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.