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Discrimination is a not a rare phenomenon in Slovenia. The most vulnerable groups are race, ethnic and religious minorities, homosexuals, elderly, disabled and other groups with a specific personal characteristic.
Members of non-recognized minorities, especially people from former Yugoslavia, report on discriminatory treatment they were exposed to while attending schools. Within this group there is a special group of erased people that has been subject to specific forms of discrimination on the ground of ethnicity (losing their status of permanent residence, deportations, the lack of implementation of the Constitutional Court decision etc.). For more information see a special section on erased.
Discrimination of homosexuals has also been reported on: according to the research Unbearable Comfort of Privacy, conducted by the Peace Institute, 53 % of homosexuals experienced psychological or physical violence due to their sexual orientation, up to 6 % experienced discrimination at workplace, while up to 3 % lost their job due to their sexual orientation.
Roma are also subject to discrimination: according to 2002 census, 70 % of Roma is unemployed (the state average at the time was 8,9 %). While a large unemployment rate shows discriminatory treatment in employment, this also shows that they are unemployable due to the insufficient formal education. The latter is a consequence of discriminatory treatment and the lack of positive measures in educational system (e.g. to address the issue of the lack of knowledge of the Slovenian language) and in other areas of social life where Roma encounter obstacles, such as the lack of infrastructure in Roma settlements. Two particularly infamous incidents concerning Roma in Slovenia are segregation in kinder-gardens and elementary schools (e.g. Bršljin) and the eviction of an extended Roma family Strojan from Ambrus. For more information see a special section on Roma.
Another form of discrimination is discrimination of elderly, particularly in the field of employment (in July 2007 29% of the all unemployed in Slovenia were between 50-60 years old). Among the unemployed 55 % are women; women are also 15 % less paid for their work comparing to men in similar work positions, they are exposed to family violence to a larger extent and occupy less leading positions then men, in spite of the fact that they compose 51 % of the population. Disabled are also seriously disadvantaged, their unemployment rate is twice as high as the average and most buildings (also public) are not accessible for wheelchairs. In the 2007 presidential campaign no sign language was available for the hearing impaired. However, lately some positive measures have been put in place to encourage their employment and equal rights in schooling.
All these groups are also subject to multiple discrimination, when more than one personal characteristic work together (elderly woman with disability; younger man with ethnic minority background etc.).
Legislation: In Slovenia, discrimination is prohibited by article 14 of the Constitution, Article 141 of the Criminal Code and with the umbrella Act Implementing the Principle of Equal Treatment. Hate speech is prohibited by Article 63 of the Constitution, Article 300 of Criminal Code and Article 20 of the Protection of Public Order Act. Acts of discrimination can be reported to Human Rights Ombudsman and Advocate of the principle of Equality. They can also be invoked before criminal, civil, labor, social, administrative and constitutional court. In spite of the extensive legal provisions, case law in the area of discrimination is minimal. So far only three final judgments on discrimination (two of them hate speech) have been issued.
- Annual report on Human Rights for the year 2006 made by the Human Rights Ombudsman in July 2007, which is twelfth annual report prepared by Human Rights Ombudsman in Slovenia.
The twelve years of existence of the Institution is a reliable sign that it has successfully established itself in society. Even more so if the nature of its work is by definition "vexatious": the Constitution and the legislation frame its work as the supervision of authority. There is no authority which could resist the temptation to either expand its power to areas in which it has no competence or avoid work which it must perform. Occasionally, this is done consciously, while frequently, it is merely a consequence of the negligent or indifferent work of an individual official. Whatever the reason, the consequences are felt by citizens who from the perspective of authority are frequently only insignificant players within the immense objectives and tasks set by politicians. And the Human Rights Ombudsman is that player within the organisation of power for whom those "insignificant" players are of central concern. In his eyes, the roles in society are inverted: the central position is assigned to the individual, his/her rights and his/her welfare.
- Amnesty International Report 2007
The report describes discrimination against Roma in Slovenia, stressing discrimination in schools and the discriminatory nature of the eviction case of Roma in Ambrus in Dolenjska region.
- Report on Racism and Xenophobia in the Member States of the EU, August 2007
The report covers issues concerning racism and xenophobia in the EU Member States during 2006, in the areas of law, employment, education, housing, and racist violence and crime. For Slovenia the report notes that the legislation in place does not provide for sufficient sanctions against acts of discrimination. Specialized bodies for dealing with discrimination receive low numbers of complaints which shows at low awareness of the population on the existence and functioning of the specialized bodies. The report also confirmed high unemployment rates of Roma and Roma eviction case in Ambrus. One of the biggest problems remains the lack of gathered information concerning race and ethnicity of people, as stipulated by the Personal data protection Act, which on the other hand means that no data are available to monitor racial or ethnic discrimination in different areas of life.
- ECRI - European Commission against Racism and Intolerance (Council of Europe): Third Report on Slovenia adopted on 30 June 2006, made public on 13 February 2007
"However, a number of recommendations made in ECRI's second report have not been implemented, or have only been partially implemented. The situation of those persons who were unlawfully erased from the register of permanent residents in February 1992 has not yet been solved, in spite of a Constitutional Court decision from April 2003 indicating the necessary steps to do so, which has not yet been implemented. In the absence of an overall strategy to simultaneously address all areas where Roma experience disadvantage and discrimination, the members of this group, including those considered by the Slovenian authorities as "non-autochthonous", are still in need of special support in order to enjoy equal opportunities with the rest of the Slovenian population. Ex-Yugoslav minority groups still experience prejudice, disadvantage and discrimination in a number of areas and do not yet enjoy access to opportunities to promote their identity in a way that fully reflects their contribution to Slovenian society. Negative attitudes and generalizations concerning the members of the Muslim communities still appear in public debate, notably in connection with the issue of the construction of a Mosque in Ljubljana, which is long overdue. The protection provided to persons seeking asylum in Slovenia has been weakened by the adoption of amendments to the Law on Asylum in 2006. The increased use of racist, xenophobic and otherwise intolerant discourse in Slovenian politics since ECRI's last report hampers efforts to improve the situation for all minority groups, including those mentioned above."
