RED Network

Yes. Racial discrimination is defined in the Constitution as well as in the Act Implementing the Principle of Equal Treatment, Employment Relationship Act and Penal Code. 

Qualitative Info

Article 14 of the Constitution of Slovenia guarantees to everyone equal human rights and fundamental freedoms irrespective of national origin, race, gender,
language, religion, political or other beliefs, financial status, birth, education, social status, disability or any other personal circumstance.

 

Article 63 of the Constitution of Slovenia defines as unconstitutional any incitement to ethnic, racial, religious or other inequality as well as any incitement to ethnic, racial, religious or other hatred and intolerance.  

 

Article 2 of the Act Implementing the Principle of Equal Treatment guarantees equal treatment irrespective of personal circumstances such as gender,
ethnicity, race or ethnic origin, religion or belief, disability, age, sexual orientation, or other personal circumstance, in all areas of social life. If equal treatment is not guaranteed, this is considered discrimination which is prohibited by article 3 of this act.

 

In accordance with the provisions of Article 131, §1 of the Penal Code, whoever prevents or restricts another person’s enjoyment of any human right or fundamental freedom recognized by the international community or laid down by the Constitution or legislation, or grants another person a special privilege or advantage on the grounds of ethnicity, race, colour, religion, ethnic roots, gender, language, political or other belief, sexual orientation, social status, birth, education, social position or any other circumstance, shall be punished by a fine or sentenced to imprisonment for a maximum of one year. The notion of special privilege or advantage is interpreted by the court. Special privilege or advantage means unjustified more favourable treatment comparing to other persons, which can result in financial gains, rights, permissions etc. that are not available to other persons. This does not mean that persons implementing positive measures for e.g. ethnic groups commit a crime. However, should such argument be invoked the decision will be in the competence of the court. Article 131, § 2 of the Penal Code prescribes the same punishment for one that persecutes an individual or organization due to their standing for equal treatment of people. If the act from § 1 or 2 is committed by an official with the abuse of official position or official competencies, he or she is punished with imprisonment up to three years. The provision of Article 116 of the Penal Code specifically defines criminal act of murder committed due to violation of the equality and prescribes a sentence of imprisonment of at least 15 years. In the field of torture, the Penal Code in Article 265 states that one who intentionally causes severe pain or suffering based on violation of equality, shall be sanctioned with imprisonment from one to ten years. If this is caused by a person in official capacity, the sanction foreseen is imprisonment from three to twelve years. These articles have not yet been used in practice, not even in relation to police forces.

 

Hate speech is defined in Article 297 of the Penal Code, stating that one who publicly encourages or incites ethnic, racial, religious or other hatred or intolerance,
or incites to another type of intolerance due to physical or intellectual deficiencies or sexual orientation, shall be sanctioned with imprisonment up to two years (in 2010
three people have been convicted of this crime, each was sanctioned to 1,5 years of prison sentence; see above case law; the judgment is not final yet). The same
punishment is foreseen for those who publicly spread ideas of prevalence of one race over another or cooperate at any racist activity, or deny, diminish the meaning of,
approve of, ridicule or advocate for genocide, holocaust, crime against humanity, war crime, aggression or other criminal acts against humanity. If these acts are published
in public media, the editor or his deputy are also punished, except in case of a live transmission and the lack of possibility to prevent these acts. The Penal Code also
stipulates two aggravated forms of these crimes – if they were committed in official capacity or with coercion, threat etc. 

External Url http://www.varuh-rs.si/pravni-okvir-in-pristojnosti/ustava-zakoni/ustava-republike-slovenije/

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Yes. The Act Implementing the Principle of Equal Treatment contains a prohibition of race, ethnic origin and religious discrimination in accordance with the EU directives.

Qualitative Info

The prohibition on the grounds of race, etnicity and religion is guaranteed already with Article 14 of the Constitution of the Republic of Slovenia, adopted in 1992. On 22 April 2004 the Government of Republic of Slovenia adopted the Act Implementing the Principle of Equal Treatment, which entered into force on 7 May 2004. This act was amended on 22 June 2007; the amendments entered into force on 25 July 2007. The purpose of adoption of this act was to transpose the EU directives 2000/43/EC and 2000/78/EC.

 

According to the Official Consolidated Version of this act, equal treatment is guaranteed irrespective of personal circumstances such as gender, ethnicity, race or ethnic origin, religion or belief, disability, age, sexual orientation, or other personal circumstance. Discriminatory acts shall be prohibited in every area of social life, and in particular in relation to:

 

• conditions for access to employment, to self-employment and to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;
• access to all types and to all levels of career orientation, vocational and professional education and training, advanced vocational training and retraining, including practical work experience;
• employment and working conditions, including dismissals and pay;
• membership of and involvement in an organization of workers or employers, or any organization whose members carry on a particular profession, including the benefits provided for by such organizations;
• social protection, including social security and healthcare;
• social advantages;
• education;
• access to and supply of goods and services which are available to the public, including housing.

 

Article 4, §2 of the Act Implementing the Principle of Equal Treatment defines direct discrimination by stating that direct discrimination on grounds of personal circumstance occurs if a person due to such personal circumstance has been, is or would be treated less favourably than another person in an equal or comparable situation. Article 4, §3 of the Act Implementing the Principle of Equal Treatment states that indirect discrimination on grounds of personal circumstance occurs when a seemingly neutral provision, criterion or practice in equal or comparable situations and under similar conditions, puts a person with a certain personal circumstance in a less favourable position compared to other persons, unless that provision, criterion or practice is objectively justified by a legitimate objective and the means of achieving that objective are appropriate and necessary.

 

Sources:

Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007.

External Url http://www.uradni-list.si/1/objava.jsp?urlid=200793&stevilka=4600

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Yes. The national legislation includes all grounds of discrimination as international conventions and the EU directives, as well as contains a general clause "any other personal circumstances" which ensures protection from discrimination based on the grounds not explicitly listed in the law.

Qualitative Info

Article 14 of the Constitution includes the grounds of national origin, race, gender, language, religion, political or other beliefs, financial status, birth, education, social status, disability or any other personal circumstance.

 

Article 2 of the Act Implementing the Principle of Equal Treatment covers the grounds of gender, ethnicity, race or ethnic origin, religion or belief, disability, age, sexual orientation, or other personal circumstance. Article 131 of the Penal Code defines a crime of violation of equality on the grounds of ethnicity, race, colour, religion, ethnic roots, gender, language, political or other belief, sexual orientation, social status, birth, education, social position or any other circumstance.   

 

Sources:

Ustava Republike Slovenije [The Constitution of the Republic of Slovenia], Official Journal of the Republic of Slovenia, No. 33/1991, 42/1997, 66/2000, 24/2003, 69/2004.

Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007.

Kazenski zakonik [Penal Code], Official Journal of the Republic of Slovenia No. 55/2008.

External Url http://www.uradni-list.si/1/objava.jsp?urlid=200793&stevilka=4600

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Yes. The ground of nationality is covered by the general clause "any other personal ground".

Qualitative Info

The ground of nationality is covered by the general clause "any other personal ground", which is included in Article 14 of the Constitution, in Article 2 of the Act Implementing the Principle of Equal Treatment and in Article 131 of the Penal Code.

The Act Implementing the Principle of Equal Treatment does not include an explicit exception for discrimination on the grounds of nationality, e.g. regarding legislation on entry and residence of foreigners. There is a general exception included in the law which states: "The provisions of this law do not exclude differential treatment on personal grounds if such differential treatment is justified by a legitimate aim and if the means to achive this aim are appropriate and necessary." (Article 2.a, § 1 of the Act Implementing the Principle of Equal Treatment)
 

 

Sources:

Ustava Republike Slovenije [The Constitution of the Republic of Slovenia], Official Journal of the Republic of Slovenia, No. 33/1991, 42/1997, 66/2000, 24/2003, 69/2004.

Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007.

Kazenski zakonik [Penal Code], Official Journal of the Republic of Slovenia No. 55/2008.

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Yes. The general clause "any other personal ground" does also include statelessness.
 

Qualitative Info

Statelessness as a form of (non-)nationality is covered by the general clause "any other personal ground", which is included in Article 14 of the Constitution, in Article 2 of the Act Implementing the Principle of Equal Treatment and in Article 131 of the Penal Code.

 

Sources:

Ustava Republike Slovenije [The Constitution of the Republic of Slovenia], Official Journal of the Republic of Slovenia, No. 33/1991, 42/1997, 66/2000, 24/2003, 69/2004.

Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007. 

Kazenski zakonik [Penal Code], Official Journal of the Republic of Slovenia No. 55/2008.
 

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Yes. The Act Implementing the Principle of Equal Treatment includes a prohibition of discrimination in all areas defined by EU directives.

Qualitative Info

According to Article 2 of the Act Implementing the Principle of Equal Treatment discriminatory acts shall be prohibited in every area of social life, and in particular in relation to:

 

• conditions for access to employment, to self-employment and to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;
• access to all types and to all levels of career orientation, vocational and professional education and training, advanced vocational training and retraining, including practical work experience;
• employment and working conditions, including dismissals and pay;
• membership of and involvement in an organization of workers or employers, or any organization whose members carry on a particular profession, including the benefits provided for by such organizations;
• social protection, including social security and healthcare;
• social advantages;
• education;
• access to and supply of goods and services which are available to the public, including housing.

 

Sources:

Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007.

External Url http://www.uradni-list.si/1/objava.jsp?urlid=200793&stevilka=4600

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Yes. The two relevant bodies are the Advocate of the Principle of Equality and the Human Rights Ombudsman.  

Qualitative Info

Following the Race Equality Directive, the Advocate of the Principle of Equality was established as an equality body in Slovenia. Right now it consists only of one person, a civil servant. In accordance with the Act Implementing the Principle of Equal Treatment adopted in April 2004 and amended in June 2007, the Advocate of the Principle of Equality functions within the Office for Equal Opportunities in order to examine cases of alleged violations of the prohibition of discrimination, and to provide persons with assistance on issues of discrimination. In accordance with Article 11.a of the Act Implementing the Principle of Equal Treatment, the Advocate is a special civil servant position, subject to rules in the area of civil servants in state bodies and the system of salaries in public sector, except for the matter regulated differently with this act. The Advocate is nominated by the Government for the period of five years, upon the proposal of the Director of the Government Office for Equal Opportunities and on the basis of public competition. 

Since the principle of equal treatment and the ban on discrimination is incorporated in the Constitution as the first provision among those ensuring fundamental human rights (Article 14), the Human Rights Ombudsman is another body available for lodging informal complaints and is an independent and unbiased forum for informal protection available to individuals in relation to state authorities, local self-government authorities and bearers of public authority. Any person who believes that his/her human rights or fundamental freedoms (including the right to equal treatment) have been violated by an act or deed of a body may lodge a petition with the Ombudsman to start proceedings,  and the Ombudsman can also institute proceedings on his own initiative. The procedure is free of charge. 

 

Sources:

Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007. 

Zakon o Varuhu človekovih pravic [Human Rights Ombudsman Act], Official Journal of the Republic of Slovenia, No. 71/1993, 15/1994.

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No. In general, data on race and ethnicity of a person are consiered to be sensitive data. Collection of such data is only allowed with a consent of an individual concerned.

Qualitative Info

Data collection is regulated by the Personal Data Protection Act, which determines that data can be collected only if permitted by law. It sets special conditions for collecting sensitive personal data.

 

According to this law, sensitive personal data are data on racial, national or ethnic origin; political, religious or philosophical beliefs; trade union membership; state of health; and criminal records (Article 6, §19). Biometric characteristics are also sensitive personal data if their use makes it possible to identify an individual in connection with any of the aforementioned circumstances. To summarize, the data protection law generally prohibits the processing of sensitive data but it does allow, under necessary and special circumstances, the data to be processed in order to assert or oppose a legal claim (one of the possibilities when data collection is allowed is if this is necessary in order to assert or oppose a legal claim, as stipulated by Article 13, §7 of this Act). An implementing act titled the Rules on Methodology of Keeping the Register of Personal Data Collections further regulates the procedures concerning administering personal data collections.

 

Source:

Zakon o varstvu osebnih podatkov [The Personal Data Protection Act], Official Journal of the Republic of Slovenia, No. 86/2004. 

In criminal cases reported to the Police in relation to the crime of incitement of hatred, violence and intolerance (Article 297 of the Penal Code) the Police keeps a record on cases in which racial violence was concerned, on th basis of facts gathered in the investigation.

External Url http://www.uradni-list.si/1/objava.jsp?urlid=200794&stevilka=4690

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Yes. The adoption of positive measures is provided for with Article 6 of the Act Implementing the Principle of Equal Treatment.

Qualitative Info

Article 6 of the Act Implementing the Principle of Equal Treatment states that positive action consists of temporary measures, defined by law, designed to prevent a less favourable position for persons with a particular personal circumstance or to compensate for a less favourable position (§1). Further, the law stipulates two different forms of positive action: i) positive measures which intend to give priority to persons with a particular personal circumstance and are used in cases when there is an obvious under representation of persons with a specific personal circumstance; and ii) incentive measures which provide special incentives or benefits to person in a less favourable situation (§2). The areas to which the provisions apply are not mentioned, however, concerning the areas protected by this law, in all these areas positive action measures can take place, as well as in relation to any personal ground, including racial or ethnic origin.

 

Source:

Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007. 

External Url http://www.uradni-list.si/1/objava.jsp?urlid=200793&stevilka=4600

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Yes, however, limited use is made of the possibility to introduce positive measures. Special measures are adopted only with regard to protection of the two national minorities (Hungarian and Italian), by awarding some special rights concerning the political representation of the Roma ethnic group, and by some special measures concerning employment of people with disabilities.

Qualitative Info

Special measures are adopted only with regard to protection of the two national minorities (Hungarian and Italian), by awarding some special rights concerning the political representation of the Roma ethnic group, and by some special measures concerning employment of people with disabilities.

 

The position of the two officially recognized national minorities is regulated by the Constitution, ratified international documents, legislation and statutes of the municipalities. The Italian and Hungarian national minorities enjoy some special rights in addition to all human rights and fundamental freedoms. Roma are not considered a national minority at the same level as Italians and Hungarians, but are considered a special ethnic community with 'specific ethnic characteristics', such as language, culture, etc.

 

Even though the Roma community is not offered similar self-governance as the Hungarian and Italian National Community it is organized in the Roma Union of Slovenia. This is an umbrella organization for Roma associations. As the Sinti community in Slovenia does not consider itself as part of Roma community, while the authorities consider them exactly that, they have no official venue of their own through which they could participate in the process of improving of their situation. Article 65 of the Constitution stipulates that the status and special rights of the Roma living in Slovenia are regulated by law. Government social programs  provide measures aiming at ensuring the equality of the Roma. One of the most important and still current is the Government program for assisting Roma people from 1995.  On 30 March 2007 Roma Community Act  was adopted. It provides for establishment of Council of Roma Community of the Republic of Slovenia which represents the interest of Roma community in a dialogue with state bodies. It consists of 21 members (14 representatives of Roma Union of Slovenia and seven representatives of local Roma communities). The act also sets financial obligations of the Republic of Slovenia and its local self-governing communities for guaranteeing special rights of Roma community. In the legislation there are additional provisions concerning Roma in twelve different organic laws. One of them, the Local Self-Government Act, stipulates that Roma people, who are 'autochthonous' (indigenous) to a particular area shall have at least one representative in the municipal council (Article 39, §5). The term 'autochthonous' refers to peoples who have lived in Slovenia for centuries, in a territory in which these peoples do not consider themselves to be foreigners or immigrants. The Act was put to constitutional review due to distinguishing between those Roma who are autochthonous and those who are not. The complaint was filed by Human Rights Ombudsman of the Republic of Slovenia. With the ruling No. U-I-15/10-13 of 16. 6. 2010 the Constitutional Court confirmed the conformity of the act with the constitution.

 

The Local Self-Government Act lists 20 municipalities which were obliged to ensure that the Roma community has a representative in the local council until regular local elections in 2002. Now all municipalities have a Roma representative in the local council. This distinction between Roma communities on the basis of being autochthonous is in fact discriminatory as was also noted by the UN Human Rights Committee, Amnesty International and the European Roma Rights Centre.  The Local Self-government Act also provides for committees on Roma issues as working bodies of the local councils, although these are not obligatory.

 

Another measure for promoting the position of the Roma community is included in the Act on Radio Television Slovenia, which entered into force on 12 November 2005 and stipulates that gradually Roma radio and television shows are to be included on the public channel, RTV. According to Article 3 of this act, public service includes the making, preparation, and broadcasting of radio and television programs for the Roma ethnic community.

