General legal framework

• Author: Kogovsek Salamon, Neza
• Pages: 14-14

14

1 GENERAL LEGAL FRAMEWORK

Constitutional provisions on protection against discrimination and the

promotion of equality

The Constitution of the Republic of Slovenia includes the following articles dealing with

non-discrimination:

- Article 14(1) states that everyone shall be guaranteed equal human rights and

fundamental freedoms irrespective of national origin, race, gender, language,

religion, political or other beliefs, financial status, birth, education, social status,

disability or any other personal characteristic.32 Alt hough sexual orientation and age

are not stated among the various grounds on which discrimination is prohibited,

this can be derived from the general clause. The fact that sexual orientation is a

protected ground under the meaning of Article 14 of the Constitution was confirmed

by the Constitutional Court in its decision No. U-I-425/06 of 2 July 2009.

- Article 63 stipulates t hat any incitement to ethnic, racial, religious or other

discrimination, as well as inflaming of ethnic, racial, religious or other hatred or

intolerance, shall be deemed unconstitutional.

- Article 34 establishes the right to personal dignity and safety.

- Article 35 establishes the protection of the right to privacy and personality right s.

- Article 22 states th at everyone shall be guaranteed equal p rotection of their rights

in any proceeding before a court or before other state authorities , local commun ity

authorities and b earers of public authority that decide on their rights, duties or

legal interests.

These provisions apply to all areas covered by the directives. Their material scope is

broader than those of the directives.

These provisions are directly applicable.

These provisions can be enforced against private individuals (as well as against the

state).

32 This clause must be respected even in the event of the temporary suspension and restriction of human

rights in case of war or emergency, Article 16 of the Constitution.