Croatian Constitutional Court Abolishes Health (Sex) Education Curriculum

Croatian Constitutional Court  Photo: daily.tportal.hr

Croatian Constitutional Court Photo: daily.tportal.hr

As I have written in my previous posts (see links at end of this article) the sex education curriculum imposed in Croatia early this year saw a nation bitterly divided on issues covered in the curriculum; it saw the Croatian TV journalist Karolina Vidovic Kristo lose her TV show “Picture of Croatia” and suspended from duties because she offered the public information that the new sex education curriculum could contain aspects tied to research of Alfred Kinsey and pedophiles and saw dr Judith Reisman publicly ridiculed and vilified by certain pro-government persons during her visit to Croatia in support of journalist Karolina Vidovic Kristo.

What a great day for Croatia: the whole government imposed curriculum on sex and health education has been booted out of schools! A great lesson for the government and politicians that one cannot impose and keep imposing upon people that which goes against the grain and morality of the people, of the parents of children who are to be educated.

Daily.tportal.hr brings the following news:

The Croatian Constitutional Court on Wednesday 22 May abolished the Health Education Curriculum, which took effect in February, and ordered that until the adoption of a new curriculum Health Education be taught according to the curriculum that had been in force before the start of this school year.

The court assessed the constitutionality of the curriculum at the request of the civil society organisations Grozd and Reforma, the HSP 1861 party and private citizens who sought the revocation of Education Minister Zeljko Jovanovic’s decision to introduce the curriculum.

Even though only the curriculum’s Module 4, which deals with sexual and gender equality and sexually responsible behaviour, was disputed, the Constitutional Court decided to abolish the entire curriculum because the disputed points related to the entire document.

“In this case, the government has not fulfilled its procedural constitutional obligation to align the Health Education Curriculum in state schools with constitutional law and parental freedom to choose education for their children,” Judge Mato Arlovic said.
The applicants claimed that the curriculum was in violation of the Constitution, the Education Act, the Family Act and international conventions such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention on the Rights of the Child.

Related Posts:

Croatia: Journalist Karolina Vidovic Kristo nominated for Global Leadership Award

Croatia: Prime Minister’s wife’s conflict of interests and sex education in schools

Croatia: Sex Education Causes Calamitous Rift In Society

Today’s Croatian Responsibilities – No Cyrillic in Vukovar

Remember Vukovar - No Cyrillic in Vukovar  Photo: demotix.com

Remember Vukovar – No Cyrillic in Vukovar Photo: demotix.com

By Dr. Slobodan Lang (10 February 2013)
Translated into English by Ina Vukic

The most important question for today’s Croatia is, by far, that of its demographic health. A wrong diagnosis is a criminal act in medicine and a right diagnosis without therapy, is immoral. The whole truth must be determined and, on basis of that, the moset effective help needs to be set. Demographic health of today’s Croatia comprises of: maintenance and spacing of population, employment, ageing and ecology.

This is the fundamental responsibility of all citizens, of the academic community, of the economy, of religion and especially of politics. Only those political parties and politicians who offer solutions to these questions are to be supported.

Alongside of this, of course, we also need to attend to safety, to our reputation in the world and to our own dignity.

Emphasising other questions is merely diverting people’s attention, provoking conflicts and avoiding political and professional responsibility.

Satan attempted to provoke Jesus so that he materially overestimates the power and insubstantial politics. Jesus emphasised the importance of the spiritual, God’s power and personal responsibility. However, he did not persecute Satan because he knew that the only way is to find the truth and realisation of the good, and not in battles against lies and evil.

The demand for Cyrillic script in Vukovar is yet another attempt to vilify Croatia throughout the world and to divert the attention to secondary questions.

The International Criminal Tribunal for the Former Yugoslavia (ICTY) judgements on joint criminal enterprise are, today, the most important factors for relations world’s towards Croatia and for the relations between Croats and Serbs in Croatia.

Joint criminal enterprise (JCE) is a legal doctrine introduced by the ICTY in the trials against political and military leaders of former Yugoslavia, for mass war crimes, including genocide, during the wars of 1991 – 1999.

The court had assessed that without certain actions of cooperation and coordination it is practically impossible to carry out the crimes such as genocide or crimes against humanity.