 

According to Article 3 of the Promotion of Balanced Regional Development Act,  which entered into force on 5 November 2005, one of the goals of regional development is to include developing areas populated by both autochthonous minorities and Roma communities. It also stipulates that a Roma representative should be a member of the Regional Development Council in regions populated by Roma communities (representatives to be appointed by the Roma community). Article 25 of the Organization and Financing of Education Act sets competences of the Council of Experts of the Republic of Slovenia for General Education in adopting supplementary (additional) programs for Roma children. Article 81, §7 provides resources to be allocated from the national budget for various activities and projects (funds for writing and financing schoolbooks, resources for educating the Roma and partial funding for their education in primary schools).

 

The special rights of Italian and Hungarian national minorities are either collective rights, awarded to the whole community, or individual rights awarded to members of the national minority. The Constitution guarantees autochthonous Italian and Hungarian minorities the right to freely use their national symbols and the right to establish organizations to foster economic, cultural, scientific and research activities, as well as activities associated with the mass media and publishing.

 

In accordance with the Constitution and the Special Rights for Members of the Italian and Hungarian National Minorities in the Field of Education Act,  members of national minorities have the right to education in the minority language and the right to adopt and to promote education. This act defines geographic areas where bilingual schooling is compulsory. The same act stipulates that members of the Italian or Hungarian national minorities must be among the teachers who perform consultancy and supervisory work in educational organizations (Article 28). The Constitution guarantees the right to foster contacts with the wider Italian and Hungarian communities living outside Slovenia, and with Italy and Hungary respectively. The State shall give financial support and encouragement to the implementation of these rights (Article 64). The Italian and Hungarian ethnic communities shall be directly represented at local level and shall also be represented in the National Assembly (Article 64, Paragraph 3). Self-governing communities established by the Self-governing Ethnic Communities Act  is important for the development of culture, language and schooling and implementation of special rights of national minorities. Roma communities are not offered similar self-governance or the representative in the National Assembly. 

The Vocational Rehabilitation and Employment of Persons with Disabilities Act was adopted in 2004 and amended in 2005 and 2006. Article 2 states that the aim of the act is to increase the opportunities for people with disabilities to be employed and to create the circumstances for them to equally participate in the labour market by eliminating obstacles and creating equal opportunities. Ths act established mandatory quotas of employed people with dissabilities. Instead of employing people with disaabilities employers have an option of paying into the fund available for the employers to cover the costs of reasonable accommodation for adapting the workplace for people with disabilities.  

 

Sources:

Human Rights Ombudsman Annual Report 2008, p. 47.

Zakon o romski skupnosti v Republiki Sloveniji [The Roma Community Act], Official Journal of the Republic of Slovenia, No. 33/2007.

Zakon o lokalni samoupravi [The Local Self-government Act], Official Journal of the Republic of Slovenia, No. 57/1994, 14/1995, 26/1997, 70/1997, 10/1998, 74/98.

http://www.errc.org/cikk.php?cikk=2384. 

Zakon o Radioteleviziji Slovenija [The Radio and Television Slovenia Act], Official Journal of the Republic of Slovenia, No. 96/2005.

Zakon o spodbujanju skladnega regionalnega razvoja – Uradno prečiščeno besedilo [Promotion of Balanced Regional Development Act – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 83/2003.

Zakon o posebnih pravicah pripadnikov italijanske in madžarske narodne skupnosti na področju izobraževanja [The Special Rights for Members of the Italian and Hungarian National Minorities in the Field of Education Act], Official Journal of the Republic of  Slovenia, No. 12/1982.

Zakon o zaposlitveni rehabilitaciji in zaposlovanju invalidov [Vocational Rehabilitation and Employment of Disabled Persons Act], Official Journal of the Republic of Slovenia, No. 63/2004, 100/2005 and 114/2006.

 

 

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Yes, in 2012 the European Court of Human Rights confirmed that the act of "erasure" committed by the Ministry of Interior in 1992 (when more than 25.000 individuals were unlawfully deprived of their legal status) was an act of discrimination.   

Qualitative Info

In 1992 the Slovenian Ministry of Interior deprived 25.671 individuals of their permanent residence status. This was a group that consisted of nationals of former Yugoslavia who were permanently residing in Slovenia but did not obtain Slovenia nationality after the country declared its independence. The group later became known as “the erased people”. The Slovenian Constitutional Court found with two rulings adopted in a constitutional review procedure that this status deprivation had no legal basis and that the Aliens Act which the Ministry of Interior invoked as a legal basis was in fact unconstitutional due to the fact that it contained no provisions on the regulation of legal status of this group of people. In spite of the Constitutional Court decisions which contained instructions on how to regulate the issue and regularize the legal status of affected people, the authorities failed to do adopt comprehensive legislation that would enable regularization of all erased people. On 4 July 2006 eleven erased people who were unable to regularize their legal status lodged a complaint to the European Court of Human Rights. 

 

On 13 July 2010 ECHR issued a chamber judgment finding Slovenia responsible for violation of Article 8 (the right to protection of private and family life) and Article 13 (the right to effective remedy). The chamber found that by failing to fully implement the Constitutional Court decisions Slovenia also failed to provide effective domestic remedies which would enable the erased people to regularize their legal status, by which it also interfered with their right to protection of private and family life. The chamber however did not find violation of Article 14 (prohibition of discrimination) and Article 1 of Protocol 1 (property rights). Also, it only found violation with regard to eight applicants, while the remaining two were considered to have lost their victim status as they received a permanent residence permit in the course of the procedure (the eleventh applicant died). The case was appealed by both the Slovenian government and the applicants. On 26 June 2012 the Grand Chamber again found in favour of the applicants, convicting Republic of Slovenia not only for violation of Article 8 and 13, but also Article 14 – prohibition of discrimination. Namely, the Grand Chamber found that while the Aliens Act did not include provisions on status regularization for nationals of former Yugoslavia who resided permanently in Slovenia but did not obtain Slovenian nationality after the independence, but it did include provisions on regularization of legal status for those people who were legally residing in Slovenia as foreigners (from other non-Yugoslav countries) when the country was still part of Yugoslavia. While the latter did not have to do anything to retain their legal status, the former group was left without any kind of status. It decided that this constituted discrimination between the two groups based on ethnic grounds. The Grand Chamber recalled that the same finding has already been established by the Slovenian Constitutional Court and stated that it saw no reason to depart from this finding. The Grand Chamber found violation of convention grounds for six applicants (who in the meantime applied for and received permanent residence permits), while two who have not yet applied for their permanent residence permit were deemed to have lost their victim status as well. The six applicants were also awarded compensation in amount of 20.000 EUR for non-pecuniary damages, while the court reserved a decision on pecuniary damages for a later stage. The judgment is also a pilot judgment by nature as the Grand Chamber ordered the state to adopt an ad hoc domestic compensation scheme for the erased persons within one year since the delivery of the judgment.

 

Source:

Kurić and others v. Slovenia, Judgment of the European Court of Human Rights, 26 June 2012

External Url http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=001-111634#{"itemid":["001-111634"]}

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Yes, in principle legal support is available for victims to access procedures and justice. This is ensured both by the tasks allocated to the Advocate of the Principle of Equality and by the Free Legal Aid recognizing the right to free legal aid in court procedures.

Qualitative Info

Yes, in principle legal support is available for victims to access procedures and justice. This is ensured both by the tasks allocated to the Advocate of the Principle of Equality and by the Free Legal Aid recognizing the right to free legal aid in court procedures.

 

Since judicial proceedings for human rights cases are customarily expensive, individuals of poor financial means cannot afford the lengthy and expensive procedure. The Free Legal Aid Act  was adopted with intention of remedying this situation. This act enables individuals to acquire the services of an attorney at law at the expense of the State. Legal aid provided for by this law is limited to court procedures, it is not recognized for procedures before the administrative bodies. It is not recognized to persons who have no legal status in Slovenia.

 

For discrimination cases additional support is ensured by the Act Implementing the Principle of Equal Treatment, in the part which defines the tasks of the Advocate of the Principle of Equality. In accordance with this Act, the Advocate of the Principle of Equality functions within the Office for Equal Opportunities in order to examine cases of alleged violations of the prohibition of discrimination, and to provide persons with assistance on issues of discrimination. 

 

Sources:

Zakon o brezplačni pravni pomoči [The Free Legal Aid Act], Official Journal of the Republic of Slovenia, No. 66/2001, 50/2004.

Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007.

Report on legal measures to combat discrimination (Directives 2000/43/EC and 2000/78/EC), Country report 2010 Slovenia, http://www.non-discrimination.net/content/media/2010-SI-Country%20Report%20LN_FINAL.pdf.
 

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Yes. The Act Implementing the Principle of Equal Treatment provides for the shift of the burden of proof.

Qualitative Info

The Act Implementing the Principle of Equal Treatment states in Article 22, §2 that if a person who claims discrimination states facts in judicial and administrative proceedings, as well as before other competent bodies, that justify the claim that the ban on discrimination (including harassment) has been violated, the alleged offender must prove that he or she did not violate the principle of equal treatment or the ban on discrimination in the case being heard. Further, Article 6, §4 of the Employment Relationship Act states that when a candidate or employee claims facts during a dispute which justify the assumption that the prohibition of discrimination (including harassment), the burden of proof rests with the employer. Article 45, §3 has the same provision. In criminal law, the burden of proof lies with the public prosecutor or private prosecutor since it would be inappropriate if it were the defendant who had to prove that there was no basis for their conviction. Furthermore, such a rule would be contrary to the principle of presumption of innocence. 

 

In practice, not problems are reported with regard to the implementation of the rule of the shift of burden of proof.

 

Source:

Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007. 

Report on legal measures to combat discrimination (Directives 2000/43/EC and 2000/78/EC), Country report 2010 Slovenia, http://www.non-discrimination.net/content/media/2010-SI-Country%20Report%20LN_FINAL.pdf.
 

 

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Yes. Even though associations cannot represent the victims in judicial or administrative procedures, there are ways available to do it, such as third party intervention or legal representation by an individual who works for such association.  

Qualitative Info

The Act Implementing the Principle of Equal Treatment in Article 23 states that non-governmental organizations shall have the right to take part in judicial and administrative proceedings initiated by alleged victims of discrimination. Non-governmental organizations are all private non-profit entities, which in Slovenian can be established as associations, institutes or foundations. Due to the lack of specificity of this provision the NGOs’ involvement however depends on other more specific provisions in procedural legislation, as described under the next question.

 

The Civil Procedure Act, which is used for civil procedures, and also when appropriate for the proceedings at the Constitutional Court or at the Labour and Social Court, states that a third party who has a legal interest (meaning a personal interest based on statute or other regulations) can intervene in support of one of the parties at any time until the end of the proceedings. Such third party is a so-called “side intervenient” (stranski intervenient). This is the only case in which an NGO can officially get involved in support of the party to the court procedure.

 

Different rules are in place for an entity to get involved in the proceedings on behalf of the party to the court procedure. In civil procedures the only legal entity that can represent the party to the procedure is a law firm. Individuals who can represent the party are attorneys and lawyers who passed the state legal exam, and in county court procedures also anybody with a legal capacity. However, these are not legal entities but individuals. In criminal proceedings, the victim can be represented by anyone with legal capacity. In administrative proceedings, according to the General Administrative Procedure Act, the party to the procedure can be represented by anyone with legal capacity, who would in this case act on behalf of the party. It can be an individual, and it can also be a legal entity, however, in the latter case the NGO has to appoint an individual who will act on behalf of the party. Namely, according to Article 54, § 3 of the General Aministrative Procedure Act, a professional organization which is recognized in certain activities directly connected with the relevant rights and duties of the party may represent this party during administrative proceedings. The party is also entitled to invite an expert in special circumstances, which could be relevant for NGOs knowledgeable in issues of anti-discrimination. This expert may provide explanations and legal advice on in support of the party concerning legal matters but is not entitled to represent the party (Article 61 of the General Administrative Procedure Act).

 

In disciplinary procedures it is important to mention the role of trade unions in disciplinary procedures. Namely, according to Article 179 of the Employment Relationship Act, an employer must notify the employee’s trade union of a disciplinary procedure in writing; if there is no such trade union or if the employee is not a member of it, the workers' council or the trade union organizer shall be notified. Furthermore, Article 208 of Employment Relationship Act stipulates that a trade union whose members are employed by a specific employer may appoint or elect a trade union organizer to represent the trade union before the employer. If no trade union organizer is appointed, the trade union is represented by its chairman. Trade union organizers have the right to exercise and protect the rights and interest of their members vis-à-vis the employer.

 

According to the Constitutional Court Act, societies and other associations do not have the right to challenge regulations that interfere with the legal status of their members or other persons. They only have legal interest if the regulation in question interferes directly with their rights, legal interests or their status as a legal person. The Constitutional Court exceptionally recognizes a society or association’s legal interest in filing a petition in the name and in the interest of its members when it has been established with the purpose for which the action has been filed – in this case there is a requirement of chartered aims (for example the Society of Erased Persons). The Helsinki Monitor for Human Rights, for example, cannot represent the petitioners. Pursuant to Article 86 of the Civil Procedure Act, which is applied mutatis mutandis concerning representation in proceedings before the Constitutional Court, only a natural person can be authorized to represent a party. A legal entity can represent a party if it is a law firm. 

 

The situation is different with the informal procedure before the Advocate of the Principle of Equality. There the NGOs can act either on behalf in in support of the victim of discrimination. There are no specific rules on whether an entity has to be registered to act on behalf of or in support of the victim in the procedure before the Advocate. 

 

Source:

Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007. 

Zakon o splošnem upravnem postopku [The General Administrative Procedure Act], Official Journal of the Republic of Slovenia, No. 80/1999, 70/2000, 54/2002, 73/2004.

Zakon o pravdnem postopku – Uradno prečiščeno besedilo [Civil Procedure Act – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 73/2007.  

Zakon o ustavnem sodišču [The Constitutional Court Act], Official Journal of Republic of Slovenia, No. 15/1994, 64/2001.

Zakon o delovnih razmerjih [Employment Relationship Act], Official Journal of the Republic of Slovenia, No. 42/2002 and 103/2007.

 

 

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No. There is no actio popularis possible under Slovenian law. Class actions are possible, but are identical to individual procedures to the extent that all members of the group have to be identified and signed under the action.

Qualitative Info

Actio popularis is not regulated in the Slovenia law. The only procedure in which an association could could act even if there is no victim yet is the informal procedure before the Advocate of the Principle of Equality. However, this would not constitution an action (a lawsuit).

 

The rules for class actions are identical to the rules with individual procedure. All the victims have to be identified, the only diference is that there is more than one. The only special provision which is in place for class actions concerning identical cases is the so-called exemplatory action, which is similar to the pilot judgment procedure conducted by the European Court of Human Rights. In such examplatory procedure the court may first decide in one exemplatory case which is identical to all other cases, and the decision in this first case affects the decision in all the other similar cases. This procedure is defined in the area of employment and social rights and is governed by the Labour and Social Courts Act (Article 40).  

 

Zakon o delovnih in socialnih sodiščih [Labour and Social Court Act], Official Journal of the Republic of Slovenia, No. 2/2004 and 10/2004.

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Yes, sanctions are foreseen by the Act Implementing the Principle of Equal Treatment, Employment Relationship Act, Penal Code, and protection of Public Order Act. 

Qualitative Info

In accordance with Article 22, §1 of the Act Implementing the Principle of Equal Treatment, in cases of violations of the prohibition of discrimination discriminated persons may start judicial and administrative procedures and have the right to compensation in accordance with the general principles of tort law. Article 24 of the same act defines small offences and sanctions for discrimination. It states that commission or omission that occurred at the execution of laws and other rules, collective agreements and general acts regulating each individual area of social life, which includes all signs of discrimination in accordance with the definitions of direct and indirect discrimination, instructions to discriminate and harassment, is a small offence for which the perpetrator shall be fined. It needs to be stressed that the wording of the provision (“at the execution of the laws…”) is problematic since it indicates that sanctions might not be imposed in cases when discrimination occurred by conduct that does not represent “execution of the law”. The provision sets different fees for small offences depending on the perpetrator: A natural person who commits such small offence shall be fined from 250 to 1.200 EUR, while a legal person or an individual entrepreneur, at which the small offence occurred, from 2.500 to 40.000 EUR. An official of a state body or local community, where the small offence occurred, shall be fined from 250 to 2.500 EUR. The size of the fine depends on the seriousness of offence and negligence or intent on the part of the offender. The fine contributes towards state revenue. Article 25 of the Act Implementing the Principle of Equal Treatment states that in addition to that a law regulating a certain area may define other offenders and prescribe sanctions for small offences within the limits from the Article 24.

