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

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.