Constitutional construction of reproductive rights and family in Croatia and Slovenia

Abstract This article traces changes in Croatian and Slovenian gender dynamics over the past three decades, focusing on key constitutional developments in the areas of reproductive rights and the legal definitions of marriage and parenthood. From the re-traditionalization that followed the breakup of Yugoslavia in 1990, through an EU-influenced equality paradigm, to the rise of anti-gender movements, the two countries have followed similar—though not always ­synchronous—trajectories, despite their uncoordinated constitutional developments. While the 1990s brought robust re-traditionalization amid war and the growing influence of the Catholic Church, both countries retained the right to abortion established in 1974. In the second period (1998–2013), legal reforms driven by EU accession processes led to the recognition of same-sex partnerships. In the third period (2013–present), marked by disillusionment with the EU and a continent-wide recession, anti-gender public discourse gained traction. It drew on populist rhetoric and championed “national values,” while simultaneously invoking foundational EU principles. Popularly initiated referenda became the weapon of choice against gender equality, prompting divergent responses from the countries’ constitutional courts. ­Slovenia adopted a stance of judicial self-restraint, setting unrealistically high procedural thresholds for banning referenda and further narrowing avenues for constitutional challenge, but later reemerged as a progressive force with its landmark 2022 decisions on marriage equality and joint adoption. In contrast, Croatia’s highest courts consistently sought to mitigate the effects of anti-gender mobilization, entrenching the right to abortion in 2017 and recognizing a fundamental right to equal parenthood through fostering and adoption in 2020–22.