Indicator history

Article 131 of the Criminal Code (Violation of Right to Equality) criminalizes depriving or restraining another person of any human right or liberty recognised by the international community or laid down by the Constitution or the statute due to differences in respect of nationality, race, skin colour, religion, ethnic roots, gender, language, political or other beliefs, sexual orientation, financial situation, birth, genetic heritage, education, social position or any other circumstance. Under this article it is also punishable to grant another person a special privilege or advantage on the basis of such discrimination. Special privilege or advantage means unjustified more favourable treatment comparing to other persons, but this does not mean that persons implementing positive measures for e.g. ethnic groups commit a crime.

Article 297 of the Criminal Code defines criminal offence of Public Incitement to Hatred, Violence or Intolerance (hate speech). The Article prohibits public provocation of up ethnic, racial, religious or other hatred, strife or intolerance, or provocation of any other inequality on the basis of physical or mental deficiencies or sexual orientation.

The Criminal Code also criminalizes the violation of the principle of equality in relation to workplace mobbing (Article 197 – degrading or frightening another person at the workplace or in relation to work with sexual harassment, physical violence, ill-treatment or unequal treatment).  

The Penal Code also prohibits genocide (Article 100), crimes against humanity, including those on the grounds of race, ethnic and religious affiliation (Article 101), war crimes, including forced pregnancy aimed at affecting ethnical composition of any population (Article 102).

Article 25 of the Liability of Legal Persons for Criminal Offences Act establishes criminal accountability of legal persons in case of violations of the following articles of the Penal Code: Article 131 (Violation of Right to Equality), Article 197 (Workplace Mobbing), Article 198 (Violation of Rights Concerning Employment and Unemployment), Article 297 (Public Incitement to Hatred, Violence or Intolerance). 

Source: http://www.dz-rs.si/wps/portal/Home/deloDZ/zakonodaja/izbranZakonAkt?uid=C12563A400338836C1257435005A1F1C&db=spr_zak&mandat=VI; http://www.dz-rs.si/wps/portal/Home/deloDZ/zakonodaja/izbranZakonAkt?uid=8AA6B9109B40B166C12574F600486C27&db=urad_prec_bes&mandat=VI; http://www.wipo.int/clea/docs_new/pdf/en/si/si045en.pdf

Article 131 of the Criminal Code (Violation of Right to Equality) criminalizes depriving or restraining another person of any human right or liberty recognised by the international community or laid down by the Constitution or the statute due to differences in respect of nationality, race, skin colour, religion, ethnic roots, gender, language, political or other beliefs, sexual orientation, financial situation, birth, genetic heritage, education, social position or any other circumstance. Under this article it is also punishable to grant another person a special privilege or advantage on the basis of such discrimination. Special privilege or advantage means unjustified more favourable treatment comparing to other persons, but this does not mean that persons implementing positive measures for e.g. ethnic groups commit a crime.

Article 297 of the Criminal Code defines criminal offence of Public Incitement to Hatred, Violence or Intolerance (hate speech). The Article prohibits public provocation of up ethnic, racial, religious or other hatred, strife or intolerance, or provocation of any other inequality on the basis of physical or mental deficiencies or sexual orientation or any other personal circumstance and the conduct is carried out in a way that is likely to endanger or disturb public order, or by threatening, abusing or insulting.

The Criminal Code also criminalizes the violation of the principle of equality in relation to workplace mobbing (Article 197 – degrading or frightening another person at the workplace or in relation to work with sexual harassment, physical violence, ill-treatment or unequal treatment).  

The Penal Code also prohibits genocide (Article 100), crimes against humanity, including those on the grounds of race, ethnic and religious affiliation (Article 101), war crimes, including forced pregnancy aimed at affecting ethnical composition of any population (Article 102).

Article 25 of the Liability of Legal Persons for Criminal Offences Act establishes criminal accountability of legal persons in case of violations of the following articles of the Penal Code: Article 131 (Violation of Right to Equality), Article 197 (Workplace Mobbing), Article 198 (Violation of Rights Concerning Employment and Unemployment), Article 297 (Public Incitement to Hatred, Violence or Intolerance). 

Source: 

• http://www.uradni-list.si/1/objava.jsp?urlid=201250&stevilka=2065
• http://www.dz-rs.si/wps/portal/Home/deloDZ/zakonodaja/izbranZakonAkt?uid=8AA6B9109B40B166C12574F600486C27&db=urad_prec_bes&mandat=VI