 

Article 6, §7, of the Employment Relationship Act stipulates the employer’s liability for damage in accordance with the provisions of tort law, when the employer infringes an anti-discrimination provision. Article 81, §4 of this act states that discriminatory termination of a contract (with or without a notice period), is not valid. Article 229, §1 of this act states that an employer, who is a legal person or an individual entrepreneur, shall be fined with a penalty from 3.000 to 20.000 EUR, for putting a job seeker or an employee in unequal position.

 

Article 131 of the Penal Code prescribes punishment of individuals who commit a criminal offence of violating equality. In accordance with Article 131, §2, anyone who persecutes an individual or an organization due to their advocacy of equality, shall be punished. In the event of an offence under the first or the second paragraph of Article 131 being committed by an official through the abuse of office or of official authority, such an official shall be sentenced to imprisonment for a maximum term of three years.

 

The provision of Article 116 of the Penal Code specifically defines criminal act of murder committed due to violation of the equality and prescribes a sentence of imprisonment of at least 15 years.

 

Penal Code in Article 265 states that one who intentionally causes severe pain or suffering for a reason based on violation of equality, shall be sanctioned with imprisonment from one to ten years. If this is caused by a person in official capacity, the sanction foreseen is imprisonment from three to twelve years. There are no cases in relation to these provisions yet.

 

Article 297 of the Penal Code stipulates that anyone who publicly encourages or incites ethnic, racial, religious or other hatred or intolerance, or incites to another type of intolerance due to physical or intellectual deficiencies or sexual orientation, shall be sanctioned with imprisonment up to two years. The same punishment is foreseen for those who publicly spread ideas of prevalence of one race over another or cooperate at any racist activity, or deny, diminish the meaning of, approve of, ridicule or advocates for genocide, holocaust, crime against humanity, war crime, aggression or other criminal acts against humanity. If these acts are published in public media, the editor or his deputy are also punished, except if it was a live transmission and it was not possible to prevent these acts. So far there were only three cases with regard to hate speech in Slovenia, two perpetrated against Roma and one against a gay-friendly cafe. In the two cases concerning Roma the perpetrators received suspended sentence of imprisonment. In the case concerning the cafe the perpetrators obtained a punishment of imprisonment.

 

The Penal Code also stipulates two aggravated forms of these crimes – if they were committed in official capacity or with coercion, threat etc. Materials and objects which contain messages with the content described in Article 297, §1 as well the facilities for their production, duplication and distribution, are to be confiscated.

 

Article 198 of the Penal Code states that anyone who limits or restricts a person’s right to free access to any position of employment on terms required by law, is fined or imprisoned for up to one year.

 

Article 197 of the Penal Code imposes punishment of imprisonment of up to two years upon anyone who at the workplace or in relation to work with sexual harassment, psychological violence, mobbing or unequal treatment causes humiliation or fear to another employee. If these acts have consequences such as psychological, psychosomatic or physical illness or decrease in work effectiveness of the employee, the punishment foreseen is imprisonment of up to three years.

 

Article 202 of the Penal Code punishes those who deliberately fail to act in line with the rules governing social security and therefore deprive an individual of a right or place a limit on it. An offender is punished with a fine or up to one year’s imprisonment. There were no cases in relation to these provisions yet.

 

In addition, Article 20 of the Protection of Public Order Act  foresees punishment for inciting to ethnic, racial, gender, religious or political intolerance or intolerance related to sexual orientation, with a fee up to 835 EUR.

 

Articles 230 to 233 of the Execution of Judgments in Civil Matters and Insurance of Claims Act  regulate the reinstatement of an employee to his position of employment after this has been awarded following a legal procedure. Article 233 states that an employee who proposes to return to his position of employment could ask the court to decide that the employer has to pay him sums of money that correspond to his wage from the end of court proceedings until his reinstatement (the nature of the damages is pecuniary, and there is no statutory upper limit). The sum payable is stipulated by the court and should amount to the level of the employee’s wage as if he had been working. The employee’s right to demand past wages to be paid is not affected by this regulation. If the court decides partially in favour of the employee, the employee can seek full compensation before the court. Sanctions for legal persons which are responsible are described in Section 3.1.2.

 

Sources:

Penal Code [Kazenski zakonik], Official Journal of the Republic of Slovenia, No. 55/2008 and 66/2008.

Protection of Public Order Act [Zakon o varstvu javnega reda in miru], Official Journal of the Republic of Slovenia, No. 70/2006.

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Yes, in the Act Implementing the principle of Equal Treatment Act and in the Employment Relationship Act there are provisions for financial compensation and for restitution of rights in cases of discrimination. These are applied in practice, although case law in anti-discrimination and torts is scarce.

Qualitative Info

In accordance with Article 22, §1 of the Act Implementing the Principle of Equal Treatment, in cases of violations of the prohibition of discrimination discriminated persons may start judicial and administrative procedures and have the right to compensation in accordance with the general principles of tort law.

 

Article 6, §7, of the Employment Relationship Act stipulates the employer’s liability for damage in accordance with the provisions of tort law, when the employer infringes an anti-discrimination provision.

 

Articles 230 to 233 of the Execution of Judgments in Civil Matters and Insurance of Claims Act  regulate the reinstatement of an employee to his position of employment after this has been awarded following a legal procedure. Article 233 states that an employee who proposes to return to his position of employment could ask the court to decide that the employer has to pay him sums of money that correspond to his wage from the end of court proceedings until his reinstatement (the nature of the damages is pecuniary, and there is no statutory upper limit). The sum payable is stipulated by the court and should amount to the level of the employee’s wage as if he had been working. The employee’s right to demand past wages to be paid is not affected by this regulation. If the court decides partially in favour of the employee, the employee can seek full compensation before the court. Sanctions for legal persons which are responsible are described in Section 3.1.2.

 

Sources:

Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007.

Zakon o delovnih razmerjih [Employment Relationship Act], Official Journal of the Republic of Slovenia, No. 42/2002, 103/2007.

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Yes. The main problem is the lack of powers of the equality body (the Advocate of the Principle of Equality) to implement the provisions of the Act Implementing the Principle of Equal Treatment and the lack of clear definition of the role of the inspectorates.

Qualitative Info

The main problem is the lack of powers of the equality body (the Advocate of the Principle of Equality) to implement the provisions of the Act Implementing the Principle of Equal Treatment and the lack of clear definition of the role of the inspectorates.

 

The situation of equality body: In accordance with Article 11.a of the Act Implementing the Principle of Equal Treatment, the Advocate is a special civil servant position, subject to rules in the area of civil servants in state bodies and the system of salaries in public sector, except for the matter regulated differently with this act. The Advocate is nominated by the Government for the period of five years, upon the proposal of the Director of the Government Office for Equal Opportunities and on the basis of public competition. This creates an issue of the lack of independence and a question whether the advocate being in such position is capable of independent assessment of alleged discrimination for which a government body is responsible. The Advocate does not have its own budget, but is financed from the budget of the Office for Equal Opportunities. The Advocate has no investigative powers and it therefore cannot establish the facts of the case when statements of the two parties to the procedure differ to the extent when it is not possible to establish what really happened. In such case discrimination cannot be established or denied. The Advocate does not have the power to impose sanctions. It can only issue recommendations to the perpetrator, and if the latter does not respect them, the Advocate can forward the case to the competent inspectorate which then has to power to impose sanctions. The problem with this system is that inspectorates (e.g. health inspectorate, market inspectorate, school inspectorate...) do not consider themselves competent for issue of discrimination stated in the Act Implementing the Principle of Equal Treatment, since their competence is not explicitly defined in this act, if the offence of discrimination is not at the same time defined in the legislation (e.g. health, market, education legislation) they are competent for supervizing. 

 

Sources:

Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007.

Report on measures to combat discrimination (Directives 2000/43/EC and 2000/78/EC), Country report 2010 on Slovenia, http://www.non-discrimination.net/content/media/2010-SI-Country%20Report%20LN_FINAL.pdf
 

 

External Url http://www.non-discrimination.net/content/media/2010-SI-Country%20Report%20LN_FINAL.pdf

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Yes. On 31 January 2011 an Interdepartmental working group of the Government of the Republic of Slovenia issued an Analysis of Institutional Arrangement of promotion of Equality and Protection from Discrimination in the Republic of Slovenia.   

Qualitative Info

On 31 January 2011 an Interdepartmental working group of the Government of the Republic of Slovenia issued an Analysis of Institutional Arrangement of promotion of Equality and Protection from Discrimination in the Republic of Slovenia. The report found that Slovenia only partly meets the requirements of the international law in this field and that a reform of institutions and legal framework is needed. The analysis showed that the system of competent bodies is scattered, that these competent bodies do not perform all the tasks that they should according to the international obligations (e.g. they do not monitor systematically the situation of marginalized groups, they do not prepare analyses and publish reports on their situation and do not monitor the effectiveness of adopted measures). Moreover the protection of rights of some vulnerable groups does not fall within the scope of competencies of any of the state bodies (e.g. LGBT community, the elderly). The analysis did not review only obligations imposed by the EU directives, but also by other international obligations, such as Paris Principles, obligations deriving from the Convention on the rights of people with disabilities, Convention on the rights of a child and Convention on elimination of discrimination against women.
 

Source:

Analiza institucionalne ureditve spodbujanja enakosti in varstva pred diskriminacijo v Republiki Sloveniji [Analysis of Institutional Arrangement of promotion of Equality and Protection from Discrimination in the Republic of Slovenia], 31 January 2011, http://www2.gov.si/upv/vladnagradiva-08.nsf/IMiS?OpenAgent&3947BC30D254A3AFC1257829004F0F2E&1 

External Url http://www2.gov.si/upv/vladnagradiva-08.nsf/IMiS?OpenAgent&3947BC30D254A3AFC1257829004F0F2E&1

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Yes.

Qualitative Info

In its third report (2006) ECRI states that has received reports according to which racial profiling is not uncommon within the Slovenian police. The Human Rights Ombudsman has received some complaints in this area.
There is a well-known case from 2002 when two policemen stopped and performed an identity check on a woman wearing a headscarf. The only circumstance differentiating the woman from other persons in the vicinity was her headscarf, indicating that she was an adherent of Islam. The policemen did not give any legitimate reason for their operation. This event lead to the 2006 Constitutional Court decision that annulled the first paragraph of Article 35 of the Police Act which previously allowed identity checks of persons simply based on their appearance which might cause the suspicion they were perpetrators of misdemeanours or criminal offences. The Police Act did not clearly define of the term ‘appearance’ and thus allowed merely skin colour or type of clothing as a sufficient reason for identity checks. The Police Act has then been amended in order to comply with the decision of the Constitutional Court.

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Source: http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/SVN-CbC-III-2007-5-ENG.pdf

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The data on racist incidents are very limited in scope, however, there is some information indicating disparities.

Qualitative Info

There is only one unofficial collector of any data on hate crimes in Slovenia. Spletno-Oko.si [Web-Eye.si] is a Slovenian hotline which provides means for anonymous reporting of illegal Internet contents. This contact point, however, only records the internet-related hate speech incidents, so indications of disparities between unofficial data and crimes recorded by the police can only be found in this field.

In 2010 the police handled 52 criminal offences under Article 297 of the Criminal Code (hate speech). The same year Spletno-Oko.si received 801 complaints of alleged hate speech. Upon the assessment, 69 criminal denouncements were lodged with the police. Of these, 57% related to same-sex persons, 10% targeted Roma, additional 15% were aimed at other ethnic groups, 4% were instances of hate speech on the grounds of religion, 10 % of the cases were classified in the category ʻotherʼ, while in 1% of the cases no specific ground was identified. This shows disparities between police data and unofficial data, especially since Spletno-Oko.si records only internet-related hate speech incidents, while the data of the police are related to all forms of hate speech.

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Source: General Police Directorate;

http://www.spletno-oko.si/r/3/39/Aktualno/Stevilo_prijav_se_je_v_letu_2010_povecalo_za_dvakrat__porocilo_statistike_prijav_na_Spletno_oko/?&p1=603&p2=573

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There is no data confirming that areas with significant numbers of migrants/minorities are policed in a different way.

Qualitative Info

There is no data confirming that areas with significant numbers of migrants/minorities are policed in a different way.

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Yes.

Qualitative Info

The economic crisis revealed the unsatisfactory position of migrant workers. They often do not receive their salary for months, the employers do not pay their social contributions, they receive variety of threats from their employers, from threats of violence to threats of being fired. The migrant workers are overworked, uninformed, living in residence halls owned by the employers, in poor living conditions, often lacking money even for food. Since they are completely dependent of their employers (they can only stay in the country if they keep their employment) they are afraid to act. Many lost their jobs due to the crisis or their work permits and residence permits expired and therefore had to leave the country, even though their employers had not settled all their debts.

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Source: http://www.filantropija.org/news.asp?FolderId=147&ContentId=614

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There are no available data indicating differential sentencing.

Qualitative Info

There are no available data indicating differential sentencing.

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The data from 2009 show a higher unemployment rate of third country nationals (16%) comparing to unemployment rate of the general population (6 %). 

Data Third country nationals (16%), General population (6 %).

Qualitative Info

According to the Eurostat report, the data from 2009 show a higher unemployment rate of third country nationals (16%) comparing to unemployment rate of the general population (6 %). Among these, the unemployment rate of female migrants (27 %) is much higher than male (11%). The Eurostat report notes, however, that some of these data are unreliable due to a small sample.

 

Source:
Indicators on Immigrant Integration, A Pilot Survey, Eurostat, 2011, http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-RA-11-009/EN/KS-RA-11-009-EN.PDF
 

External Url http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-RA-11-009/EN/KS-RA-11-009-EN.PDF

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Statistics on ethnic origin of people, who are registered as unemployed, are not collected. According to the Eurostat report, the data from 2009 show a higher unemployment rate of people born in non-EU countries (8%) comparing to unemployment rate of the general population (6 %). Note that people born in non-EU cuntry can be either migrants or citizens.

Data Eurostat (2009): People born in non-EU countries (8%), General Population (6%).

Qualitative Info

Statistics on ethnic origin of people, who are registered as unemployed, are not collected. They were last collected in 2002 at the population census (according to this census, the unemployment of Roma was 72,3 %, while the assessment is that only 2 % of Roma in Slovenia is employed). The population census which is underway currently, will only include data from existing state registries which do not include the information on ethnic origin of people who are registered as unemployed.

The data are segregated only by the country of birth and citizenship which only provides an answer on the number of migrant workers among the unemployed but not on the number of members of minority groups who are already have citizenship and cannot be considered migrants anymore, even though they have been born in another state. According to the Eurostat report, the data from 2009 show a higher unemployment rate of people born in non-EU countries (8%) comparing to unemployment rate of the general population (6 %). Among these, the unemployment rate of female workers born in third countries is lower (7 %) than male (8%). The Eurostat report notes, however, that some of these data are unreliable due to a small sample. 

A short report issued by the Statistical Office on the International Migrants Day states that on January 1, 2010 the rates of unemployment of people registered as unemployed was the same (10,5 %) regardless if they were born in Slovenia or in another country. Compared to 1 January 2009, among foreign-born labour force the share of registered unemployed persons went up by almost 3 percentage points and among labour force born in Slovenia by 3.3 percentage points. At the beginning of 2010 among registered unemployed persons born in Slovenia 66.4% were unemployed less than a year, while among foreign-born registered unemployed person the share was 61%, the report states.

 

According to the 2003 report of the Institute for Ethnic Studies, the unemployment among minorities is higher than within the general population and amounts to 8,5 % with Croatians and 11 % with Muslims.

 

Source:

Statistical Office of the Republic of Slovenia, http://www.stat.si/popis2011/Faq.aspx

Indicators on Immigrant Integration, A Pilot Survey, Eurostat, 2011, http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-RA-11-009/EN/KS-RA-11-009-EN.PDF

Statistical Office of the Republic of Slovenia, International Migrants Day 2011, Special release, December 15, 2011, http://www.stat.si/eng/novica_prikazi.aspx?id=4415

Albanci, Bošnjaki, Črnogorci, Hrvati, Makedonci in Srbi v Republiki Sloveniji (Albanians, Bosniaks, Montenegrins, Croatians, Macedonians and Serbs in the Republic of Slovenia), Institute for Ethnic Studies, 2003, available at http://www.inv.si/DocDir/Publikacije-PDF/Raziskovalna%20porocila/Raziskava_Polozaj_in_status_pripadnikov_narodov_nekdanje_Jugoslavije_v_RS.pdf

 

External Url http://www.stat.si/eng/novica_prikazi.aspx?id=4415

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There is no information available on pay segregated by migration background. According to Eurostat, households of third country nationals in Slovenia have a lower annual income comparing to nationals.

