The Justice and Peace Commission of the Croatian Conference of Bishops, concerning proposed legislation governing civil partnerships of same-sex couples and the laws that regulate family relations in the Republic of Croatia, aware of the importance for these areas of life to be regulated in a manner that respects human rights, especially the rights of children, again recalling that all people are equal in dignity as children of God, brothers and sisters in God’s universal fatherhood who share equally in God-given freedoms, calling for mutual respect and understanding and the need for reasoned dialogue, states the following:

1. No one denies the right of the legitimate legislative authorities to extend status and material rights to other permanent civil unions, which are not in the same situation as marital partners, if this does not endanger the existing rights of others, especially the rights of children, particularly their rights to know their ancestry and to be primarily cared for by their mothers and fathers, whenever possible. Moreover, the Civil Partnership Act must not create confusion between civil partnerships and marriages. Since these unions are different, they require different legal solutions. In this sense, we caution that the Draft of the Civil Partnership Act is being adopted without serious public discussion while that Draft makes same-sex partnerships completely equal to marriage, both for same-sex partners who will register and for those who live in informal unions. This latter solution sets a precedent in European terms and leads to legal uncertainty.

2. From legislators, we expect that they will protect the rights of children, promoting and supporting the optimal family models, and that they will refuse to introduce a “right to a child” that is not recognized by any international document on human rights. Moreover, according to the Convention on the Rights of the Child (Article 7), every child should have “as far as possible, the right to know and be cared for by his or her parents.”
The Draft of the Proposed Civil Partnership Act introduces partnership in the care of a child during the life and after the death of the same-sex partner who is the parent of the child. This is an institution that in content is identical to adoption, and is given a different name in order to deceive the public. No one can deny a parent the right to care for his or her child merely because the child lives in the household of a same-sex partnership, but the relationship of the child to third parties must be regulated not as the rights of the adults and regulations intended for adults, but instead to protect first of all the rights of the child, i.e., the wellbeing of the child. We also invite everyone to protect the dignity and rights of each child, regardless of the household in which the child lives.

3. In recent days, the Government has issued a proposed amendment to the Family Act. The position of the executive authorities is that the state is under no obligation to protect marriage but only the family life of the child and parents, in keeping with the idea that the integral family is not the fundamental social unit that is worth protecting, despite constitutional requirements. Abandoning the traditional roots of Croatian family law and uncritically adhering to some European solutions reflects an underestimation of our own system, which in application, it is true, shows a number of weaknesses but in comparison to European national standards is conceptually at a high level. In addition, a number of solutions, such as the possibility of transferring acquired parental rights to care for a child to third parties, throws the door wide open to new relationships and the disintegration of traditional families.
Among the public, the impression is that the party proposing the Draft is rejecting the majority of the objections made by the professional and academic public, competent institutions specializing in the protection of children’s rights and numerous associations of the civil society. This suggests political arbitrariness and calls into question the developmental path of the adopted family rights system.

4. Instead of weakening support for families during these times of crisis, such as the abolition of family centers, we seek for the authorities of the Republic of Croatia to expand the services of family counseling centers and implement a strong pro-family and pro-natality policy, including tax exemptions for families with children, especially with three or more children, various forms of family support and the establishment of kindergartens and assistance to families regarding education, housing and transportation. This is what is done by European countries with good demographic policies, for whom it is not the same whether or not their nations will live or will be extinguished, and whether someone else or no one will live in their countries tomorrow.

5. In conclusion, we urge all to participate actively in public debate on the new regulations governing family relations and new forms of partnerships, and in the spirit of the Constitution Gaudium et spes of the Second Vatican Council, all Christians “redeeming the present time and distinguishing eternal realities from their changing expressions, should actively promote the values of marriage and the family, both by the examples of their own lives and by cooperation with other men of good will. Thus when difficulties arise, Christians will provide, on behalf of family life, those necessities and helps which are suitably modern” (GS, No. 52).

In Zagreb, December 4, 2013

Msgr. Vlado Košić
President of the Justice and Peace Commission
Croatian Conference of Bishops