Implementation issues

• Author: Kogovsek Salamon, Neza
• Pages: 87-88

87

8IMPLEMENTATION ISSUES

8.1Dissemination of information, dialogue with NGOs and between social

partners

a)Dissemination of information about legal protection against discrimination (Article

10 Directive 2000/43 and Article 12Directive 2000/78)

Pursuant to Article 154 of the Constitution, regulations must be published prior to their

coming into force. State regulations are published in the State Official Journal, whereas

local community regulations are published in an official publication as determined by the

local community. The Advocate disseminates specific non-discrimination related content

from its work via its website www.zagovornik-rs.si, social media channels (Facebook and

Twitter), in public events and through media announcements.

b)Measures to encourage dialogue with NGOs with a view to promoting the principle

of equal treatment (Article 12Directive 2000/43 and Article 14Directive 2000/78)

Under Article 15 of the Protection Against Discrimination Act, in designing solutions and

proposals aimed at achieving the purpose of the Act, the Government and other state

bodies have to cooperate with NGOs (associations, foundations or institutes). The annual

report of the Advocate of the Principle of Equality for 2019 provides information on the

dialogue led with NGOs.195

c)Measures to promote dialogue between social partners to give effect to the principle

of equal treatment within workplace practices, codes of practice and workforce

monitoring (Article 11Directive 2000/43 and Article 13Directive 2000/78)

Under Article 15 of the Protection Against Discrimination Act, in designing solutions and

proposals aimed at achieving the purpose of the Act, the Government and other state

bodies have to cooperate with social partners who are active in the field of equal

treatment; the protection of human rights and fundamental freedoms; the protection of

vulnerable groups from discrimination; or the provision of legal or social assistance to

persons who experience discrimination. Trade unions provide legal assistance to victims

of discrimination at work when they are enforcing their rights before the courts and other

state bodies.

d)Addressing the situation of Roma and Travellers

The situation of the Roma is addressed by the Advocate of the Principle of Equality.

Competence for the situation of the Roma also lies with the Government Office for

Minorities (which deals with the position of Italian and Hungarian minorities in addition to

the Roma ethnic community).

8.2Measures to ensure compliance with the principle of equal treatment

(Article 14Directive 2000/43, Article 16 Directive 2000/78)

a)Compliance of national legislation (Articles 14(a) and 16(a))

In Slovenia, there is no explicit provision stating that any laws, regulations or

administrative provisions contrary to the principle of equal treatment shall be abolished.

The Protection Against Discrimination Act contains more general provisions, such that

state bodies, local authorities and holders of public authority must adopt measures in

195 Advocate of the Principle of Equality (2020), Annual Report for 2019 (Redno letno poročilo za leto 2019),

pp. 247-253.