Data Median annual disposable income for nationals (14.687 EUR), EU nationals (13.987 EUR), third-country nationals (12.923 EUR).

Qualitative Info

There is no information available on pay segregated by migration background. The Statistical Office of the Republic of Slovenia collects data on pay segregated by sex, age, educational attainment and economic activity. There is, however, information available on household income, segregated by the nationality of the household members. According to Eurostat, households of third country nationals in Slovenia have a lower annual income comparing to nationals. According to the 2011 report, the data shows lower median annual equivalised disposable incomes for third country nationals. The median annual disposable income for nationals' households was 14.687 EUR, for other EU member states nationals' households 13.987 EUR and for third-country nationals' households 12.923 EUR.

 

Source:

Migrants in Europe. A statistical portrait of the first and second generation. Eurostat Statistical books, 2011, available at http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-31-10-539/EN/KS-31-10-539-EN.PDF   

External Url http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-31-10-539/EN/KS-31-10-539-EN.PDF

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There are no legal restrictions for migrants and minorities to become members of trade unions.

Qualitative Info

There are no legal restrictions for migrants and minorities to become members of trade unions. The trade unions do not bar migrants from becoming their members on the grounds of nationality. The statute of the Confederation of trade unions of Slovenia Pergam states that any worker who concluded an employment contract for full time or part time work or for a permanent or temporary employment may become a member of this trade union (Article 16). The statutes of trade unions which are members of the Union of Free Trade Unions of Slovenia also allow all workers to become members, and their membership does not depend on their nationality. 

 

Source:

Statute of Confederation of trade unions of Slovenia Pergam, available at http://www.sindikat-pergam.si/images/uploads/statut_kss_pergam_2011_(končni).pdf.  

External Url http://www.sindikat-pergam.si/images/uploads/statut_kss_pergam_2011_(končni).pdf

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According to the Civil Servants Act, Slovenian citizenship is in general not a condition for employment in public sector. However, according to the Civil Servants Act, citizenship is a condition for nomination in a specific title (naziv) after passing a required professional exam (Article 88). On the other hand, the guideline at the web site of the Ministry of Public Administration states that for administrative positions citizenship is always required.

Qualitative Info

According to the Civil Servants Act, Slovenian citizenship is in general not a condition for employment in public sector. Indeed when job openings are published in the private sector, citizenship is not stated as a condition. Article 6 of the Employment Relationship Act prohibits any kind of direct discrimination and indirect discrimination in access to employment on various personal grounds, including race, ethnicity and any other personal ground which includes nationality, except in cases of genuine occupational requirements.

 

However, according to the Civil Servants Act, citizenship is a condition for nomination in a specific title (naziv) after passing a required professional exam (Article 88).

 

In public sector there are two types of work posts: administrative work posts and support/technical posts. If the employees at administrative work posts are expected to perform public tasks (issue decisions, implement administrative procedures etc.) they need to be nominated into a specific title (secretary, undersecretary, counsel etc.). For this, citizenship of Slovenia is a requirement. In practice this means that citizenship is a requirement for promotion in the public sector. 

 

Source:

Civil Servants Act (Zakon o javnih uslužbencih), Official Journal of the Republic of Slovenia, No. 63/2007 and 65/2008.

Employment Relationship Act (Zakon o delovnih razmerjih), Official Journal of the Republic of Slovenia, No. 42/2002 and 103/2007. 

http://www.mju.gov.si/si/delovna_razmerja_in_stipendiranje/objave_prostih_delovnih_mest/

External Url http://zakonodaja.gov.si/rpsi/r07/predpis_ZAKO3177.html

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There are no legal restrictions for migrants and minorities to become members of trade unions.

Qualitative Info

There are no legal restrictions for migrants and minorities to become members of trade unions. The trade unions do not bar migrants from becoming their members on the grounds of nationality. The statute of the Confederation of trade unions of Slovenia Pergam states that any worker who concluded an employment contract for full time or part time work or for a permanent or temporary employment may become a member of this trade union (Article 16). The statutes of trade unions which are members of the Union of Free Trade Unions of Slovenia also allow all workers to become members, and their membership does not depend on their nationality.

 

Source:

Statute of Confederation of trade unions of Slovenia Pergam, available at http://www.sindikat-pergam.si/images/uploads/statut_kss_pergam_2011_(končni).pdf. 

External Url http://www.sindikat-pergam.si/images/uploads/statut_kss_pergam_2011_(končni).pdf

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Invisible Workers of the World (IWW) - a civil society initiative.

Qualitative Info

Invisible workers of the world (Nevidni delavci sveta) is an informal group of activists which works to raise awareness, support, give advice to immigrants/minorities and encourages their political participation. It consists of migrant workers themselves as well of some civil society activists. The group started monitoring living and working conditions of migrant workers while this was still a marginal topic in the public discourse.  It tried not only to raise awareness of their situation in the general public, but also pioneered their self-organisation.
 

 

Source:
www.njetwork.org/IWW-Nevidni-delavci-sveta    
 

External Url www.njetwork.org/IWW-Nevidni-delavci-sveta

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Yes, migrants are excluded from non-profit housing and there are numerous dormitories in Slovenia intended solely for migrant workers.

Qualitative Info

According to the Housing Act, only Slovenian citizens, migrants under the principle of reciprocity and EU nationals with permanent residence in Slovenia have the right to apply for non-profit housing. Consequently, third country nationals are excluded from non-profit schemes. As this also concerns third country nationals with a permanent residence permit, Slovenia is in violation of the Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents as well as the European Social Charter (revised).

 

De facto segregation of migrant workers was and still is a big problem in Slovenia. Large numbers of migrant workers were accommodated in dormitories owned by the companies who employed them. Migrants had to pay these companies a rent for the apartment, and they were obliged to stay in these dormitories. The payments of rents were deducted from their salaries. If they wished they could find private accommodation, however, at the expense of an additional rent. The hygienic and living conditions in these dormitories were at times appalling. The situation reached a peak in 2009 and 2010 when due to the economic crisis that affected the construction sector causing many migrants to lose their job making them unable to pay for housing. Only in 2011 when a new Employment and Work of Aliens was adopted it included a provision obliging the employers who also offer accommodation for migrant workers to respect minimum standards of the premises.

 

Source:

Housing Act (Stanovanjski zakon, SZ-1), Official Gazette of the Republic of Slovenia, no. 69/2003.

Employment and Work of Aliens Act (Zakon o zaposlovanju in delu tujcev, ZZDT-1), Official Gazette of the Republic of Slovenia, No. 26/2011.

Mozetič, Polona. Worker's dormitories : from private property to public forum and back again. In: KIRN, Gal (ur.), KRALJ, Gašper (ur.), PIŠKUR, Bojana (ur.). New public spaces : dissensual political and artistic practices in the post-Yugoslav context. Maastricht: Jan van Eyck Academie: Moderna galerija, 2009, str. 49-62.
 

External Url http://www.uradni-list.si/1/objava.jsp?urlid=201126&stevilka=1152

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Precise data on ethnic origin of segregated migrant group is not available. Hwever, the largest group of migrant workers in Slovenia are workers from Bosnia and Herzegovina.

Qualitative Info

Precise data on ethnic origin of segregated migrant group is not available, however, it can be assumed on the basis of statistics of country of nationality of all migrant workers in Slovenia. The largest number of immigrants in Slovenia comes from countries of former Yugoslavia, predominantly from Bosnia and Herzegovina. According to official statistics, on 31 August 2011 there were 21.043 foreigners from Bosnia and Herzegovina residing in Slovenia on the basis of a temporary residence permit (out of 46.638 in total). 5465 were from Kosovo, 4956 from Croatia, 4841 from Serbia, and 4239 from Macedonia. Historically, the Western Balkans was the main pool of workers needed in the Slovenian labour market. The outbreak of economic crisis and the protective measures imposed by the government, however, had an impact on the levels of migration, and Slovenia recorded, for the first time in years, negative net migration from abroad in 2010.

 

Source:

Data available on the web page of the Ministry of the Interior, www.mnz.gov.si/fileadmin/mnz.gov.si/pageuploads/DMI/SMZ/Nameni_oziroma_razlogi_prebivanja_drzavljanov_tretjih_drzav_31082011_.doc (25 October 2011).
 

External Url www.mnz.gov.si/fileadmin/mnz.gov.si/pageuploads/DMI/SMZ/Nameni_oziroma_razlogi_prebivanja_drzavljanov_tretjih_drzav_31082011_.doc

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A minority group with which segregation is most visibel is the Roma community. 

Qualitative Info

A minority group with which segregation is most visibel is the Roma community. According to the Amnesty International Report, most of the Roma population in Slovenia lives in segregated settlements (slums) in rural areas, in living conditions that are far below minimum standards. Problems pertaining these settlements are insecurity of tenure and problems with accessing basic infrastructure such as water, sanitation and transport facilities. The estimation of the number of Roma in Slovenia is between 7.000 and 12.000 (0,5 % of the population). Most of them are concentrated in southeast regions Dolenjska, Posavje and Bela Krajina and in northeast region Prekmurje. Some also live in urban areas, such as Ljubljana, Maribor and Velenje. There are 105 Roma settlements in Slovenia where around 9000 Roma people live (as estimated). There are no similar data on segregation of other ethnic groups in Slovenia.

 

Sources:

Parallel lives. Roma denied rights to housing and Water in Slovenia, report, Amnesty International, 2011, available at http://www.amnesty.org/en/library/info/EUR68/005/2011.

Spatial problems of Roma settlements in Slovenia, Expert group for Roma settlements, Ministry of Environment and Spatial Planning, 2010, available at  http://www.mop.gov.si/fileadmin/mop.gov.si/pageuploads/publikacije/drugo/prostorski_problemi_romskih_naselij_elaborat.pdf.
 

External Url http://www.amnesty.org/en/library/info/EUR68/005/2011

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A minority group with which segregation is most visibel is the Roma community.

Group Roma community

Qualitative Info

A minority group with which segregation is most visibel is the Roma community. According to the Amnesty International Report, most of the Roma population in Slovenia lives in segregated settlements (slums) in rural areas, in living conditions that are far below minimum standards. Problems pertaining these settlements are insecurity of tenure and problems with accessing basic infrastructure such as water, sanitation and transport facilities. The estimation of the number of Roma in Slovenia is between 7.000 and 12.000 (0,5 % of the population). Most of them are concentrated in southeast regions Dolenjska, Posavje and Bela Krajina and in northeast region Prekmurje. Some also live in urban areas, such as Ljubljana, Maribor and Velenje. There are 105 Roma settlements in Slovenia where around 9000 Roma people live (as estimated). There are no similar data on segregation of other ethnic groups in Slovenia.

 

Sources:

Parallel lives. Roma denied rights to housing and Water in Slovenia, report, Amnesty International, 2011, available at http://www.amnesty.org/en/library/info/EUR68/005/2011.

Spatial problems of Roma settlements in Slovenia, Expert group for Roma settlements, Ministry of Environment and Spatial Planning, 2010, available at  http://www.mop.gov.si/fileadmin/mop.gov.si/pageuploads/publikacije/drugo/prostorski_problemi_romskih_naselij_elaborat.pdf.

 

External Url http://www.amnesty.org/en/library/info/EUR68/005/2011

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There are no reports or information available on majority driven segregation in Slovenia.

Qualitative Info

There are no reports or information available on majority driven segregation in Slovenia. Roma settlements were set up by Roma in areas where there were no settlements before or where they used to camp.     

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Only citizens of Slovenia have access to non-profit rented housing which disproportionately affects minority ethnic groups. There are numerous documented cases of Roma who were prevented from buying or renting real estate property.   

Qualitative Info

According to the Housing Act, only Slovenian citizens, migrants under the principle of reciprocity and EU nationals with permanent residence in Slovenia have the right to apply for non-profit housing. Consequently, third country nationals are excluded from non-profit schemes. The condition is therefore nationality and ethnic group, meaning that there is no direct discrimination on the grounds of ethnicity. The situation is different with regard to indirect discrimination, as such rules disproportionately affect people of non-majoritarian ethnic origin.

 

According to Amnesty International, there are numerous documented cases when Roma families tried to purchase or rent property in order to secure their housing rights, but their attempts were blocked either by local communities or by individuals leaving these communities. Further, in most municipalities Roma families face barriers in accessing non-profit housing, which include lack of information, biased attitudes and discriminatory criteria for allocation. Further, since most Roma settlements have no security of tenure, they often face forced evictions. Several cases are documented. However, there is a lack of any comprehensive data on the number of forced evictions.  

 

Source:

Housing Act (Stanovanjski zakon, SZ-1), Official Gazette of the Republic of Slovenia, no. 69/2003.

Parallel lives. Roma denied rights to housing and Water in Slovenia, report, Amnesty International, 2011, available at http://www.amnesty.org/en/library/info/EUR68/005/2011.

External Url http://www.amnesty.org/en/library/info/EUR68/005/2011

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Yes, there is extensive data available on difficult living conditions of migrant workers in company-owned dormitories as well as on appaling living conditions of Roma in certain settlements.  

Qualitative Info

In Slovenia large numbers of migrant workers have been accommodated in dormitories owned by the companies who employed them. Migrants had to pay these companies a rent for the apartment, and they were obliged to stay in these dormitories. The payments of rents were deducted from their salaries. The hygienic and living conditions in these dormitories were at times appalling. The situation reached a peak in 2009 and 2010 when due to the economic crisis that affected the construction sector causing many migrants to lose their job making them unable to pay for housing. Only in 2011 when a new Employment and Work of Aliens was adopted it included a provision obliging the employers who also offer accommodation for migrant workers to respect minimum standards of the premises. Since the number of migrant workers decreased significantly due to the crisis in the construction sector, these dormitories are now almost empty.

 

In 2011 a study on occupational health of migrant workers was carried out. It included 92 migrant workers, mainly from Bosnia and Herzegovina accommodated in one of the largest dormitories in Ljubljana. In regard to accommodation, one-fifth of the respondents assessed it as very poor, while almost half of the respondents stated that the living conditions tended to be average, except for the lack of laundry options because they did not have a washing machine.

 

In 2012, the Slovenian Human Rights Ombudsman produced a special report on living conditions of the Roma residing in south-eastern parts of the country. The report was based on the Roma-related cases observed by the Ombudsman. The Ombudsman found that:

• the residents of one of the Roma settlements were deprived of access to safe drinking water;
• in case of another settlement the relevant local authorities failed to initiate procedure for determination of house number in another settlement, and, as a result, the residents were prevented from enjoying fundamental rights such as the right to social security and healthcare, the right to vote as well as the right to education;
• another municipality failed to provide for the inclusion of Roma settlements in the relevant spatial plans, and missed the opportunity to take part in a public call aimed at purchasing plots of land from non-Roma owners.

 

According to the Ombudsman, several municipalities, which are, by the relevant laws, primarily responsible for the regulation of and public infrastructure in the Roma settlements, tend to be inefficient in solving the situation in these settlements. With regard to the regulation of the Roma settlements, the Ombudsman noted attempts of municipalities to transfer the responsibility for the regulation of the Roma settlements to the state authorities and vice versa. They also established that insufficient funds had been allocated from the state budget for improving the housing situation of the Roma, and further noted that certain municipalities, including for political reasons, refrained from applying for state funds, as this is often linked to the adoption of spatial plans implying regularisation of the Roma settlements. By late 2011, the majority of municipalities, with the Roma population, in south-eastern parts of the country failed to adopt the relevant spatial plans. The reasons for municipalities’ failure to address the issue of the regularisation of Roma settlements include certain resistance on the part of the majority population as well as the complexity of regularisation procedures. In regard to the latter, municipalities often lack qualified staff.

 

Generally, the Ombudsman established that the conditions in the Roma settlements and their neighbourhoods are serious, and that the responsibility for the regularisation should directly be assumed by the state authorities.

