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Is there an independent assessment of the impact of anti-racist legislation and its application in practice?

Key Area:
Anti-racist Crime Legislation & Implementation
18/01/2012 - 20:11
Short Answer


Qualitative Info

Varuh človekovih pravic [Human Rights Ombudsman] was introduced into the Slovenian constitutional order through the new Constitution of the Republic of Slovenia, which was adopted in December 1991. Through the Ombudsman's tasks and jurisdiction (protection of human rights and fundamental freedoms in relation to state authorities, local self-government authorities and bearers of public authority), he or she represents an additional means of non-judicial protection of the individual’s rights. The Ombudsman prepares regular annual reports on its work and review of issues and problems, among others in the field of constitutional rights and discrimination. One of the sections of the 2010 report covered the issue of prosecution of public enticement to hatred, violence and intolerance. For several years the Ombudsman has been pointing out the danger of unpunished expansion of different forms of hate speech. The Ombudsman states that effective control of public enticement to hatred, violence and intolerance depends on efficiency of the police and the Prosecutors’ Offices while detecting and prosecuting criminal offences under Article 297 of the Criminal Code. The Ombudsman highlights the issue with Vrhovno državno tožilstvo [Office of the State Prosecutor General of the Republic of Slovenia]. Namely, the position of the Office regarding the issue of public incitement to hatred, violence or intolerance is that these criminal offences should predominantly be addressed through prevention: education and awareness-raising.  The Ombudsman agrees on the importance of such activities but states that the operation of institutions such as Office of the State Prosecutor General, which have its functions and powers clearly established in the law, cannot be based on prevention. Since the State Prosecutor’s Offices are the ones that bring criminal cases before courts, such position of the Office of the State Prosecutor General also prevents the development of case-law in this field, which is vital for establishing the line between punishable expressions of hatred and expressions, protected within the freedom of expression.


The Committee on the Elimination of Racial Discrimination (CERD) monitors the implementation of the Convention on the Elimination of All Forms of Racial Discrimination in Slovenia as its  State party.

The European Commission against Racism and Intolerance (ECRI) monitors problems of racism, discrimination on grounds of ethnic origin, citizenship, colour, religion and language, as well as xenophobia, antisemitism and intolerance, prepares reports and issues recommendations to member States, Slovenia being one of them.


Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability, Africans/black people, National minorities
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Inter-ethnic, Intra-ethnic, Nationalism, Anti-roma/ romaphobia, Xenophobia
Key socio-economic / Institutional Areas
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