In trials after World War II we find the first indication of JCE under the name of  “joint goal”.

JCE was used by ICTY for the first time at the Dusko Tadic’s judgment, 1999.

During Slobodan Milosevic’s trial the joint criminal enterprise was defined as forceful deportation of non-Serb population from the territories where Serb authorities wanted to establish or maintain Serb control.

With regards to wars in Croatia 1991 – 1995, the Tribunal considered two joint criminal enterprises, that of “Serbian forces” against Croats and that of “Croatian forces” against Serbs.

According to ICTY, “Serbian forces” had, through 1736 days (from 1st April 1991, at the latest, to 31st December 1995, at least), engaged in joint criminal enterprise with the goal that most Croats and other non-Serb population, through criminal acts be removed permanently from a large part of Croatian territory in order to create a Serb ethnic territory, which the Serb leaders called Serbian Republic of Krajina (SRK).

Participants in this joint criminal enterprise personally included: Slobodan Milosevic, Milan Martic, Milan Babic, Goran Hadzic, Jovica Stanisic, Franko Simatovic (Frenki), Vojislav Seselj, Radovan Stojcic (Badza), Veljko Kadijevic, Blagoje Adzic, Radmilo Bogdanovic, Mihalj Kertes and Zeljko Raznjatovic (Arkan).

The participants were also political leaders in the Socialist Federative Republic of Yugoslavia, Republic of Serbia, leaders of Croatian and Bosnian Serbs, as well as leaders of “Serbian forces”. “Serbian forces” are: Yugoslav People’s Army, Serbian Army of Krajina, Territorial Organisation of Republic of Serbia and special units of ministry of internal affairs/ state security of Republic of Serbia for anti-terrorist activities and special operations, “Red berets”  and/or “Frenkovians”; “Scorpions”, “Arkanovians”, “Martic’s police”, members of Serb para-military groups from Serbia, Montenegro and Bosnia (including volunteers from the Serbian Chetnik movement and/or Serb Radical Party – “Chetniks” or “Seseljovians”).

Those convicted for joint criminal enterprise so far are: Milan Babic (12th July 2005), and Milan Martic (8th October 2008), and Goran Hadzic trial is still in process.

With the acquittal of Ante Gotovina and Mladen Markac, 16th November 2012, the ICTY has forever rejected that joint criminal enterprise with the goal of permanently removing Serb civilian population from “Krajina” was carried out, through the 90 days (from July to 30th September 1995).

After this judgment, it was the duty of the President of Republic of Croatia, of Croatian Government, of Croatian Parliament, of Croatian Academy of Sciences and the Arts, of the universities and of the media to consider in its entirety the joint criminal enterprise in creating Croatia. This is particularly important because Croatian defence, the Generals and President Tudjman had prevented a much greater suffering – which is constantly denied through lies and vilification.

There are only three lines about JCE in the Croatian Wikipedia, and in the English version the indicted Croats are listed, even after they have been acquitted. How is it shown in our history textbooks? Today’s authorities have rewarded the author with the position of Croatian Ambassador in Paris for his shameful and untruthful portrait of Croatian history.

The work of the ICTY is nearing to an end. Only Goran Hadzic and Vojislav Seselj are still on trial for the war in Croatia. Six Croats and Radovan Karadzic, Ratko Mladic, Vojislac Seselj (Serbs) are still on trial for the war in Bosnia.

To date, 18 Serbs and 2 Croats have expressed their remorse for the acts they had perpetrated. Those from Croatia are Milan Babic – president of the 1991/92 self-proclaimed government of Serbian Republic of Krajina (SRK), and Miodrag Jokic – commander in the Yugoslav War Navy, which was responsible for the attack on Dubrovnik.

Milan Babic has, in stronger terms than anyone else, appraised, described and expressed remorse for JCE perpetrated by the “Serbian forces”.  Given that, as far as I know, the Croatian public is not practically aware of this, I’m giving here the most important (according to me) parts of what Babic said:

Innocent people were persecuted, innocent people were forcefully ejected from their homes and innocent people were killed.

I allowed myself to participate in the program of the worst kind against people only because they were Croats, and not Serbs.

Only the truth can give a chance to Serbian people to unload themselves from the collective shame.