 

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Source:

• Draksler, K. (2011) ´The Health of migrant workers in Slovenia: Results of a pilot study` in: Bonmati Tomas, A., Contu, P., Fosse, E., Hofmeister, A., Kennedy, L., Koelen, M., Lindstrom, B., Pavleković, G., Pluemer, K.D.,  Pocetta, G., Stanistreet, D., Vaandrager, L. (eds.), European dimension of health promotion: Twenty years of capacity building: Evolution of Salutogenic Training: The ETC ‘Healthy Learning’ Process, Zagreb, European Training Consortium in Public Health and Health Promotion (ETC-PHHP) and Andrija Štampar School of Public Health, School of Medicine, University of Zagreb, p. 97.
• Slovenia, Human Rights Ombudsman (Varuh človekovih pravic) (2012) Posebno poročilo o bivanjskih razmerah Romov na področju jugovzhodne Slovenije, Ljubljana, Varuh človekovih pravic, available at: www.varuh-rs.si/fileadmin/user_upload/pdf/posebna_porocila/POSEBNO_POROCILO_ROMI_-_maj_2012_-_za_splet.pdf.   

 

External Url www.varuh-rs.si/fileadmin/user_upload/pdf/posebna_porocila/POSEBNO_POROCILO_ROMI_-_maj_2012_-_za_splet.pdf

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Among all migrant or minority groups in Slovenia, Roma community has most difficulties accessing housing of an acceptable quality.

Groups Roma Community

Qualitative Info

Among all migrant or minority groups in Slovenia Roma community has most difficulties accessing housing of an acceptable quality. There are several barriers which prevent them to do so: lack of legal basis for their houses or huts in Roma settlements which the municipalities use to justify their lack of right to access water, electricity and waste management infrastructure; barriers to access non-profit rented housing due to lack of information, biased attitudes and discriminatory criteria for allocation; and exclusion practices blocking the Roma families to buy or rent real estate outside of Roma settlements. 

 

Source:

Parallel lives. Roma denied rights to housing and Water in Slovenia, report, Amnesty International, 2011, available at http://www.amnesty.org/en/library/info/EUR68/005/2011.
 

External Url http://www.amnesty.org/en/library/info/EUR68/005/2011

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Yes, there is evidence on difficulties of the Roma to buy or rent property.  

Qualitative Info

The Human Rights Ombudsman dealt with at least one case of housing-related discrimination in 2012. The case concerned a Roma family which moved from a municipality of their residence, namely a Roma settlement, to another municipality, where they bought a house in a non-Roma residential area. The locals gathered to discuss possible solutions aimed at preventing the Roma to move to their neighbourhood. According to the Ombudsman, in the light of constitutional rights, including the right of individuals to freely choose their residence, especially worrying were public promises made by mayors of the municipalities to the locals that they would undertake to convince the Roma family to return to their former place of residence. The Ombudsman further established that such promises only represents support to the intolerance on the part of the local residents, and that the case exhibits signs of direct discrimination on the grounds of ethnic origin. 

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Source:

• Slovenia, Human Rights Ombudsman (Varuh človekovih pravic) (2012) ´Varuh zaskrbljen zaradi nestrpnosti ob preselitvi romske družine na Vranoviče`, Press release, 19 Marc 2012, available at: www.varuh-rs.si/medijsko-sredisce/sporocila-za-javnosti/novice/detajl/varuh-zaskrbljen-zaradi-nestrpnosti-ob-preselitvi-romske-druzine-na-vranovice/?cHash=86b18598adf934104c07a55798e615de
   

External Url http://www.amnesty.org/en/library/info/EUR68/005/2011

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Roma and migrant workers face difficulties in accessing housing of their own choice.

Groups Roma & Migrant workers.

Qualitative Info

According to Amnesty International there are numerous documented cases when Roma families tried to purchase or rent property in order to secure their housing rights, but their attempts were blocked either by local communities or by individuals leaving these communities.

 

In one case in 2001 a president of a local community was found guilty of incitement to hatreat, violence and intolerance because he hosted a meeting after he was notified that a person of a Roma origin bought property in the village. At the meeting the participants voted for a decision that the buyer was not welcome at the village. Afterwards the petition was being singned among the villagers supporting the decision accepted at the meeting. The defendants – the president who had prepared and signed the minutes of the meeting and another resident who had collected the signatures – were convicted with a sanction of suspended imprisonment.

 

In 2006 an eviction of the Roma family Strojan took place. The eviction was demanded by a mob and assisted by the state. The family was evicted even though they resided on land owned by them, in a house that was not legally built. The case was extensively reported in a Human Rights Ombudsman Report for the year 2008. See also case studies on Slovenia on this portal.  

 

Another problem is de facto forced housing for migrant workers. Large numbers of migrant workers in Slovenia have been accommodated in dormitories owned by the companies who employed them. Migrants had to pay these companies a rent for the apartment, and they were obliged to stay in these dormitories. The payments of rents were deducted from their salaries. If they wished they could find private accommodation, however, at the expense of an additional rent. The situation reached a peak in 2009 and 2010 when due to the economic crisis that affected the construction sector causing many migrants to lose their job making them unable to pay for housing. Since the number of migrant workers decreased significantly due to the crisis in the construction sector, these dormitories are now almost empty. 

 

Source:

Parallel lives. Roma denied rights to housing and Water in Slovenia, report, Amnesty International, 2011, available at http://www.amnesty.org/en/library/info/EUR68/005/2011.

Judgment of a County Court Ilirska Bistrica, no. K 50/99 of 31. 12. 2001. 

Human Rights Ombudsman Report for the year 2008, available at http://www.varuh-rs.si/fileadmin/user_upload/pdf/lp/Varuh_LP-2008.pdf.

MOZETIČ, Polona. Worker's dormitories : from private property to public forum and back again. In: KIRN, Gal (ur.), KRALJ, Gašper (ur.), PIŠKUR, Bojana (ur.). New public spaces : dissensual political and artistic practices in the post-Yugoslav context. Maastricht: Jan van Eyck Academie: Moderna galerija, 2009, str. 49-62.   

External Url http://www.amnesty.org/en/library/info/EUR68/005/2011

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Yes, there are evidences of lack of accessibility of Slovenian educational system for children from Roma community.

Qualitative Info

There are evidence of inadequate enrollment rate for Roma children on various level of education.

Various reports produced by state bodies, research and non-govermental organisations refer to problems and practical obstacles in access to education for children originating from Roma community. Problems include  high rate of school failure and high number of school out-drops of Roma children, both connected with the lack of Slovenian language competence among them (consequently lack of ability to follow the educational process), but also with low expectations, non-attendance of classes, discouraging domestic conditions etc. Proportion of Roma children enrolled in the schools for children with special needs  (disabilities) is seven times higher than for majority children. There are also evidences of homogeneous classes for Roma children in kindegartens and elementary schools as a result of other measures (such as for istance division of children with different level of knowledge of certain subject), although it is a practice which has been officially abandoned. Practical obstacles includes also stygmatisation of Roma children from the part of majority children and their parents.

There have been various policy documents and measures developed by the Ministry of Education, especially after EU membership (2004) to improve access of education for Roma children and their success.

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Source:

Albina Necak Luk and Sonja Novak Lukanovic: "Inclusion of Roma Children into Education in Slovenia: The Language Competence and Culture Dimensions", The Open Education Journal, 4/2011. http://benthamscience.com/open/toeduj/articles/V004/SI0130TOEDUJ/164TOEDUJ.pdf. Date of access: 9.1.2012.

Amnesty International Report on Education of Roma Children in Bosnia and Herzegovina, Croatia and Slovenia, 2006, http://www.humanrightspoint.si/files/att/roma/Roma%20report%20BiH%20CRO%20SLO%20FINAL.pdf. Date of access: 10.1.2012.

Amnesty International Slovenia Report, 2010, http://www.amnesty.org/en/region/slovenia/report-2010. Date of access: 10.1.2012.

Strategy for Education of Roma in Slovenia, 2004. http://www.mss.gov.si/fileadmin/mss.gov.si/.../0721_strategija_Romi.doc. Date of access: 10.1.2012.

External Url http://www.humanrightspoint.si/files/att/roma/Roma%20report%20BiH%20CRO%20SLO%20FINAL.pdf

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There are some obstacles and problems with inclusion of migrants in the educational system, including differential enrollment rates for certain type or level of education.

Qualitative Info

In Slovenia, the notion "migrant" is often used, even in official documents, for two groups: first, people holding Slovenian citizenship (gained after the dissolution of Yugoslavia) with ethnic background in other republics of former Yugoslavia, who had a status of migrant workers in 1970s, but the prevailing discourse keeps categorizing them them and their children/grandchildren as migrants rather than minorities. The second group are residents of Slovenia with actual status of migrants; they are again in wast majority belonging to nations of former Yugoslavia and to working class.

Children and students from both groups face some obstacles in advancing through the educational system in Slovenia, although those having actual status of migrants are in a more specific situation and as such are subject of actual inclusion policy measures.

The obstacles include poorer comand of Slovenian language, which influence also success in other subjects; disadvantaged socio-economic domestic situation (beloning to working class in most cases), inadequate inclusion of parents in the school environment and  in society, stigmatization and intolerance in society,  lack of instruments, skills and tools that would enable schools and teachers to work with children with migrant background, etc. Poorer educational performance of disproportionally high number of children with migrant background a make lot of them unable to be enrolled in grammar schools and at university programs which, once completed,  would make them able to achieve highest educational degrees and to advance within the structure of power in the society.

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Sources:

A study on situation with "second generation" of migrants from former Yugoslavia in Slovenia published in a book  written by authors B. Dekleva, Š. Razpotnik: "Čefurji so bili rojeni tu: življenje mladih priseljencev druge generacije v Ljubljani", Faculty of Education and Institute for Criminology at the Law Faculty, Ljubljana, 2002.

Strategy for inclusion of children and students with migrant background in the educational system in Slovenia, Ministry of Education, 2007, http://www.mss.gov.si/si/solstvo/razvoj_solstva/projekti/enake_moznosti/#c843. Date of access: 10.9.2012.

Assessment of the situation with inclusion of children and students with migrant background in the educational system in Slovenia, Slovenian Philantrophy-Association for the Promotion of Volunteering, http://www.filantropija.org/library/includes/file.asp?FileId=79. Date of access: 10.9.2012.

External Url http://www.mss.gov.si/si/solstvo/razvoj_solstva/projekti/enake_moznosti/#c843

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There are evidences of poorer educational performance by Roma children and children with migrant background.

Qualitative Info

For many years a number of reports produced by state bodies, research and non-govermental organisations in Slovenia refer to high rate of school failure and high number of school out-drops of Roma children, both connected with the lack of Slovenian language competence among them (consequently lack of ability to follow the educational process), but also with low expectations, non-attendance of classes, discouraging domestic conditions etc.

Evidence of poorer educational performance for children with migrant background have been mentioned in several studies on the situation with migrant students in elementary and secondary schools in Slovenia. A survey done among schools indicates that the schools see reasons for problems with educational perfomance of children with migrant background in poor knowledge of Slovenian language, in cultural differences, different school system, intolerance in society, and socio-economic status of migrants. At the same time the Strategy for inclusion of children and students with migrant background in the educational system in Slovenia, developed by the Ministry of Education refers also to problems on the side of schools where the amount of additional Slovenian language classes for migrant students,  teaching materials as well as competences of teachers are inadequate.

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Sources:

Strategy for education of Roma in Slovenia, Ministry of Education, 2004, http://www.mss.gov.si/si/solstvo/razvoj_solstva/projekti/enake_moznosti/#c842. Date of access: 10.1.2012.

Addition to Strategy for education of Roma in Slovenia, Ministry of Education, 2011, http://www.mss.gov.si/fileadmin/mss.gov.si/pageuploads/podrocje/razvoj_solstva/projekti/Strategija_Romi_dopolnitev_2011.pdf. Date of access: 10.1.2012.

Amnesty International Report on Education of Roma Children in Bosnia and Herzegovina, Croatia and Slovenia, 2006, http://www.humanrightspoint.si/files/att/roma/Roma%20report%20BiH%20CRO%20SLO%20FINAL.pdf. Date of access: 10.1.2012.

Amnesty International Slovenia Report, 2010, Amnesty International Slovenia Report, 2010, http://www.amnesty.org/en/region/slovenia/report-2010. Date of access: 10.1.2012.

Albina Necak Luk and Sonja Novak Lukanovic: "Inclusion of Roma Children into Education in Slovenia: The Language Competence and Culture Dimensions", The Open Education Journal, 4/2011, http://benthamscience.com/open/toeduj/articles/V004/SI0130TOEDUJ/164TOEDUJ.pdf. Date of access: 10.1.2012.

Strategy for inclusion of children and students with migrant background in the educational system in Slovenia, Ministry of Education, 2007. http://www.mss.gov.si/si/solstvo/razvoj_solstva/projekti/enake_moznosti/#c843. Date of access: 10.1.2012.

Assessment of the situation with inclusion of children and students with migrant background in the educational system in Slovenia, Slovenian Philantrophy-Association for the Promotion of Volunteering, http://www.filantropija.org/library/includes/file.asp?FileId=79. Date of access: 10.1.2012.

External Url http://www.mss.gov.si/si/solstvo/razvoj_solstva/projekti/enake_moznosti/#c842

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High percentage of children from Roma community doesn't attain the classes regulary and quits school before graduates.

Qualitative Info

High number of school out-drops of Roma children and their non-attendance of classes have been  identified and addressed in many documents and projects by state bodies, research and non-government organisations in Slovenia. In analysis of the situation the problems of non-attendance and drop out of Roma children are explained by their lack of Slovenian language competence and consequently lack of ability to follow the educational process, but also by low expectations, discouraging domestic conditions, stigmatisation of Roma children from the part of majority children and their parents and inability of school system to develop adequate tools and mechanisms to improve the situation.

There have been various policy documents and measures developed by the Ministry of Education, especially after EU membership (2004), in the field of education of Roma in Slovenia, as well as number of projects developed by civil society and research organisations to address the issue.

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Sources:

Strategy for education of Roma in Slovenia, Ministry of Education, 2004, http://www.mss.gov.si/si/solstvo/razvoj_solstva/projekti/enake_moznosti/#c842. Date of access: 10.1.2012.
Addition to Strategy for education of Roma in Slovenia, Ministry of Education, 2011, http://www.mss.gov.si/fileadmin/mss.gov.si/pageuploads/podrocje/razvoj_solstva/projekti/Strategija_Romi_dopolnitev_2011.pdf. Date of access: 10.1.2012.
Amnesty International Report on Education of Roma Children in Bosnia and Herzegovina, Croatia and Slovenia, 2006, http://www.humanrightspoint.si/files/att/roma/Roma%20report%20BiH%20CRO%20SLO%20FINAL.pdf. Date of access: 10.1.2012.
Amnesty International Slovenia Report, 2010, Amnesty International Slovenia Report, 2010, http://www.amnesty.org/en/region/slovenia/report-2010. Date of access: 10.1.2012.
Albina Necak Luk and Sonja Novak Lukanovic: "Inclusion of Roma Children into Education in Slovenia: The Language Competence and Culture Dimensions", The Open Education Journal, 4/2011, http://benthamscience.com/open/toeduj/articles/V004/SI0130TOEDUJ/164TOEDUJ.pdf. Date of access: 10.1.2012.

External Url http://www.mss.gov.si/si/solstvo/razvoj_solstva/projekti/enake_moznosti/#c842

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Yes, there are efforts and initiatives by state and non-state actors to improve situation with educational performance of Roma and migrants.

Qualitative Info

Significant efforts have been made by the state in developing strategies and implementing measures to improve conditions for inclusion of Roma children in educational system and also for adult Roma to achieve formal education, especially since 2004 and EU membership of Slovenia. In 2004 the national strategy was developed and updated in 2011, including critical assessment of the situation and the system, but also providing recommendations for adequate measures.

The measures include financial support to schools with  Roma students to cover cost of additional classes and assistance to Roma students, to cover costs of transport, handbooks and meals for them; it is also allowed to schools to form classes with smaller number of students than it is established with general standars (to allow teachers to work more with Roma students during the classes); the position of Roma assistant to teachers have been introduced at the beginning as an experiment, (to help teachers in communication with Roma children) without clear role, but gradually the position gained formal status.

Various research and civil society organisations have developed, mostly with the support of EU funds (partly also with the support of the Open Society Foundations, especially in late 1990s), number of projects to provide support to schools and kindergartens with training courses, educational tools etc., but also to provide support to Roma chidlren and Roma community in learning Slovenian language and developing skills for integration in the school system. Number of campaigns and public awareness initiatives have been simultaneously developed against discrimination of Roma in education and other areas. Critical assessments of the situation with Roma inclusion in education have been done by non-governmental organisations, contributing to policy changes. Summer camps and similar initiatives to empower young Roma for participation in educational system and develop own talents have been organised by Roma associations and other non-governmental organisations.

