In Croatia, 2024 was characterized by the unwillingness of the legislature to regulate women’s right to abortion with appropriate law. In the Republic of Croatia, abortion is regulated by the Law on Health Measures in Implementation of the Right to Decide on Childbirth, adopted in 1978. The law was passed when the Republic of Croatia was still part of the Socialist Federal Republic of Yugoslavia. Owing to the new constitutional and legal framework after the establishment of the Croatian state, it is clear that the law mentioned above needs to be updated and adapted to the new order. In its Ruling of February 21, 2017, the Constitutional Court ordered the Croatian Parliament to pass a new law on abortion within two years. Since there are no sanctions for the Parliament concerning noncompliance with this deadline, it is not surprising that six years after the decision of the Constitutional Court, a new law has not yet been adopted. This reluctance of the legislature is because it is an issue that deeply divides the nation. The purpose of this paper is to investigate what options are available to the Croatian Parliament when a new law on abortion is adopted. The new law must comply with the Croatian constitutional order and internationally accepted obligations in protecting human rights. Contemporary trends in the regulation of abortion in the member states of the European Union and the United States of America and their possible influence on Croatian legislation will be considered.

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Future of the Abortion in Croatia

  • Ivana Tucak,
  • Josip Berdica,
  • Laura Seleš

摘要

In Croatia, 2024 was characterized by the unwillingness of the legislature to regulate women’s right to abortion with appropriate law. In the Republic of Croatia, abortion is regulated by the Law on Health Measures in Implementation of the Right to Decide on Childbirth, adopted in 1978. The law was passed when the Republic of Croatia was still part of the Socialist Federal Republic of Yugoslavia. Owing to the new constitutional and legal framework after the establishment of the Croatian state, it is clear that the law mentioned above needs to be updated and adapted to the new order. In its Ruling of February 21, 2017, the Constitutional Court ordered the Croatian Parliament to pass a new law on abortion within two years. Since there are no sanctions for the Parliament concerning noncompliance with this deadline, it is not surprising that six years after the decision of the Constitutional Court, a new law has not yet been adopted. This reluctance of the legislature is because it is an issue that deeply divides the nation. The purpose of this paper is to investigate what options are available to the Croatian Parliament when a new law on abortion is adopted. The new law must comply with the Croatian constitutional order and internationally accepted obligations in protecting human rights. Contemporary trends in the regulation of abortion in the member states of the European Union and the United States of America and their possible influence on Croatian legislation will be considered.