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Does legislation provide for the possibility of adopting special/positive measures prevent or compensate for disadvantages linked to racial or ethnic origin in order to ensure full equality in practice?

Key Area:
Anti-discrimination Legislation & Implementation
Discrimination, Equality
09/11/2011 - 23:37
Short Answer

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.



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)
Key socio-economic / Institutional Areas Employment - labour market, Housing, Health and social protection, Education, Culture, Media, Internet, Sport, Political discourse -parties - orgs, Integration - social cohesion, Daily life, Religion
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