In 2007 the Ministry of Education have also developed a strategy for inclusion of children with migrant background in education, identifying goals and measures. Among them are additional Slovenian language classes provided to children with migrant background in schools for which schools receive funds from the state. In 2011 the Guidelines for better integration of children with migrant background in the educational system in Slovenia have been developed by the Institute for Education (Zavod za šolstvo) of the Republic of Slovenia with detailed instructions for schools which measures and values to introduce and promote.

Some non-governmental organisations such as the Slovenian Philanthropy work with children and youth with migrant background, assisting them in the process of integration in the educational system and in the society, but also with relevant institutions to improve assessibility of the system for children and youth with migrant background. Such NGOs for their projects gain financial support from various state bodies, EU funds etc.

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Sources

Strategy for education of Roma in Slovenia, Ministry of Education, 2004, http://www.mss.gov.si/si/solstvo/razvoj_solstva/projekti/enake_moznosti/#c842. Date of access: 10.1.2012.

Addition to Strategy for education of Roma in Slovenia, Ministry of Education, 2011, http://www.mss.gov.si/fileadmin/mss.gov.si/pageuploads/podrocje/razvoj_solstva/projekti/Strategija_Romi_dopolnitev_2011.pdf. Date of access: 10.1.2012.

Amnesty International Report on Education of Roma Children in Bosnia and Herzegovina, Croatia and Slovenia, 2006, http://www.humanrightspoint.si/files/att/roma/Roma%20report%20BiH%20CRO%20SLO%20FINAL.pdf. Date of access: 10.1.2012.

Amnesty International Slovenia Report, 2010, Amnesty International Slovenia Report, 2010, http://www.amnesty.org/en/region/slovenia/report-2010. Date of access: 10.1.2012.

Albina Necak Luk and Sonja Novak Lukanovic: "Inclusion of Roma Children into Education in Slovenia: The Language Competence and Culture Dimensions", The Open Education Journal, 4/2011, http://benthamscience.com/open/toeduj/articles/V004/SI0130TOEDUJ/164TOEDUJ.pdf. Date of access: 10.1.2012.

Program "Migrations", The Slovenian Philanthropy, http://www.filantropija.org/filantropija.asp?FolderId=129. Date of access: 11.1.2012.

Strategy for inclusion of children and students with migrant background in the educational system in Slovenia, Ministry of Education, 2007. http://www.mss.gov.si/si/solstvo/razvoj_solstva/projekti/enake_moznosti/#c843. Date of access: 10.1.2012.

Assessment of the situation with inclusion of children and students with migrant background in the educational system in Slovenia, Slovenian Philanthropy-Association for the Promotion of Volunteering, http://www.filantropija.org/library/includes/file.asp?FileId=79. Date of access: 10.1.2012.

External Url http://www.mss.gov.si/si/solstvo/razvoj_solstva/projekti/enake_moznosti/#c842

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Some reports provide indications of  Roma pupils being victims of bullying and harassment in schools in Slovenia, but also of Roma pupils' violent behaviour.

There are surveys that reveal homophobic violence in secondary schools in Slovenia.

 

Qualitative Info

The Amnesty International report on education of Roma in Slovenia (2006) refers to Roma children as "targets for bullying and harassment", while the report on human rights in Slovenia by the US State Department (2010)  - referring to information gathered by the Amnesty International and the Roma Council - reveals that Roma children are exposed  to certain forms of violence also by the schools since "public school officials in Novo Mesto required Romani students to shower, using school facilities before classes, subjecting them to ridicule and humiliation".

At the same time some official documents produced by schools reffer to violent behaviour of Roma pupils as a reason why parents of non-Roma pupils request separate classes.

According to the survey done by  Legebitra, a civil society organisation that promote rights of LGBTQ population, 35 percent of the LGBTQ population in secondary schools in Slovenia have been victims of some kind of violence (including physical attacks targeting mostly gays). In some cases LGBTQ students in secondary schools have been victims of bullying and harassment not only by other students but also by teachers.

Studies on "second generation of immigrants from former Yugoslavia in Slovenia"  have also revealed specific experience  of young members of national minorities from other parts of former Yugoslavia (Albanians, Bosniaks, Croats, Serbs etc.) with verbal,  emotional and physical violence in school (in the role of both  victims and perpetrators).

According to the studies and discussions on violence in schools in Slovenia, the violent behaviour of students  have not been  officially  perceived and addressed in schools in the context of ethnic divisions, but rather by reffering to family relations and eventually to other structural conditions such as class differences.

---

Sources:

False starts - The exclusion of Romani children from primary education in Bosnia and Herzegovina, Croatia and Slovenia, Amnesty International Report 2006, http://www.amnesty.org/en/library/info/EUR05/002/2006/en. Date of access: 26.1.2012.

Human Rights Report - Slovenia, 2010, US State Department, http://www.state.gov/j/drl/rls/hrrpt/2010/eur/154451.htm. Date of access: 26.1.212.

Poročilo o izvedenih ukrepih pri reševanju romske problematike v Občini Trebnje v letu 2004 (Report on implemented measures to solve the Roma situation in the Municipality Trebnje in 2004), http://www.lex-localis.info/KatalogPristojnosti/TiskDokumenta.aspx?SectionID=f6916dd0-78f2-443a-8762-f8116990d041. Date of access: 26.1.2012.

"I know it is a kind of violence agaist Roma pupils...", article in Mladina weekly, 14.4.2011, http://www.mladina.si/53738/zavedam-se-da-je-to-tudi-nasilje-nad-otroki/. Date of access: 26.1.2012.

"Pedri raus! Homofobično nasilje v šolah" (Gays raus! A homophobic violence in schools), an article by  Simon Maljevac and Jasna Magić,  Sodobna pedagogika 60(4), 2009, http://www.sodobna-pedagogika.net/index.php?option=com_content&task=view&id=1406&Itemid=26. Date of access: 28.1.2012.

Še vedno: vsepovsod nasilje (Violence is still everywhere), Narobe, 10.4.2009, http://www.narobe.si/stevilka-9/raziskava-o-glbt-mladih.html. Date of access: 28.1.2012.

 

"Čefurji so bili rojeni tukaj - Življenje mladih priseljencev druge generacije v Ljubljani" (Čefurji have been born here - A life of young immigrants of second generation in Ljubljana), a study by Bojan Dekleva and Špela Razpotnik, Institute for Criminology within the Law Faculty in Ljubljana, and Faculty of Education in Ljubljana, 2002.

"Dosje: Druga generacija@južnjaki.si", a documentary film by TV Slovenia, 13.6.2006, http://www.rtvslo.si/odprtikop/dosje/druga-generacija-juznjaki-si/. Date of access: 27.1.2012.

Report with summary of findings of the project STAMINA-Formation of non-violent behaviour in school and leisure time among youths from violent families (2009 – 2011) in Slovenia, Austria, Germany and Spain, 2011, http://www.stamina-project.eu/files/engl.pdf. Date of  access: 27.1.2012.

 

 

 

External Url http://www.amnesty.org/en/library/info/EUR05/002/2006/en, http://www.narobe.si/stevilka-9/raziskava-o-glbt-mladih.html

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Two national minorities in Slovenia - Italian and Hungarian - are provided with right to education in  mother languages in the regions where the two minoritiesare  traditionally settled.

Roma minority and national minorities with origins in other republics of former Yugoslavia in some cases can learn their mother languages within the school curricula as an optional subject. Occasionally the minority associations provide mother language courses.

Qualitative Info

Italian and Hungarian minority are considered traditional (autochthonous) minorities in Slovenia and as such provided with protection of their language rights. It includes right to education in mother languages which is in the case of the Italian community realised through establishment of own schools while in the case of Hungarian minority all schools in the regions where the Hungarian minority is traditionally settled are bilingual.

In the case of Roma community there is not yet adopted curricula for Roma language, although it has been one of the goals established by the Strategy for education of Roma in Slovenia, adopted by the government in 2004. There have been efforts made in that direction through govermental support to a research group. Instead the curricula for the subject Roma culture has been developed, but it is taught in one elementary school in Slovenia only. The courses of Roma language are provided outside the school curricula by Roma associations and experts.

Minority protection for national minorities with origins in other republics of former Yugoslavia (Albanians, Bosniaks, Croats, Macedonians, Montenegrins and Serbs) has not been provided through normative framework. In many aspects, including the language rights , they are still regarded as immigrant communities. In the area of protection of their languages many efforts have been  made by minority associations to organise own courses of mother languages and convince respective bodies to provide instituional educational framework for  learning of these languages.  At the moment twofold approach can be identified:  according to first, the classes of Macedonian, Croatian and Serbian languages are provided in schools as extracurriculum activities where costs of classrooms are covered by the schools (the Government of Slovenia) while the states concerned (or their embassies) cover costs of teachers and the teaching material.  As a more recent approach, curricula for several languages (Serbian, Macedonian) were adopted by the relevant education expert bodies, and the classes of these minority languages became a part of the national education system in the form of optional subjects in the last three years of the elementary schools. However in practice the classes are organised for Croatian language only (a curricula for that language has been adopted earlier), but even the number of schools providing Croatian as an optional subject is decreasing.

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Sources:

"Italian community", assessment of the minority protection provided by the Office for National Minorities, http://www.uvn.gov.si/en/minorities/italian_national_community/. Date of access: 12.1.2012.

"Hungarian community", assessment of the minority protection provided by the Office for National Minorities,http://www.uvn.gov.si/en/minorities/hungarian_national_community/. Date of access: 12.1.2012.

"Roma community", assesment of the minority protection provided by the Office for National Minorities, http://www.uvn.gov.si/en/minorities/roma_community/. Date of access: 12.1.2012.

 EACEA, Integrating Immigrant Children Into Schools in Europe, 2009, http://eacea.ec.europa.eu/education/eurydice/documents/thematic_reports/101EN.pdf. Date of access: 12.1.2012.

Kržišnik-Bukić, V.  "Narodnomanjšinsko vprašanje v Sloveniji po razpadu Jugoslavije" (The Issue of National Minorities in Slovenia After the Disolution of Yugoslavia), Razprave in gradivo, No. 56-57/2008, Ljubljana: Institute for Ethnic Studies, http://www.inv.si/DocDir/Publikacije-PDF/Razprave%20in%20gradivo/RIG%2056_57/VKB%2056_57.pdf. Date of access: 11.1.2012.

Albina Necak Luk and Sonja Novak Lukanovic: "Inclusion of Roma Children into Education in Slovenia: The Language Competence and Culture Dimensions", The Open Education Journal, 4/2011, http://benthamscience.com/open/toeduj/articles/V004/SI0130TOEDUJ/164TOEDUJ.pdf. Date of access: 10.1.2012.

Strategy for education of Roma in Slovenia, Ministry of Education, 2004, http://www.mss.gov.si/si/solstvo/razvoj_solstva/projekti/enake_moznosti/#c842. Date of access: 10.1.2012.

Addition to Strategy for education of Roma in Slovenia, Ministry of Education, 2011,  http://www.mss.gov.si/fileadmin/mss.gov.si/pageuploads/podrocje/razvoj_solstva/projekti/Strategija_Romi_dopolnitev_2011.pdf. Date of access: 10.1.2012.

 

 

External Url http://eacea.ec.europa.eu/education/eurydice/documents/thematic_reports/101EN.pdf

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No. There are only indicators that some schools are more or mostly attended by children with migrant background.

Qualitative Info

There are evidences that some schools, for instance an elementry school in Ljubljana "Osnovna šola Livada",,enrolls mostly children with migrant background (belonging to nations from other republics of former Yugoslavia). According to reports, 97 percentage of pupils in that school have such background while other children living in the school area are rather enrolled in other schools in the city (based on the decision of their parents). The parents of children with majority background from that area claim that they don't want for their children to accommodate to lower level of educational performance and expectations; they also complain that prevailing language in informal communication between pupils in that school is not Slovenian, therefore they see it as a threat for good command of Slovenian language for their children. There are requests by human rights organisation to authorities reponsible for education to address that issue and take measures to prevent de facto segregation of children with migrant background in that school.

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Sources:

ECRI Report for Slovenia, 2006, http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/slovenia/SVN-CbC-III-2007-5-SVN.pdf. Date of access: 12.1.2012.

Report on the meeting held within the project on inclusion of young migrants in the educational system in Slovenia, on 29. 9. 2009 in Ljubljana by the Slovenian Philanthropy, http://www.filantropija.org/news.asp?FolderId=147&ContentId=448. Date of access: 12.1.2012.

 

 

http://www.centerslo.net/l2.asp?L1_ID=8&L2_ID=94&LANG=slo

External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/slovenia/SVN-CbC-III-2007-5-SVN.pdf

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Although officially abonded, in practice there are still cases of segregation of Roma children in kindergartens and elementary schools.

 

Qualitative Info

In the past, it was common practice in Slovenia to form homogeneous (separate) classes for Roma children  in kindergartens and  in all classes in elementary schools, especially at the beginning of schooling. According to another model it was practice to separate Roma children in case of classes of Slovenian language, mathematics and natural plus social science while in other classes they were together with other students. Formally these practices have been abandoned since the school year 2003/2004 because the legislation was adopted where forms of differentiation are explicitly destribed without giving legal possibility for separate classes for Roma children.

Still, in practice, the form of differentiation allowed by legislation are applied in a way to separate Roma pupils in some classes from other children. The law allows to organise work with pupils from 1 to 9 grade in different groups according to their capabilities (inner differentiation), to organise level instructions for pupils from 4 to 7 grade in case of Slovenian language, mathematics and foreign language (flexible differentiation) and to differentiate pupils in case of the same subjects  in grades 8 and 9 in various ways (level instructions, separate groups for instructions etc.). Since Roma pupils, having bad command of Slovenian language and facing other disadvantages, demonstrate lack  of adequate capabilities in many subject they are consequently differentiated in separate groups.

The critical reports often refer to "Bršljin model", a model introduced after the conflict in an elementary school in Bršljin in 2005, where parents of majority pupils threatened with boycott requesting for Roma pupils to be sent to other schools. In fact the model  established  by the government to overcome the conlflict  (and criticized by experts and human rights groups) allows to the school to separate Roma from majority pupils based of different level of capabilities and knowledge.

In Slovenia, there are also two kindergartens located in two Roma settlements (villages) - in Pušča and Brezje/Žabjak - which are attended only by Roma children.

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Sources:

Strategy for education of Roma in Slovenia, Ministry of Education, 2004, http://www.mss.gov.si/si/solstvo/razvoj_solstva/projekti/enake_moznosti/#c842. Date of access: 10.1.2012.

Addition to Strategy for education of Roma in Slovenia, Ministry of Education, 2011, http://www.mss.gov.si/fileadmin/mss.gov.si/pageuploads/podrocje/razvoj_solstva/projekti/Strategija_Romi_dopolnitev_2011.pdf. Date of access: 10.1.2012.

Amnesty International Report on Education of Roma Children in Bosnia and Herzegovina, Croatia and Slovenia, 2006, http://www.humanrightspoint.si/files/att/roma/Roma%20report%20BiH%20CRO%20SLO%20FINAL.pdf. Date of access: 10.1.2012.

Amnesty International Slovenia Report, 2010, Amnesty International Slovenia Report, 2010, http://www.amnesty.org/en/region/slovenia/report-2010

Albina Necak Luk and Sonja Novak Lukanovic: "Inclusion of Roma Children into Education in Slovenia: The Language Competence and Culture Dimensions", The Open Education Journal, 4/2011, http://benthamscience.com/open/toeduj/articles/V004/SI0130TOEDUJ/164TOEDUJ.pdf. Date of access: 10.1.2012.

 

External Url http://benthamscience.com/open/toeduj/articles/V004/SI0130TOEDUJ/164TOEDUJ.pdf

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The data on morbidity collected by the Statistical Office of the Republic of Slovenia are not segregated by ethnicity or nationality.

Qualitative Info

The data on morbidity collected by the Statistical Office of the Republic of Slovenia are not segregated by ethnicity or nationality. Also, no qualitative research has been carried out in Slovenia on this issue.

External Url http://www.stat.si/

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The data on mortality collected by the Statistical Office of the Republic of Slovenia are not segregated by ethnicity or nationality. 

Qualitative Info

The data on mortality collected by the Statistical Office of the Republic of Slovenia are not segregated by ethnicity or nationality. 

 

In the Roma community, the mortality rate of babies is reported to be higher than in the general population. No quantitative data are available. 

