Indicator history

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.