Slovenia – Equality & non-discrimination
Slovenia’s priorities
Preventing discrimination involves dedicating special attention to gender equality, women’s empowerment, and the rights of children, the disabled, the elderly, lesbian and gay people, and other minorities. (pg. 5-6)
Principle 1 – State’s duty to protect HR
Special laws further define the general principle of equality and individual constitutional provisions, to effectively ensure the implementation of human rights. To guarantee genuine equality, the Constitution, the general act prohibiting discrimination, and the special act on gender equality explicitly stipulate the basis for implementing special measures or positive discrimination in cases when derogations from the equal treatment principle are justified by lawful ends, and the means to attain this goal are both adequate and necessary. (pg. 8)
Institutions specialised in human rights protection and promotion include: the Human Rights Ombudsman, the Advocate of the Principle of Equality, coordinators for equal opportunities for women and men, the Commission for Petitions, Human Rights and Equal Opportunities, the Office of the Republic of Slovenia for National Minorities, and numerous working bodies established by the Government or operating within ministries. (pg. 8-9)
Principle 3a – Equal opportunities for women and men
Slovenian legislation prohibits direct and indirect discrimination and provides for the obligation to ensure equal treatment regardless of gender. It also envisages positive, protective and other measures on gender equality. These include the obligation of the employer – except in justified cases – not to limit access to vacancies based on gender, not to request information from candidates or condition employment on family or marital status, pregnancy or family planning. The employer must also provide equal pay for the same work and for work of the same value to workers regardless of gender. (pg. 13)
Principle 3d – Non-financial reporting
[A]ll companies subject to audit have to outline the policy of representation diversity in their management or supervisory bodies (diversity based on gender, age, education). (pg. 23)
Principle 5 – Oversight
The criteria for funding or co-funding development cooperation programmes or projects now also include proven corporate social responsibility, respect for a human rights-based approach, strengthening gender equality and women’s empowerment. (pg. 25)
Principle 6 – Planned Measures
Slovenia will take account of the following considerations: respect for corporate social responsibility, respect for human rights-based approaches, strengthening gender equality and women’s empowerment. (pg. 29)
Principle 8 – Gov’t agencies observe HR obligations
The Ministry of Labour, Family, Social Affairs and Equal Opportunities of the Republic of Slovenia provides training for public employees, particularly equal opportunities coordinators, related to procedures for gender mainstreaming into sectoral policies. The Ministry created guidelines for drafting action plans for equal opportunities for women and men in local communities. (pg. 30)
Principle 8 – Planned activities/orientations
The Ministry of Labour, Family, Social Affairs and Equal Opportunities of the Republic of Slovenia will continue to provide regular training for equal opportunities coordinators at the ministries and in local communities on the topic of gender equality. (pg. 30)
Principle 27 – Advocate of the Principle of Equality
The Protection against Discrimination Act, which entered into force in May 2016, established the Advocate of the Principle of Equality, an independent state institution for protection against discrimination. The Advocate is responsible for, among other things, making recommendations to state institutions, local community institutions, bearers of public authority, employers, and business and other entities. (pg. 40)
Principle 27 – Planned Measures: Advocate of the Principle of Equality
Slovenia has established the Advocate of the Principle of Equality, which is tasked with offering recommendations to employers, economic operators and other entities on preventing and eliminating discrimination, conducting inspections and providing independent assistance in the form of counselling and legal advice to parties engaged in other administrative and court procedures related to discrimination. The Advocate’s mandate also includes the prevention of discrimination and addressing reports and initiatives in the private sector. (pg. 41)
Annex I – Human Rights Due Diligence
Among the aspects of human rights that business enterprises are obliged to respect are all human rights, including guaranteeing non-discrimination and the equal treatment of all persons, gender equality… (pg. 44-45)