 

Source:

Maja Zalokar, Vpliv romskih svetnikov na razreševanje romske problematike v slovenskih občinah (The influence of Roma councillors on the resolving of the situation of Roma in Slovenian municipalities), diploma thesis, University of Ljubljana, Faculty of Social Sciences, 2006, available at http://dk.fdv.uni-lj.si/dela/Zalokar-Maja.PDF.
 

External Url http://dk.fdv.uni-lj.si/dela/Zalokar-Maja.PDF

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In Slovenia, there is no evidence available on such practices. 

Qualitative Info

In Slovenia, there is no evidence available on such practices. 

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Some information on specific health problems is available only in relation to Roma community. 

Qualitative Info

Some information on specific health problems is available only in relation to Roma community.

 

Access to health services is an issue addressed in a 1995 Government Program for the Assistance to Roma People. However, this program only includes activities to be carried out but no background information for these activities.

 

There is no academic research available on specific health issues of particular groups. Amnesty International reports states, which examines the conditions in which some Roma families live, states that contaminated water that some Roma families are forced to use in the absence of water infrastructure in their settlements, causes serious illnesses, such as diarrhoea.

 

There are also some blogs available which address the health situation of Roma in a descriptive manner. In one of such articles, for example, Rajko Sajnovic states that Roma children start smoking and drinking coffee, and have access to alcohol very early in childhood, which causes weak immune system. Poor nutrition of Roma children living in poor Roma settlements is another cause of illnesses. He states that the majority of Roma people have cardiovascular problems and chronic illnesses on lungs and stomach. Many have increased values of cholesterol and sugar and many have problems with hypertension.

 

Source:

Parallel lives. Roma denied rights to housing and Water in Slovenia, report, Amnesty International, 2011, available at http://www.amnesty.org/en/library/info/EUR68/005/2011.
Government of the Republic of Slovenia, Program ukrepov za pomoč Romov v Republiki Sloveniji, 1995, available at: http://www.uvn.gov.si/fileadmin/uvn.gov.si/pageuploads/pdf_datoteke/Romi_1995.pdf.
Rajko Sajnovic: Zdravje romskih otrok (Health of Roma Children),  http://www.redbook.si/user/rsajnovi/blog/43807=zdravje-romskih-otrok/.     
 

External Url http://www.amnesty.org/en/library/info/EUR68/005/2011

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Human Rights Ombudsman reports on differential treatment of Roma in access to social benefits, using conditions of vaccination.

Qualitative Info

In its 2012 Annual report, covering developments in the year 2011, the Human Rights Ombudsman states that the institution was informed about the issue of low vaccination coverage of the Roma children in Novo mesto administrative unit. It found that the Ministry of Labour, Family and Social Affairs notified all Social work centres in the country that they may include the obligation of mandatory vaccination of children in the contracts on active solving of individual’s social issues which they sign with recipients of social assistance. These contracts, governed by the Social Security Act, include obligations which must be respected by recipients of social assistance. If the latter fail to meet the contract obligations, they may lose the assistance. Upon observing the facts of the case, the Ombudsman established that, if not explicitly stipulated in the Social Security Act, the provision of social assistance to an individual might not be conditioned by fulfilment of obligations the individual had under other sectoral acts, which was, in this case, the legislation governing preventive measures against infectious diseases. The Ombudsman further established that such a solution, as proposed by the ministry, might result in unequal treatment of persons based on their social status. Wealthier individuals would only be fined if they failed to respect the provisions of compulsory vaccination, while the socially disadvantaged might be punished twice, with a fine and deprivation of financial assistance. According to the Ombudsman, it was not irrelevant that the observed issue was related to the Roma population, which could also gave rise to concerns about possible discrimination on the basis of ethnic origin.

 

There were two surveys identified providing insight into the Roma health situation. Both were carried out, in the past, by the Institute of Public Health Murska Sobota.

 

The results of the first survey (Risk factors for non-communicable diseases in adult population of the Roma community) have not been available for years. Some of the findings were recently published in a publication on the health situation of Roma which aimed at general public and presented available information in rather popular manner. The survey included 259 randomly selected members of Roma communities in Pomurje region between 25 and 65 years of age. It was carried out in 2006 and 2007 using the same methodology as the similar survey carried out at national level. The survey findings showed that more than the half of respondents assessed their care for their health as good or very good. However, almost a third of Roma respondents claimed that their health status was poor or very poor.  
 
 

According to the survey, Roma often suffer from stress which is particularly faced by women, elderly and those members of the Roma community with the lowest educational achievement. As the cause of stress, the respondents cited poor financial situation, problems in the family and loneliness. The survey further showed that smokers form a substantial group in Roma communities (two-thirds of men and half of women). Many of them smoke in living quarters exposing all household members, including children and elderly, to second-hand smoking. In Roma communities, smoking tends to be the most common risk factor for their health status. Daily physical activities are insufficient, particularly among women, while their nutrition habits also tend to be problematic. According to the survey findings, risk factors can be found more frequently among poorer and less educated Roma. The respondents most often reported diseases and malfunctions of the spine and joints as well as lung diseases such as chronic bronchitis and asthma. Cardiovascular diseases and diabetes are the next most common type of health problems faced by the Roma.

 

The second survey, carried out in 2008 and 2009, was designed to assess the use of healthcare services by Roma women in Pomurje region as well as other parts of the country. It captured 326 Roma women between 15 and 64 years of age. They were mothers of 119 children up to five years old. The research was based on field survey, observation with participation, field diaries, and additional three focus groups discussions were held, two with the Roma women and one with nurses in regular contact with the Roma women. The research findings showed that:

- about 95% of women in all areas were included in basic health insurance scheme, but it also showed that 74.2% of respondents in Pomurje and 69% in other areas had complementary health insurance,

- 97.4% of the respondents in Pomurje have a selected physician, while their share in other parts of the country is 91.4%, while the share of women with a selected gynaecologist is considerably lower, 77.6% in Pomurje and 75.9% elsewhere, and only 33% aged up to 18 years,

- 38.2% of respondents in Pomurje assessed their health state as good or very good, compared to 27.5 % in other areas, while the share of women assessing their health state as bad or very bad was 25.5 % in Pomurje and 27.5 % in other areas,

- some 40% of all respondents reported chest pains during physical activities, 70% reported back, neck and joint pains, 45% of all Roma women reported persistent coughing fits, while 50% reported sleeplessness,

- in Pomurje, 37.7% of women reported depression, compared to 55.2% elsewhere, while 73.2% of women in Pomurje and 60.3% of respondents in other parts of the country reported taking some medications in the last week (no further explanations available; probably a week before the survey or in the week of the survey; our comment),

- some 91% of the Roma respondents in Pomurje claimed that they received the medical assistance on an equal footing with non-Roma women, compared to 74.2% in other parts of the country,

- 96.4% of Pomurje respondents stated that Roma and non-Roma children had equal access to doctors, compared to 76.5% in other areas,

- 97.6% of Pomurje respondents agreed that healthcare workers respectfully treated Roma mothers and children, compared to 77.1% elsewhere.

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Sources:

• Slovenia, Human Rights Ombudsman (Varuh človekovih pravic) (2012), Letno poročilo Varuha človekovih pravic Republike Slovenije za leto 2011, Ljubljana, Varuh človekovih pravic, p. 307, available at: www.varuh-rs.si/fileadmin/user_upload/pdf/lp/Letno_porocilo_Varuha_za_leto_2011.pdf.
• Belović, B. (2011), ´Health-related lifestyle of Roma` in Belović, B., Krajnc Nikolić, T. (eds.), Determinants affecting the health of Roma in Pomurje, Murska Sobota, Zavod za zdravstveno varstvo Murska Sobota, pp. 74-76 (bilingual edition), available at: www.zzv-ms.si/si/neenakosti/zdravjeRomov.pdf.pdf.
• Zavod za zdravstveno varstvo Murska Sobota (year of publication not known, the project carried out in 2008 and 2009) Ocena rabe zdravstvenih storitev v populaciji romskih žensk in otrok v Sloveniji – Prispevek k zmanjševanju neenakosti v zdravju, Murska Sobota, Zavod za zdravstveno varstvo Murska Sobota, available at: www.dlib.si/stream/URN:NBN:SI:DOC-WG7BOOBP/2d247d08-9e35-4976-ab38-bf5a813d55a0/PDF.

 

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Yes, migrants have a higher risk of poverty than the rest of the population.

Data 25% of foreign-born population aged 25-54 is in risk of poverty in relation to 14% of native-born population of the same age.

Qualitative Info

According to Eurostat, households of third country nationals in Slovenia have a lower annual income comparing to nationals. According to the 2011 report, the data shows lower median annual equivalised disposable incomes for third country nationals. The median annual disposable income for nationals' households was 14.687 EUR, for other EU member states nationals' households 13.987 EUR and for third-country nationals' households 12.923 EUR.

 

According to press release issued at the Intrnational Migrants Day by the Statistical Office of the Republic of Slovenia, 25% of foreign-born population in Slovenia aged 25-54 and 14% of native-born population in Slovenia of the same age was at risk of poverty or social exclusion which shows a higher risk of poverty for foreign born population.

 

Source:

Migrants in Europe. A statistical portrait of the first and second generation. Eurostat Statistical books, 2011, available at http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-31-10-539/EN/KS-31-10-539-EN.PDF.   

International Migrants Day 2011, news posted by the Statistical Office of the Republic of Slovenia, available at http://www.stat.si/eng/novica_prikazi.aspx?id=4415.
 

External Url http://www.stat.si/eng/novica_prikazi.aspx?id=4415

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There are no comprehensive data collected with regard to access of minority women to health care services. There are only some partial studies which reveal some concrete issues in this field.

Qualitative Info

There are no comprehensive data collected with regard to access of minority women to health care services. There are only some partial studies which reveal some concrete issues in this field. Health promotion strategy and action plan for tackling health inequalities in the Pomurje region (2010) mentions the need for pregnant Roma women to get involved sooner in preventive checks which should be achieved by raising their awareness on the importance of such checks as well as by raising their awareness on their right to have such checks. The strategy however, does not contain information whether such lack of preventive checks is solely the result of their lack of awareness or also lack of access.

 

Similarly, a report on the situation of Roma in Ljubljana mentions the need to ensure that Roma girls that are arriving to Ljubljana due to marriage are in need of, among other support services, access to health services due to early pregnancies and labours. The report does not indicate whether access is denied to unregulated legal status, lack of health insurance or lack of awareness. Also, the report shows that Roma women who are in need of psychiatric health services go to pro bono health centre for persons without health insurance in Ljubljana, where a psychiatrist is available free of charge once a week, indicating that these women cannot get these services through the regular health insurance system.

 

Source:

Health promotion strategy and action plan for tackling health inequalities in the Pomurje region, 2010, http://ec.europa.eu/health/ph_determinants/socio_economics/documents/slovenia_rd01_en.pdf.

Majda Hrženjak, Jelka Zorn, Špela Urh, Ana M. Sobočan, Petra Videmšek, Darja Zaviršek: Romi v Ljubljani – različnost perspektiv,  final report of a research project, 2008, available at http://www.mirovni-institut.si/data/tinymce/Publikacije/Romi%20v%20Ljubljani/KON%C4%8CNO%20PORO%C4%8CILO1%20OBLIKOVANO.pdf.

External Url http://www.mirovni-institut.si/data/tinymce/Publikacije/Romi%20v%20Ljubljani/KON%C4%8CNO%20PORO%C4%8CILO1%20OBLIKOVANO.pdf

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A practice that could be marked as good practice is the pro bono health service for people without health insurance. However, this pro bono centre does not accommodate different cultures or traditions in the field of health care but the lack of health insurance which migrants as well as Roma minority often face. 

Qualitative Info

A practice that could be marked as good practice is the pro bono health service for people without health insurance. However, this pro bono centre does not accommodate different cultures or traditions in the field of health care but the lack of health insurance which migrants as well as Roma minority often face. Pro bono centre was founded by health centre Ljubljana the City of Ljubljana, Slovenian caritas and Slovene Philanthropy. It is funded by the Municipality of Ljubljana (a similar centre is also functioning in Maribor, the second biggest city in Slovenia). It is intended for all people residing in Ljubljana who do not have health insurance. It is led by a retired doctor (a general practitioner dr. Doplihar) who is assisted by volunteer doctors specialists in different medical fields (neurology, orthopaedics, psychiatry, gynaecology, gastroenterology etc.). In addition to health services, also social services and counselling for children and pregnant women are available, as well as preventive services and personal hygienic services.

 

Source:

Web site of the Pro Bono centre for people without health insurance,  http://www.ordinacija.net/members/www-pzs.php?mg_pzs_id=74&lang=slo.   

External Url http://www.ordinacija.net/members/www-pzs.php?mg_pzs_id=74&lang=slo

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No data on number of migrants (non-national residents of Slovenia) with voting rights who actually exercise their rights.

Qualitative Info

In the 2006 local elections there were 20.225 non-national residents of Slovenia (migrants) with voting rights, registered in voting (electoral) registers. There is no data available how many of them have exercised their right. Although EU nationals with permanent residence permit in Slovenia can stand as candidates in the local elections, no such resident have been elected in municipality councils.

The process of recruitment of candidates in the local elections is made mostly through political parties, although there are cases of independent lists of candidates. It seems that migrants, including EU nationals, are not integrated in the political  community  (parties,  independents lists)  to be  able to exercise the right to stand as candidates in the local elections. The obstacles for the integration in that field may arise from the lack of knowledge about the Slovenian political system, history and language.

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Source:

Položaj tujcev v Sloveniji po lokalnih volitvah 2006 (Situation of foreign citizens in Slovenia after 2006 local elections), a report by Roman Lavtar for IFIMES,http://www.ifimes.org/default.cfm?Jezik=si&Kat=10&ID=300. Date of access: 20.1.2012.

External Url http://www.ifimes.org/default.cfm?Jezik=si&Kat=10&ID=300

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Self-identification is not a sufficient criterion for recognition of status of national/ethnic minority in Slovenia (for minority communities without such status).

On the other hand, in the case of the Italian and the Hungarian national minority a self-identification of members of these minority communities is a condition for exercizing double voting rights.

 

Qualitative Info

In Slovenia, it is considered that formal status of national/ethnic minority is recognised to those minorities to whom the Consititution of the Republic of Slovenia grant such status explicitly defining the scope of minority protection (as in the case of Italian and Hungarian national minorities) or obliging the state to define the scope of minority protection in the legislation (as in the case of Roma).

The legislation, the policy measures and the mandate given to the Governmental Office for National Minorities follow that order established by the Constitution. Therefore, despite the fact that huge number of members of other nations of former Yugoslavia  (Albanians from Kosovo, Bosniaks, Croats, Macedonians, Montenegrins and Serbs) hold Slovenian citizenship and in the circumstances after the break of Yugoslavia de facto form national minorities in Slovenia, such status is not yet legally recognised to them (neither in the Consitituition nor in the sector-specific regulation).   These national minorities have been self-identified and self-organised in dozens of minority associations and in joint umbrella organisation, making joint efforts to gain formal status of minorities. In 2003 for the first time they submitted a formal request to the Parliament of Slovenia for recognition of status of national minorities, but it has been denied to them. They have been considered "immigrants" and certain financial support was provided to their associations for cultural activities by the Ministry of Culture. However, in 2011, the Parliament adopted a resolution providing obligations of the state to form a joint body with these national minorities and find ways to intensify support for protection of their cultural identity. It has been considered a step of soft recognition without amending the Consitution (it seems that change of the Constitution in the sense of formal and full recongition of minority status to these minorities have no support of most of political parties in Slovenia). Despite that recent progress made in relations between the state and the organisations of national minorities from former Yugoslavia, it remains uncertain if their status and rights will be regulated in more details in near future, stipulating concrete measures to address their needs and demands for minority protection.

In their monitoring reports, various international organisations have been constantly criticizing the Government of Slovenia for being slow in addressing the situation of minorities from former Yugoslavia, and accordingly include them on equal basis in the system of minority protection instead of sustaining a hierarchical model of minority protection (with Hungarian and Italian minorites with full scope of minority protection, a Roma minority with certain level of protection, and minorities from former Yugoslavia with rudimental protection.)

On the other hand, a request for self-identification of individuals in Slovenia for members of a national minority as a condition for exercizing certain minority right is applied in the case of respect of double voting rights for the members of the Italian and the Hungarian community in Slovenia.

It means that members of these two national minorities to which the Constitution and the legislation provide respect for number of minority rights have to demonstrate self-identification with the minority if want to be registered in the special electoral  register. The registration enable them to exercize double voting rights on local (in the municipalities which are considered those  inhabited by the minority community) and on national level (to elect a member of the parliament which represent the national minority).

