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Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?

Key Area:
Anti-discrimination Legislation & Implementation
Racism, Discrimination
09/11/2011 - 22:44
Short Answer

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.



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.

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief
Key socio-economic / Institutional Areas Employment - labour market, Housing, Health and social protection, Education, Anti-discrimination, Anti-racism, Daily life
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