These crimes and my participation in them can never be justified.

Even after I had discovered what had happened, I remained silent about it.

I come before this Tribunal with deep feelings of shame and repentance.

The regret that I feel because of that is the pain with which I must live for the rest of my life.

I can only hope that by bringing out the truth, by admitting to guilt and by expressing my remorse I can serve as an example to those who still wrongfully believe that such inhuman actions could ever be justified”.

Until Serbia condemns Memorandum of neo-Nazism, Croatia will remain endangered. At the very beginning of President Josipovic’s mandate, young Jastreb (Hawk) and I warned him not to enter into any arbitrary or superficial reconciliation. We have never been in conflict with Serbs or with Germans, but we are not prepared to come to terms with Nazism. Josipovic did not invite us for talks, but he has evidently burned himself and is now more careful. Perhaps he also doesn’t like it too much when Pupovac (Milorad) lectures him from time to time, but he doesn’t have the courage to react.

Completely unacceptable statements are coming from Serbia, from politics, from academic community and the church. Serbia, in its Constitution, needs to recognise the European borders set after Allied victory, nonaggressive solution to disputes with neighbours, reject the use of its army for aggression and persecution of other nations and express universal rights of all people. Until that happens, we can talk about relations with the neighbours, but not about friendship. Only this way Croatia respects the right of greater majority of good people in Serbia and long-term interests of all.

About 250 million people in Europe use Cyrillic; half of them are Russian. With Bulgaria’s entry into the European Union, 1997, Cyrillic (along with Latin and Greek script) had become an official script in EU.

84 languages, in the world, use Cyrillic, 37 Turkish, 23 Indo-European and the rest all the way to Eskimos. Among them is Juhuri, the language of the Jews from the hills of Caucasus.

Vuk Karadzic developed Serb Cyrillic at the beginning of the 19th century, and from 2006 it is constitutionally proclaimed as the official script of Serbia.

The attempt to introduce Cyrillic in Vukovar is an attempt to impose much lesser importance to much greater human rights (demographic health, justice and the truth about the creation of the state, security), and exclude legitimacy in the name of legality. I am not a lawyer, but I know that Huckleberry Finn was right when he helped his black friend escape from slavery, even though it was against the law of that time. To maliciously and unprofessionally call for the use of Cyrillic in Vukovar is completely unacceptable and impermissible.

Croatia should introduce Cyrillic when Serbia is accepted into the EU, the same way as … Ireland or Portugal.

Our citizens are not equal in Vukovar. For peace’s sake we gave special rights to certain people of Serb nationality. Today’s Croats are dissatisfied; they feel injustice and endangerment.

The Croatian anthem alerts us with the words: “ … Danube, do not lose your might, Deep blue sea go tell the whole world, That a Croat loves his homeland…” But Croatia has already lost a lot of Danube’s might, in Zemun and in Syrmia, and the message we send to the world is too weak.

The whole city of Vukovar is a living symbol of Croatian suffering, and the whole of Dubrovnik of Croatian culture. During the creation and defence of Croatia both have suffered particularly and we defended both, particularly. They are still not secure or equal nor connected to Croatia. At the instigation of the distinguished lawyer, politician and friend, Bosiljko Misetic, I propose that there be an immediate appointment of a non-political group of distinguished and professional people to draft special laws on Croatian Dubrovnik and Vukovar.  I propose to the president of the Republic and the Parliament to immediately call the leaders of the Peaceful Reintegration (Skare, Vrkic and Klein), the war veterans, Mr Misetic and myself regarding talks on realisation of this proposal – of course, that’s if they care about Croatian Dubrovnik and Vukovar.

Dr Slobodan Lang   Photo: Pixsell

Dr Slobodan Lang Photo: Pixsell

About dr. Slobodan Lang. Born to Jewish family 8 October 1945 in Zagreb, Croatia. Physician, author, writer, politician and former personal adviser to the first Croatian President dr. Franjo Tudjman. His paternal grandfather Ignjat was the president of the Jewish community in Vinkovci (Croatia) and his grandmother Terezija was a housewife. In 1941 Catholic priest Hijacint Bošković, distinguished Dubrovnik and Croatian Dominican, was engaged in an extraordinary attempt to rescue the Langs from Nazi persecution. Bošković traveled from Dubrovnik to Vinkovci with a special permit that allowed him to relocate the Langs to Dubrovnik. Langs grandfather refused to leave, saying that he “was the president of Jews in peace and he will stay one in the war”. Both of his grandparents were killed in the concentration camp during the Holocaust. He graduated at the University of Zagreb School of Medicine and is a specialist in social medicine. (http://en.wikipedia.org/wiki/Slobodan_Lang)
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Related post: No Cyrillic in Vukovar – Thank you!

