Introduction
Author | Kogovsek Salamon, Neza |
Pages | 12-13 |
12
INTRODUCTION
The national legal system
According to its Constitution, the Repu blic of Slovenia i s a democratic republic, governed
by the rule of l aw. It is a unified state, and competence for the adopti on of national law
in the field of non-discrimination rests with the National Assembly. All laws, regulations
and other gene ral legal provisions must conform to the Constitution. Laws must conform
to generally accepted p rinciples of international law and with valid treaties ratifi ed by the
National Assembly, whereas regulations and other general legal provisions must comply
with other treaties ratified by the Government. Regulations and other general legal
provisions must conform to the Constitution and laws. Legal acts and decisions ad opted
within in ternational organisations to which Slovenia has transferred the exercise of part
of its sovereign rights (such as the European Union) shall be applied in Slovenia in
accordance with the legal regulation of these organisations. All legislation in Slovenia
may be subject to revision by the Constitutional Court. Article 14 of the C onstitution of
the Republic of Slov enia prohibits discrimination on the grounds of national origin, race,
gender, language, religion, political or other beliefs, finan cial status, birth, education,
social status, disability or any other personal characteristic. 25
List of main legislation transposing and implementing the directives
Protection Against Discrimination Act. Date of adoption: 21 April 2016.26 Grounds
covered: gender, ethnicity, race or ethnic origin, language, religion or belief, disability,
age, sexual orientation, gender identity or gender expression, social standing, economic
situation, education or any other personal characteristic. Material scope: all fields, in
particular access t o employment, self-employment or profession; access to all levels of
career orientation, professional training, advanced training and retraining and practical
work experience; employment and working conditions, dismissals an d pay; membership
of and involvement in an organisation of workers or employers or other professional
organisation, including associated benefits; social protection, social security and
healthcare; social advantages; upbringing and education; and access to and supply of
goods and services which are available to the public, including housing.
Employment Relationship Act. Date of adoption: 5 March 2013.27 Grounds covered:
ethnicity, race or ethnic origin, n ational and social origin, gender, skin colour, h ealth
condition, disability, religion or belief, age, sexual orientation, family status, memb ership
of a trade union, financial situation or other personal characteristic. Material scope:
public and private employment.
Vocational Rehabilitation and Employment of Pe rsons with Disabilities A ct. Date of
adoption: 21 May 2004.28 Grounds covered: disability. Material scope: employment.
Act on Equ al Opportunities for People with Disabilities. Date of adopti on: 16 N ovember
2010.29 Grounds covered: disability. Material scope: employment, education and access
to and supply of goods and services which are available to the public, including housing .
25 Constitution of the Republic of Slovenia (Ustava Republike Slovenije), Official Journal of the Republic of
Slovenia, No. 33/1991.
26 Protection Against Discrimination Act (Zakon o varstvu pred diskriminacijo), Official Journal of the Republic
of Slovenia, No. 33/16.
27 Employment Relationship Act (Zakon o delovnih razmerjih), Official Journal of the Republic of Slovenia, Nos.
21/13 and 78/13.
28 Vocational Rehabilitation and Employment of Persons with Disabilities Act (Zakon o zaposlitveni rehabilitaciji
in zaposlovanju invalidov), Official Journal of the Republic of Slovenia, No. 63/2004.
29 Act on Equal Opportunities for People with Disabilities (Zakon o izenačevanju možnosti invalidov), Official
Journal of the Republic of Slovenia, No. 94/2010.
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