- UN Committee on Elimination of Racial Discrimination - CERD (Concluding observations 2001 and 2003)
In its 2001 concluding observations the committee recommended Slovenia to ensure that persons belonging to minorities (Serbs, Croats, Bosnians and Roma) are not discriminated against, and to revise its legislation in order to fully implement the provisions of the Convention on Elimination of Racial Discrimination. In its 2003 concluding observations the committee reiterated its observation from 2001 and recommended to Slovenia not to discrimination against various national minorities, dividing them to indigenous and new. In addition to that, the committee noted discriminatory treatment against Roma and recommended to Slovenia to continue working on the elimination of discrimination against Roma. In addition, it stresses the importance to resolve the statuses of the people who have not be able to obtain citizenship (i.e. the erased).
[full pdf document 1] [full pdf document 2]
- UN Committee on the Elimination of Discrimination against Women - CEDAW (Concluding observations 2003)
In its 2003 concluding observations the committee recommends to Slovenia to eliminate all forms of discrimination against women in all areas of their life, by strengthening the Government office for Equal Opportunities, and reducing violence against women in the family and in society, combating trafficking in women and girls. In particular, the committee recommended that Slovenia ensures equality of both sexes in the labor market and organize training and re-training programs for unemployed women. The committee also noted that the constitution does not involve the provision on equality of women and men and that the measures taken against the maternal mortality are not sufficient.
- UN Committee for Economic, Social and Cultural Rights - CESCR (Concluding observations of 25 January 2006)
Committee noted problems concerning discrimination of Roma children in their access to education and their inability to attend schools in their mother tongue; the problem of inequality of men and women in pay for their work and the lack of involvement of women in decision making process; differences in economic development in different regions of the country; high unemployment rates among marginalized groups (young people, members of minorities and persons with disabilities); sexual harassment in workplace; high number of workers on short-term contracts; problems concerning trafficking of human beings and insufficient health and social care services for elderly people with physical or mental disabilities. In addition, the committee recommended to Slovenia to return the statuses to the erased people and ensure their access to health care, social security, education and employment.
- U.S. State Department: Country Report on human rights practices 2006 - Slovenia
The document includes reports on discrimination against Roma, homosexuals and former Yugoslav residents without a legal status (the erased) and new minorities (Serbs, Croats, Bosnians, Albanians etc.) that are not protected by the constitution. It also includes reports on the Jewish community facing prejudice, ignorance and false stereotypes. According to the report, most buildings are not accessible for wheelchair users.
Ms. Mag. Neža Kogovšek, human rights lawyer
Organization: Peace Institute, Metelkova 6, SI-1000 Ljubljana
E-mail: neza.kogovsek(at)mirovni-institut.si
Phone: ++ 386 (0)1 234 77 33 (direct phone office), ++ 386 (0)1 234 77 20 (general phone office)
Mr. Dr. Roman Kuhar, researcher on discrimination against gays, lesbians, bisexuals and transsexuals
Organization: Peace Institute, Metelkova 6, SI-1000 Ljubljana
E-mail: roman.kuhar(at)mirovni-institut.si
Mobile: ++ 386 (0)40 352 126
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Additional GLBT contacts:
ŠKUC-LL, Metelkova 6, SI-1000 Ljubljana
Tatjana Greif, phone: ++306 1 4327 306, 4327 368, mobile: ++386 40 950 973, e-mail: sekcijaskuc(at)mail.ljudmila.org
ŠKUC-Magnus (gay-men group), Metelkova 6, SI-1000 Ljubljana
Miran Solinc, phone: ++386 1 4326 368, fax: ++386 1 2329 185, e-mail: skucmagnus(at)hotmail.com
DIH - Society for integration of homosexuality, Slomškova 11, SI-1000 Ljubljana
Mitja Blažič, President, mobile ++386 31 634 987, ++386 41 562 375 (general), e-mail: info(at)dih.si
Information center LEGEBITRA, Trubarjeva 76a, SI-1000 Ljubljana, phone: ++386 1 430 51 44, e-mail: legebitra(at)siol.net
Simon Maljevac ++386 40 415 093, simon.maljevac(at)legebitra.si, Jasna Magič ++386 31 333 088, jasna.magic(at)legebitra.si
Ms. Nataša Posel, director
Organization: Amnesty International Slovenia, Beethovnova 7, SI-1000 Ljubljana
E-mail: natasa.posel(at)amnesty.si
Phone: ++ 386 (0)1 426 93 77
Ms. Dr. Zdenka Čebašek Travnik, Human Rights Ombudsman (public relations: Nataša Kuzmič)
Organization: Office of the Human Rights Ombudsman, Dunajska 56, SI-1000 Ljubljana
E-mail: natasa.kuzmic(at)varuh-rs.si
Phone: ++ 386 (0)1 475 00 35
Mr. Branko Matijević, President, Mr. Ilija Dimitrievski, Coordinator
Organization: Coordination Union of the Cultural Associations of ex Yugoslavia Nations
E-mail: ilija.dimitrievski(at)sava.si
Mobile: ++386 (0)41 521 395 (B. Matijević), ++386 (0)31 307 829 (I. Dimitrievski)
Ms. Jasminka Dedić, Adviser
Organization: Coordination Union of the Cultural Associations of ex Yugoslavia Nations
E-mail: jasminka.dedic(at)guest.arnes.si
Mobile: ++386 (0)40 843 441