Croatia recognises femicides in its criminal code

CROATIA — Femicide will be considered a separate criminal offence in Croatia after Parliament passed an amendment to the criminal code with penalties ranging from 10 to 40 years in prison. The law makes Croatia one of the few European Union countries with specific penalties for killing women on the basis of their gender. Parliament also passed an amendment to the Protection from Domestic Violence Act, increasing the prison sentence for rape from three to eight years, among other measures against gender-based violence. The amendments were introduced in September last year, following the murder of a 20-year-old law student by a policeman she had rejected. Latest official records –from 2022– show 11 femicides in the country, but the number might be underreported since femicide was not a separate crime.

ECUADOR — The national movement Justa Libertad, made by eight feminist organisations in Ecuador, filed a lawsuit in March demanding the Constitutional Court to declare article 149 of the penal code unconstitutional. This article 149 punishes a person who has an abortion with six months to two years in prison, while it establishes penalties of one to three years’ imprisonment for anyone who performs the procedure. If the court rules that it is unconstitutional, abortion would be de facto decriminalised in the country, a strategy similar to the one followed by Mexico in 2021 and Colombia in 2022. In the country, abortion is permitted if there’s risk to the patient’s life or if the pregnancy is the result of rape. In 2021, Ecuador’s Constitutional Court demanded the National Assembly to amend the existing legislation. However, the law was partially vetoed by the conservative president at the time, Guillermo Lasso, who limited abortion access in cases of rape to up to 12 weeks.

US — The availability of the abortion pill mifepristone started to be reviewed by the Supreme Court in March, with the beginning of the suing parties’ hearings. The justices appeared sceptical about the plaintiffs’ claims of moral harm, according to US media reports, and more likely to support mifepristone’s access. The Food and Drug Administration (FDA) allows patients to obtain mifepristone prescriptions by telemedicine and receive abortion pills by mail, up to the 10th week of pregnancy. In addition, the two largest pharmacy chains in the United States, CVS and Walgreens, were authorised to sell mifepristone this year. Abortions performed with pills delivered remotely via teleconsultation are safe and effective, a University of California study published in February in Nature Medicine has shown. The study found that 97.7% of abortions were completed after the initial consultation, and 99.8% had no severe complications. This has been another argument for considering that mifepristone would not harm anti-abortion doctors.

POLAND — Polish president Andrzej Duda vetoed the bill allowing the morning-after pill to be bought over the counter. The bill was passed in February with the support of prime minister Donald Tusk, who seeks to relax existing legislation on reproductive health. However, president Duda rejected the bill claiming that it violates article 122 of the Constitution on « the level of protection of children’s health », as it allows the emergency contraceptive pill to be obtained without medical supervision or parental consent from the age of 15. Since taking office earlier this year, Tusk’s government has promised to reverse restrictions carried out by the previous administration of the conservative Law and Justice party (PiS), which limited the purchase of emergency contraception and tightened access to abortion. The government is also pushing a proposal to allow abortion up to the 12th week of pregnancy.

AFGHANISTAN — Afghanistan could resume public stoning and flogging in order to punish adulterous women, Taliban leader Hibatullah Akhundzada has suggested in an audio broadcast on national radio and television. The punishment is outlined in the regime’s interpretation of the Sharia law, which has been reinstated in the country following the Taliban’s return to power in August 2021. Afghan women and girls are also prohibited from attending classes, their access to work is limited, and they must travel with a male guardian.

AUSTRALIA — With the Senate vote in favour of a government-led reform, Australian parents will be entitled to 26 weeks of paid leave after the birth or adoption of a child in July 2026. The increase will begin this year with two additional weeks per year: parents will have 22 weeks starting in July, followed by 24 weeks in 2025 and 26 weeks in 2026. In order to encourage a balanced sharing of care responsibilities, the Paid Parental Leave Amendment Bill 2023 also raises the number of weeks reserved for each parent to four weeks, and increases the number of weeks that parents can take at the same time from two to four weeks.

GAMBIA — Almost the entire Gambian National Assembly – 42 out of 47 lawmakers – voted in favour of a bill that reverses the ban on female genital mutilation (FGM). The text must now go through a series of government committees for possible adjustments. If the bill is passed, which is likely given the strong initial key support, Gambian girls and women will see a major setback for their rights, as FGM had been prohibited in the country in 2015. FGM comprises all procedures that involve partial or total removal of the external female genitalia or the female genital organs for non-medical reasons. The practice causes severe bleeding and problems urinating, as well as infections, complications in childbirth and risk of newborn deaths, according to the World Health Organization.

IRELAND — Irish citizens missed an historic opportunity to update the national constitution by rejecting a proposal to remove the notorious « women in the home » clause in a referendum. Voters were asked whether they wished to amend two aspects of article 41. The first, known as the Family Amendment, proposed deleted language that states that the family unit is « founded » on marriage. The Care amendment involved changing a sentence in article 41.2 that states that « by her life within the home, woman gives to the State a support without which the common good cannot be achieved ». It also proposed to rewrite a clause that « mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home ». The double referendum took place on March 8, International Women’s Day. The turnout was less than half of those eligible to vote. Family amendment was rejected by 67.7%, while Care was rejected by 74%.

JAPAN — Both the Tokyo District Court and the Sapporo High Court issued landmark rulings on March 14 that may help to recognize same-sex marriage nationwide. First, the Tokyo District Court ruled that the current legal framework – the illegality of same sex marriage – affects equality and human dignity. In addition, the Sapporo High Court ruled that the Civil Code and Family Registration Act sections that do not recognise same-sex marriage are unconstitutional, as they violate articles 14.1, 24.1 and 24.2 of the Constitution. Article 14 refers to the right to equality without discrimination, while article 24 defines marriage as a union based only on the consent of both parties. As a result, the Sapporo High Court has ruled that same-sex couples should have the right to get married. This is the first time a high court in Japan declares the ban explicitly unconstitutional.

CHILE — After seven years of debate, the Chilean congress has passed a comprehensive law against gender-based violence, which aims to prevent, punish and eradicate violence against women. The text also defines gender-based violence as any action or omission that causes death, harm or suffering to women because of her gender, as well as violence against children and adolescents with the purpose of harming their mothers. The bill was due to be signed into law by President Gabriel Boric on March 8. But right-wing deputies objected to it before the Constitutional Court, arguing that the section on sex education violated the freedom of family education. The impugned section reads: « Schools must promote non-sexist and gender-equal education and, in their internal regulations and protocols, address the promotion of equal dignity and rights and the prevention of gender-based violence ». The court will have to decide whether to delete or retain it.

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