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Sources:

Second opinion on Slovenia, Advisory Committee on the Framework Convention for Protection of National Minorites, Council of Europe, 2005, http://www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/PDF_2nd_OP_Slovenia_en.pdf. Date of access: 20.1.2012.

Third opinion on Slovenia, Advisory Committee on the Framework Convention for Protection of National Minorities, Council of Europe, 2011,  http://www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/PDF_3rd_OP_Slovenia_en.pdf. Date of access: 20.1.2012.

Human Rights Report on Slovenia, 2010, US Department of State, http://www.state.gov/g/drl/rls/hrrpt/2010/eur/154451.htm. Date of access. 20.1.2012.

ECRI Third Report on Slovenia, 2007, http://www.state.gov/g/drl/rls/hrrpt/2010/eur/154451.htm. Date of access: 20.1.2012.

Slovenia and European Standards for the Protection of National Minorities, 2002, Information and Documentation Centre on the Council of Europe,  Institute for Ethnic Studies, Austrian Institute of East and Southeast European Studies, Ljubljana, http://www.investsciencesee.info/pub.pdf. Date of access: 25.1.2012.

External Url http://www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/PDF_2nd_OP_Slovenia_en.pdf

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No.

Qualitative Info

There are around 50 associations of numerous minority communities in Slovenia whose members hold Slovenian citizenship and belong to nations of former Yugoslavia (Albanians from Kosovo, Bosniaks, Croats, Macedonians, Montenegrins and Serbs), and which have been still in some policy documents and research reports considered immigrants. The associations are mainly engaged in cultural field, although they form also national associations and an umbrella organisation of all of them which is active in a dialogue with the government and the parliament of Slovenia, requesting recognition of minority status and better measures of minority protection.

The actual migrant population in Slovenia i.e. foreign nationals with temporary or permanent residence in Slovenia in vast majority also  originate from the same countries/nations, therefore it is possible that some of them are members of the above mentioned minority associations. However, considering difficulties the migrant workers in Slovenia face especially in relation to their labour rights, some migrant workers and activists are organised in associations such as Invisible Workers of the World which gather  also other activists for social justice.

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"Every ninth resident of Slovenia is an immigrant", Statistical Office of the Republic of Slovenia, 1.1.2012 http://www.stat.si/eng/novica_prikazi.aspx?id=4430.Date of access: 19.1.2012.

Raziskava "Položaj in status pripadnikov narodov nekdanje Jugoslavije v Sloveniji" (Research on the situation and the status of the member of nations of former Yugoslavia in Slovenia), ed. Vera Kržišnik Bukić, 2003, http://www.uvn.gov.si/fileadmin/uvn.gov.si/pageuploads/pdf_datoteke/Raziskava_Polozaj_in_status_pripadnikov_narodov_nekdanje_Jugoslavije_v_RS.pdf. Date of access: 19.1.2012.

Nevidni delavci sveta (Invisible workers of the world, IWW), Slovenia,  http://www.njetwork.org/IWW-Nevidni-delavci-sveta. Date of access: 19.1.2012.

External Url http://www.stat.si/eng/novica_prikazi.aspx?id=4430

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No.

Qualitative Info

There are no restrictions of freedom of association or peaceful assemby of minorities in Slovenia. According to a study which included data provided by the register of associations hold by the Ministry of Interior, there are around 80 associations  on local level established by minority communities in Slovenia (Italian, Hungarian, Roma, Gersman speaking, Albanian, Bosniak, Croatian, Macedonian, Montenegrin and Serbian minority). They mostly work in the field of culture. On national level they are in case of Italian and Hungarian minorities organised in "self-governing national communities" and in the case of other minorities in national associations (national associations of local cultural associations).

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Sources:

Raziskava "Položaj in status pripadnikov narodov nekdanje Jugoslavije v Sloveniji" (Research on the situation and the status of the member of nations of former Yugoslavia in Slovenia), ed. Vera Kržišnik Bukić, 2003, http://www.uvn.gov.si/fileadmin/uvn.gov.si/pageuploads/pdf_datoteke/Raziskava_Polozaj_in_status_pripadnikov_narodov_nekdanje_Jugoslavije_v_RS.pdf. Date of access: 19.1.2012.

External Url http://www.uvn.gov.si/fileadmin/uvn.gov.si/pageuploads/pdf_datoteke/Raziskava_Polozaj_in_status_pripadnikov_narodov_nekdanje_Jugoslavije_v_RS.pdf

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Members of the Muslim community in Slovenia face practical obstacles in exercising their religion since there is not yet a mosque built in Slovenia.

Qualitative Info

The Muslim community in Slovenia has been affected by the lack of adequate space for exercising its religion ifor decades, making at the same time efforts in administrative and political procedures to get permits for location of a mosque. Meanwhile, members of the Muslim community pray in some improvised prayer rooms, and in case of the biggest holidays they hire a sports halls for joint praying.

Since 2008, when the City of Ljubljana adopted key spatial planning documents allowing for the construction of the first mosque in Slovenia, there are prospects for the Muslim community to gain adequate space in near future for exercising its religion despite some difficulties and controversies.

In 2011, the international architectural competition for the conceptual design of the mosque in Ljubljana was organised by the  Islamic Community in Slovenia and the City of Ljubljana, and the solution was selected by members of the international committee, including the leader of the Islamic Community in Slovenia. According to the information provided by the Islamic Community to the media, it is expected to build the mosque in Ljubljana (with the financial support of Quatar) until 2015.

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Sources:

Mosque in Ljubljana, http://en.wikipedia.org/wiki/Ljubljana_Mosque. Date of access. 18.1.2012.

Islam in Slovenia, http://en.wikipedia.org/wiki/Islam_in_Slovenia. Date of access: 18.1.2012.

"Kdaj temeljni kamen za islamski center?" (When a founding stone for the mosque?), Delo, 6.11.2011, http://www.delo.si/novice/slovenija/kdaj-temeljni-kamen-za-islamski-center.html. Date of access: 19.1.2012.

ECRI Report for Slovenia, 2007, http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/SVN-CbC-III-2007-5-ENG.pdf. Date of access: 19.1.2012.

External Url http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/SVN-CbC-III-2007-5-ENG.pdf

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Yes, but range of positive measures vary substantially from minorities that are considered for traditional to those considered for "new" or "immigrant" communities.

Qualitative Info

Italian and Hungarian minority in Slovenia are granted right to develop activities "in the field of public media and publishing" as a constitutional right. Since considered traditional/autochtonous minorities in Slovenia a range of rights is provided in the Consititution to protect their national identity. The rights are operationalised through sector regulation, including the regulation on national public service broadcasting organisation (RTV Slovenia), which provide programming for both Italian and Hungarian minorities in their languages,  separate units within national public service broadcasting have been established to provide the programming, and also representatives of both minorities participate in the governing body of the national public service broadcasting organisation. The framework for such minority protection of Italian and Hungarian community in Slovenia was established in previous socialist regime (and within former Yugoslavia), and has been continued after the change of the regime and establishment of independent Slovenia.

Since 2005, Roma community is also integrated in the national public service broadcasting organisation RTV Slovenia, based on the 2005 legislation. A weekly radio program and a fortnightly television program for Roma community are prepared  mostly by Roma journalists and aired in both Roma and Slovenian language.

Other minorities, such as minorities from other former republics of Yugoslavia - Albanians, Bosniaks, Croats, Macedonians, Montenegrians and Serbs - have not been provided with special rights within the national public service broadcasting. Although numerous and organised not only in number of associations, but also in an umbrella organisation (coordination) which demands better presence in the national public service broadcasting, they are still kept outside the PSB system in Slovenia. In 2010 the new law  on public service broadcasting was adopted providing certain level of integration for them, but the right-center oppostion in the parliament requested a national referendum which resulted with rejection of the law. Still, the actual management of the national public service broadasting organisation it its 2012 annual plan indicates that program content for these minorities will be introduced based on general provisions in the regulation of the PSB in Slovenia.

Italian and Hungarian minorities also publish print media, while Roma publish some periodical journals. Roma community also run own local radio. All of the mentioned media, including RTV Slovenia, receive financial support from the Governmental Office for National Minorities for media activities for Italian, Hungarian and Roma minority. Publishing of journals by minority communities from former Yugoslavia and others is supported by the Ministry of Culture.

Beside that, two student radio stations in Ljubljana and Maribor provide space for Roma community, communities from former Yugoslavia (mostly Bosniaks) and actual migrant workers' association to regularly prepare and air programming on the issues relevant for them.

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Sources:

"Minorities and the Media in Slovenia" by Brankica Petkovic, a chapter in the book Media and Minorities in South East Europe, edited by Thomas A. Bauer, Vienna: South East Europe Media Organisation, 2006,   http://rci.mirovni-institut.si/Docs/Brankica_Petkovic.pdf and http://www.seemo.org/publications/medmin.html. Date of access: 15.1.2012.

 

 

 

External Url http://rci.mirovni-institut.si/Docs/Brankica_Petkovic.pdf

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There are positive measures for promoting minority languages in the media, but the range of the measures is not equal in the case of all minority languages.

Qualitative Info

Positive measures for promoting minority languages in the media include regular programming in Hungarian and Italian language at national public service broadcasting, and also print media in these two minority languages.

Roma language in the media is also promoted through the national broadcasting organisation, but with purpose to reach national audiences and bridge differences between Roma dialects the radio program for Roma is bilingual where Slovenian language often dominates. Roma language is also promoted through programming of local Roma radio station "Romic" and journals and newsletters published by Roma associations.

In all above mentioned cases the state is providing financial support for promotion of minority languages and protection of national identity of the above mentioned minority communities in Slovenia (Italian, Hungarian and Roma).

Minority languages such as Bosnian, Croatian, Serbian and other languages of minorities from former Yugoslavia are not promoted in that way in the media, only through rare radio programming of student radio stations in Ljubljana and Maribor, or through web media, print journals and newsletters (which receive some small funding from the state).

The reports of the Expert Committee of the Council of Europe within evaluation of the implementation of the European Charter for Regional or Minority Languages have been critical to the Slovenian government in relation to promotion and protection of Serbian, Croatian and Bosnian language in Slovenia, referring to the need for better presence and promotion of the minority languages in the media.

The media regulation stipulates restriction for publishers and brodcasters registered in Slovenia to publish or broacast  media content in  other languages than official Slovenian language without translation (except for Italian and Hungarian languages on the specific territory). Exception is made in the regulation in the case if the programming is primarily intended for readers, listeners or viewers from other language group.

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Sources:

 Third evaluation report of the Expert Committee on Slovenia within monitoring of implementation of the European Charter, 2009, http://www.coe.int/t/dg4/education/minlang/Report/EvaluationReports/SloveniaECRML3_en.pdf. Date of access: 14.1.2012.

Mass Media Act, 2006, http://www.apek.si/sl/datoteke/File/2007/osebna%20izkaznica/public_media_act_official_consolidated_version_zmed+zmed-a_unofficial_translation_english.pdf. Date of access: 14.1.2012.

"Minorities and the Media in Slovenia" by Brankica Petkovic, a chapter in the book Media and Minorities in South East Europe, edited by Thomas A. Bauer, Vienna: South East Europe Media Organisation, 2006,   hhttp://ttp://rci.mirovni-institut.si/Docs/Brankica_Petkovic.pdf and http://www.seemo.org/publications/medmin.html. Date of access: 15.1.2012.

External Url http://www.coe.int/t/dg4/education/minlang/Report/EvaluationReports/SloveniaECRML3_en.pdf

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There are certain restrictions in Slovenia for foreign nationals for participating at certain level of competition on national level in certain sports or to gain certain status in sports. 

Qualitative Info

Restrictions for foreign nationals in Slovenia for  participating at certain level of sports competitions on national level or gaining certain status have been established by the sports legislation or by rules of national sport associations.

For  example, in case of football the EU nationals have unlimited access to all levels of competition of all age categories, provided that an individual player is registered with the Football Association of Slovenia. On the other hand, a club may register an indefinite number of third country nationals, but only three may appear at the matches of the First National Football League for seniors. In addition, in all lower senior leagues, a club may accredit only one player for a specific match.

In alpine skiing, a foreign skier, be it the EU national or the third country national, may be registered with a Slovenian club only upon the approval by the Ski Association of Slovenia and the Internationa Ski Federation.

With regard to athletics, only foreign nationals with the permanent residency permit, and those who have registered with the Athletics Association of Slovenia, may participate at all types of national championships in all age categories. Other groups of foreigners may only appear at senior level competitions, whereby they are excluded from 100 and 200 m races. With respect to indoor competitions, they are only entitled to compete in qualifying rounds.

According to current legislation the status of the top level sportswoman/sportsman can only be  granted to Slovenian citizens; the status provides various benefits covered by the state budget.

Also, according to the Rules on Scholarships for Working in the Field of Sport, only Slovenian citizens may apply for scholarships.

As for the private work in sports, it may be performed by a foreign individual, provided that he/she obtained appropriate level of education, has a licence for performing work in sports, has not been by a court order banned to perform work in the relevant domain, has approved command of Slovenian, and has been in possession of the permanent residence permit.

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Sources:

Racism, ethnic discrimination and exclusion of migrants and minorities in sport: A comparative overview of the situation in the European Union, 2010, http://fra.europa.eu/fraWebsite/attachments/Report-racism-sport_EN.pdf. Date of access: 19.1.2012.

Preventing racism, xenophobia and related intolerance in sport across the European Union, Country Report Slovenia, 2009, Peace Institute.

External Url http://fra.europa.eu/fraWebsite/attachments/Report-racism-sport_EN.pdf

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Members of minority communities in Slovenia (holding Slovenian citizenship) are formally entitled to participate in sports and sport competitions on all levels. In practice, the scope of participation is higher in certain sports and almost nonexistent in others.

Qualitative Info

There is a number of indicators of high participation of members of minority communities such as minorities from former Yugoslavia and also Roma, in football clubs and competitions on all levels, including the national team.

On the other hand the participation of members of minority communities in alpine skiing - which is considered a national sport  - is almost non-existant.

The studies mostly explore that phenomenon considering the role of specific sports in nation buidling. According to the studies, the perceived features of the Slovenian national character, such as, for example, diligence, discipline, honesty and courage, were attached to skiing, while football remained a practice belonging to the Balkans and characteristic of immigrants, originating from the republics of the former Yugoslavia. However, with the tremendous success of the Slovenian national team, qualifying for the Euro 2000 and World Cup 2002, the football became a celebrated feature of the national character also, but the fact that the team has been composed of a substantial number of players by origin from former Yugoslavia was not used as a tool for inclusion and celebrating diversity and contribution of players with minority background, but instead football was perceived as a tool for the transformation of indisciplinable immigrants into "real" Slovenians.

There are many Roma football clubs on the local level, some of them competing with other clubs in the 3rd Slovenian football league. In the season 2008/2009 it happened that a Roma club qualified for participation in the 3rd league to compete with other non-Roma clubs, but could not participate because the infrastructure, including the size of the playground was not in accordance with the regulation. Later, they managed to improve the infrastructure and qualitfied for the competition in the 3rd league. Recently, the Roma Sports Association has been established by a senior Roma football player.

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Sources:

Article "Šport kot socialna arena nacije v Sloveniji" (Sports as a social arena of a national idea in Slovenia), published in the scientific journal Razprave in gradivo, No. 50-51/2006, http://www.inv.si/DocDir/Publikacije-PDF/arhiv/RIG%2050_51/17starc.pdf and  with English abstract at http://www.dlib.si/preview/URN:NBN:SI:DOC-7SHWKWYR/bedc13ec-52e6-4e80-b1f5-b1b25bb4c172. Date of acces: 19.1.2012.

Racism, ethnic discrimination and exclusion of migrants and minorities in sport: A comparative overview of the situation in the European Union, 2010, http://fra.europa.eu/fraWebsite/attachments/Report-racism-sport_EN.pdf. Date of access: 19.1.2012.

Preventing racism, xenophobia and related intolerance in sport across the European Union, Country Report Slovenia, 2009, Peace Institute.

Article "Platini enthusiastic about Roma in Slovenia", Slovenian Press Agency, 26.7.2011, http://www.siol.net/sportal/nogomet/2011/07/platini_se_je_srecal_s_slovenskimi_romi.aspx. Date of access: 19.1.2012.

External Url http://fra.europa.eu/fraWebsite/attachments/Report-racism-sport_EN.pdf

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