Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Croatia (Ratification: 1991)

1. Part II (Medical care), Article 10 of the Convention (in conjunction with Article 69). In its previous observations and subsequent to the comments received in March 1995 and April, September and November 1997 from the Union of Autonomous Trade Unions of Croatia (SSSH) the Committee noted that since the entry into force of the Health Insurance Act on 13 August 1993, a large number of workers found their health care benefits considerably reduced on the basis of section 59. This section, in the 1993 version, provides in particular that when contribution payers fail to pay their insurance contribution access to health protection funded by the Croatian Institute for Health Insurance shall be reduced to the right to emergency medical aid only. The Committee drew the Government’s attention to the fact that Article 69 of the Convention, which enumerates the cases in which benefits provided under the Convention, including medical care, may be suspended, does not refer to the situation of non-payment of contributions on behalf of the insured person. The Committee therefore asked the Government to indicate the measures taken or contemplated to bring its national legislation and practice into compliance with the Convention.

The Committee notes with satisfaction the adoption on 29 January 1999 of a law amending and supplementing the Health Insurance Act, pursuant to the decision of the Constitutional Court on 9 November 1998 to repeal the provisions of section 59(2) and (3) of the Act. This 1999 Act strengthens, inter alia, the supervision of payment of contributions and modifies a number of provisions including section 59 by abolishing in particular provisions concerning the reduction of medical care to the right to emergency medical aid only for cases of non payment of contributions. While noting that this amendment is liable to permit improved application of the Convention, the Committee nevertheless found no indications, in the Government’s latest reports, regarding the effect in practice of the amendments issued by the Act of 29 January 1999 on the problems raised by the Union of Autonomous Trade Unions of Croatia (SSSH). It hopes that the Government’s next report will contain detailed information on the application in practice of the amendments to the Health Insurance Act and, in particular, whether the Health Insurance Institute of Croatia has adopted new instructions for regional offices, health centres and doctors.

2. In its previous observation, the Committee examined the matters raised by the Association of Clubs of Military Retirees of the Union of Retirees of Croatia regarding the amount of pensions due to retired personnel of the former Federal Army (JNA) with continuous residence in Croatia. Since then, the Association of Clubs of Military Retirees of the Union of Retirees of Croatia has supplied further information in communications received in May and November 1999 and in October 2000. The Committee notes this supplementary information along with the replies on this matter provided by the Government in December 1998, February, September and December 1999, December 2000 and June 2001. In particular, it notes the pension increases since 1 January 1993 which, according to information supplied by the Government, apply to all pensions paid in Croatia, including those of army pensions of the former Federal Army. The Committee also notes the decision of the Constitutional Court of the Republic of Croatia on 20 January 1999 putting an end to the procedure of assessment of constitutionality of the provisions of sections 3 and 5 of the Act implementing the rights resulting from pension and invalidity insurance of members of the Former Yugoslav Federal Army.