim slučajevima, ali ne mogu trajno riješiti problem za cijelu hrvatsku LGBTIQ zajednicu. Presuda u korist jednog životnog partnerstva ili pravedna primjena nekog od posebnih zakona ne znači da je problem sustavno riješen, jer hrvatski pravni poredak ne počiva na presedanskom pravu u kojem bi odluke redovnih sudova obvezivale u budućim slučajevima.
The decisions of the Constitutional Court of the Republic of Croatia are binding and establish legal positions that all public authorities must follow.
The decisions of the European Court of Human Rights are binding on all states that have signed the European Convention on Human Rights, including Croatia. The Court may require a state to amend its laws or introduce measures to prevent future violations of the Convention.
Nevertheless, this does not guarantee that every public authority will be aware of and consistently apply these decisions when interpreting the law. Until the laws are amended by the Croatian Parliament, their implementation will remain inconsistent, unpredictable, and at risk of discrimination.
Marriage and common-law marriages are unions between two people of different legal sex, while life partnerships and informal life partnerships are between two people of the same legal sex.
Persons aged 16-18 can marry with parental consent, but only adults over 18 can enter a life partnership. This distinction is justified by the interest of protecting children who may be born in underage different-sex relationships.
Partners in life or informal life partnerships cannot jointly adopt a child because there is no legal basis granting them the right to adopt a child.
A social parent in a life partnership cannot become a legal parent through the second-parent procedure available to married couples. They can apply for legal recognition as a partner-guardian. The partner-guardian status grants the same parental rights and duties as a parent.
If no minor children are involved, a life partnership can be dissolved before a registrar through a simplified out-of-court procedure. In different-sex marriages, if the spouses agree on parental care, property, and spousal support, their settlement may be approved in a simplified non-contentious procedure before a court.
In Croatia, laws are the source of rights, and they are adopted by the Croatian Parliament (Sabor). Legislative change requires political will and decisions at the level of political parties, coalitions, and parliamentary groups, supported by broader social support.
It is therefore crucial to elect political forces to the Sabor that are willing to propose and adopt laws upholding the equality of married and common-law unions with life partnerships and informal life partnerships. Collective pressure before and after state elections on decision-makers, together with sustained efforts to change social attitudes, can drive political and legal change.