Human Rights Easy Street in the UK

Mass grave Vukovar – unearthed 1998

Milan Sarcevic, a Serbian, is accused of taking part in the 1991 Vukovar massacre, one of the worst atrocities of the Balkans war, when up to 300 wounded Croats were beaten, executed and buried in a mass grave.

The 60-year-old first came to Britain more than a decade ago and, when refused asylum, returned to Croatia in September 2002.

Having put in another asylum claim, he returned to Britain in 2003 and his case was neglected for nearly eight years, during which time his family had settled in the United Kingdom.

He initially admitted being a Serb fighter in Croatia, later claiming he was unaware of the massacre.

But now, Daily Mail reports, Milan Sarcevic has been allowed to stay in Britain because throwing him out would violate his human rights; i.e. right to family life.

The Home Office refused his application in February last year and accused him of taking a ‘direct role in massacre of the Croatian prisoners’.

Before an immigration appeal judge he ditched his earlier story and claimed he did not know about the massacre until ten years later and that he ‘didn’t fire his gun’ during the battle for Vukovar.

The judge ruled evidence of his involvement was ‘not conclusive’ and did not warrant breaching his family rights under Article 8, saying there was evidence of his ‘strong family life’.

The judge added: ‘At best, there is a possibility that the appellant may have participated but that is not enough  to ... permit the serious interference that would result in the appellant being removed to his family life and that of those around him.’

Sarcevic’s wife has also been given the right to stay in Britain, because she has depression and is seen as a ‘suicide risk’ if returned to Croatia.

Tory MP Andrew Percy said: ‘It’s totally wrong that this man has had the opportunity to have two goes at the asylum system.

‘It’s inexplicable. It’s nonsense to use this Article 8 right to family life. He can easily go back to Serbia and enjoy a family life there.’

Article 8 of the relevant Human Rights Act:

Right to respect for private and family life

  1. Everyone has the right to respect for his private and family life, his home and his correspondence.
  2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

The learned Judge in this case, in London, seems to have ruled on Sarcevic’s rights to a family life with bias and the ruling is unsafe, in my opinion. Clearly he disregarded the point from above Cl.2. which refers to “the protection of morals”, at least. That is, given that the Judge himself admitted to the possibility of Sarcevic having participated in the heinous war crime of massacre at Ovcara, Vukovar, the minimum standard expected from a court is that its ruling does not simply and easily erase even the possibility of Sarcevic having committed war crimes. There is no protection of morality here when the possibility of Sarcevic having participated in massacres exists. Sarcevic had reportedly told the court that he had “no blood on his hands …”.  Instead of relying seemingly overwhemingly on Sarcevic’s testimony, the Judge should have called for further investigations into the matter before making his ruling on Sarcevic’s right to family life in Britain. This more so as the Home Office in UK was the authority that accused Sarcevic of taking a direct role in the Ovcara massacre in 1991. One would expect that the Home Office would not have trumped up the accusations just for fun or political games.

Certainly, there is absolutely no good morality protected by the Judge’s ruling, here. It’s more the case of shaky or suspect morality being protected.

If Sarcevic participated in Vukovar massacre 1991 he is one lucky man on Human Rights Easy Street: The UK court believed his words 100% even though it had no 100% backing for that out of his factual personal history.

This truly brings home how very vulnerable this shallow and wrong Human Rights ruling leaves the British citizens (and those of any other ‘Western’ country) amidst the torrents of asylum seekers they’re faced with every day. No one would want to deny human rights to anyone but there must be a standard of acceptable proof that an individual’s application for asylum is genuine and not an escape from prosecution for possible war crime of massacre, and the like. Ina Vukic, Prof. (Zgb); B.A., M.A.Ps. (Syd)

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