Executive summary

• Author: Kogovsek Salamon, Neza
• Pages: 5-11

5

EXECUTIVE SUMMARY

1. Introduction

According to the most recent census of 2002, the Slov enian population consists of 83 %

ethnic Slovenians, 1.98 % Serbs, 1.81 % Croats, 1.10 % Bosnians, 0.11 % Italians,

0.32 % Hungarians and 0.17 % Roma. Members of the Italian and Hungarian minorities

enjoy the status of autochthonous (indig enous) minorities. The Roma have the status of

a special ethnic community. People who originate from other republics of the former

Yugoslavia do not have any minority status.

The Constitution guarantees special protection for the Roma commu nity in Slovenia. The

Roma’s special rights are regulated by 12 special acts and various Governm ent

programmes with the a im of improving their situation. The 2007 Rom a Commun ity Act

established a Council of the Roma Community and provides a legal basis for further

positive measures for the Roma.1 Roma people are often victims of discrimination in the

fields of educati on, employment an d housing , as was recently confirmed in a report by

the Special Rapporteur on Minority Issues2 and a report of the European Commission

against Racism and Intolerance of the Council of Europe.3 The Roma Community Act was

unsuccessfully challenged before the Constitutional Court three times, on the basis of the

argument that the Council of the Roma Commu nity does not ensure equal representation

of all Roma in Slovenia, but prioritises Roma from the north-western part of Slovenia,

who are considered indi genous (autochthonous ). In its 2019 report, ECRI recommended

that the Slovenian authorities refrain from using the unhelpful distinction between

autochthonous and non-autochthonous Roma and ensure that the Council of the Roma

Community becomes more representative.

Migrants and asylum seekers are protected on an equal basis with Slovenian citize ns but

there ar e no specific policies or pr ovisions in anti-discrimination laws that are aimed at

them.

In 20 16, a Civil Union Act was adopted that provides rights for same- sex partners that

are equal to those f or opposite-sex partners, except in relation to marriage, joint

adoption and access to donor insemination.4 At least two strategic litigation case s are

pending before the Constitutional Court on the access of couples in same-sex unions to

marriage5 and joint adoption.6

Discrimination against people with disabilities remains a problem with regard to

accessibility of buildin gs, unemploym ent and a lack of measures to enable independent

living. The Act on Equal Opportunities for People with Disabilities7 and its rules for

implementation8 provide for positive measures for people with disabilities. The 2017

1 See Constitutional Court decisions Nos. U-I-166/07, U-I-15/10 and U-I-134/07.

2 United Nations (2019), Report of the Special Rapporteur on Minority Issues, available at: http://daccess-

ods.un.org/access.nsf/Get?Open&DS=A/HRC/40/64/Add.1&Lang=E.

3 Council of Europe, European Commission against Racism and Intolerance, Fifth Report on Slovenia, 5 June

2019, available at: https://www.coe.int/en/web/european-commission-against-racism-and-

intolerance/slovenia.

4 Civil Unions Act (Zakon o partnerski zvezi), adopted on 21 April 2016, available at:

www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7434.

5 A constitutional complaint has been lodged against Administrative Court judgment No. I U 1847/2016-12 of

11 December 2017. The reference number for the Constitutional Court case is not yet available.

6 A constitutional complaint has been lodged against Administrative Court judgment No. I U 1497/2016 of 17

January 2019. The reference number for the Constitutional Court case is not yet available.

7 Act amending the Act on Equal Opportunities for People with Disabilities (Zakon o spremembah in

dopolnitvah Zakona o izenačevanju možnosti invalidov), 30 June 2014, available at: http://www.uradni-

list.si/1/objava.jsp?sop=2014-01-2080.

8 Rules on Technical Aids and Adaptation of Vehicles (Pravilnik o tehničnih pripomočkih in prilagoditvi vozila),

1 October 2014, available at: http://www.pisrs.si/Pis.web/pregledPredpisa?id=PRAV12201.