"Humanity is the foundation of everything!"

Why is guardianship important, and when is it applied?

The institution of guardianship is crucial—it is one of the fundamental family law mechanisms designed to substitute parental care for children. For a child found on the territory of the Republic of Croatia, who is a foreign national or stateless, and without parents or a legal guardian, a so-called special guardian is appointed to ensure that their rights are protected. The goal is to guarantee them the full spectrum of rights available to Croatian citizens, meaning all children within our country’s borders.

In this context, guardianship is vital because the appointment of a guardian is only the beginning of protection. It is then necessary to secure healthcare, inclusion in the education system, and, overall, to encourage the child's integration—this applies equally to children arriving from Ukraine. A specific aspect of the current situation is the large-scale influx of children, many of whom arrive in groups. However, the response provided now is one that would be appropriate in any similar situation, offering an opportunity to draw broader lessons from this experience.

How aligned is the Croatian legal system with international standards?

Our analysis of national and international legal sources has shown that the Croatian legal system is largely aligned with international standards, but there is always room for improvement. For example, it would be beneficial for a child to receive full guardianship protection, meaning the appointment of an individual guardian. Additionally, strengthening communication channels between relevant authorities would greatly enhance their cooperation.

One of the most crucial aspects—on which we are also collaborating with the UNICEF Office in Croatia—is the training of professionals working in the field. Our qualitative research has shown that they frequently encounter complex challenges yet perform their duties exceptionally well. 

What key guidelines or messages would you highlight?

Our three main messages would be: improving the legal system, strengthening cooperation, and further educating professionals.

However, the overarching message we want to emphasize is humanity. Throughout the analysis of the legal framework, where it is impossible to remain unaffected by the hardships of families forced to flee their homes, and in conversations with key stakeholders, their commitment to working with heart and compassion has been evident. Sometimes, these are seemingly small gestures, but they make a profound difference.

Humanity is the foundation of everything, and this is precisely what we strive to instill in our students of Law and Social Work—particularly within the Family Law Protection of Unaccompanied Children course. The innate human instinct is to protect and help an unaccompanied child. In this sense, we are delighted that the Faculty of Law is participating in this program, and we believe that, through our final report, recommendations, and education efforts, we will continue to contribute to the regulation of this complex issue.

What is the role of the Faculty of Law in this program?

The collaboration between the Faculty of Law at the University of Zagreb and the UNICEF Office in Croatia has been long-standing and highly successful. Many of our faculty members have participated in UNICEF-organized projects, so we are pleased that this partnership has continued within this program.

Our research team consists of eight professors from various departments of the Faculty of Law, and we are glad to contribute to this program. Strengthening national capacities to respond to the Ukrainian crisis is an issue of utmost importance, and we are honored to share our theoretical knowledge to help address this challenge. Our research aims to position Croatia’s legal framework within a broader international context while addressing four key areas:

1. Legal responsibility for children, with a particular focus on guardianship within family law.
2. Protection of children from risks.
3. Ensuring access to international protection.
4. Developing long-term solutions that uphold the best interests of the child as the guiding principle in all decisions affecting children.

Throughout our research, we have had the valuable opportunity to collaborate with relevant ministries, the Croatian Institute for Social Work, and guardians—both those appointed for individual children and those responsible for children in group housing.

We have found that these professionals are highly skilled and dedicated, performing their work exceptionally well under demanding conditions.