| For a summary of Slovenia’s review at the first cycle please click here. |
20th UPR session
Date of review: 4 November 2014
Date of report adoption: 10 December 2014
Document number: A/HRC/28/15
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SUMMARY SOGIESC issues during Slovenia’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
No references.
II. Excerpts on SOGIESC issues from the national report
Anti-discrimination measures (recommendations 19, 21, 26, 63, 64)
37. In 2010 and 2011, the OEO implemented the project Achieve Equality within Diversity, which included raising awareness of the Equal in Diversity – Getting There in society and pointing to the fact that no one should be discriminated on the grounds of race or ethnic affiliation, disability, age, religion or belief, gender, sexual orientation or any other personal circumstance. Guidelines for encouraging equality and protection against discrimination were drafted, workshops and training were organised for NGOs, civil servants at the national and local levels, judges and state prosecutors. There was an extensive media campaign aimed at raising awareness of the existence, prohibition and negative effects of discrimination, promoting diversity, multiculturalism and tolerance in general, irrespective of gender, nationality, race and ethnic origin, religion or belief, disability, age or sexual orientation. The website www.zagovornik.gov.si was launched, providing information about the project, basic facts about discrimination, tips and advice on what to do in cases of discrimination and the possibility of filing a petition for a case of alleged discrimination to be considered by the Advocate of the Principle of Equality. Leaflets with this information were published in 11 languages.
38. In addition to the Criminal Code, which, under certain conditions, defines public incitement to hatred and intolerance as an offence, such heinous acts are also prohibited by the Media Act 38, which explicitly prohibits the dissemination of programming that encourages ethnic, racial, religious, sexual or any other inequality, or violence and war, or incites ethnic, racial, religious, sexual or any other hatred and intolerance. Incitement to intolerance also constitutes an offence under Article 20 of the Protection of Public Order Act 39, when violent and audacious behaviour, misbehaviour, damage to official inscriptions, markings or decisions, writing on buildings and the destruction of state symbols is implemented for the purpose of inciting national, racial, sexual, ethnic, religious and political intolerance or intolerance of sexual orientation.
Same-sex partnerships (recommendations 5, 6, 7, 8, 22)
52. On 16 June 2011, the NA adopted the Family Code, according to which a same-sex union (partnership, extramarital union) is equal to a union between a man and a woman. The Act was rejected in a referendum held on 25 March 2012, with 45.45% voting for its adoption and 54.55% against. The relevant ministry has prepared working documents for a new family code and a draft law on civil partnership. In April 2014, the draft law was submitted for inter-ministerial consideration and public debate. The procedure has been suspended following the resignation of the Government. At the 2nd IDAHO Forum in May 2014, Slovenia was among 17 countries that signed the Declaration of Intent, which draws attention to the issues of homophobia and transphobia.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
19. CRC was concerned that children of same-sex couples faced discrimination in school based on their family’s sexual orientation. It urged Slovenia to regularize the status of such children
IV. References to SOGIESC issues during the Working Group review
Presentation by the State under review:
5. The delegation of Slovenia reiterated that human rights were among the key principles upon which the Republic of Slovenia was built. It reported that since the submission of its national report, the participation of women in the national assembly and in the Government had increased. Since mid-October an important new draft of a law on same-sex civil partnerships was under public discussion.
13. In answering Belgium on discrimination against the children of same-sex couples in schools, based on their family’s sexual orientation, the delegation, in presenting relevant awareness-raising activities, highlighted a book “My name is Damjan” on lesbian, gay, bisexual, transgender and intersex (LGBTI) persons that all secondary school students were receiving during the current school year. In responses to the question of Spain, it explained that the Slovenian Ministry of Health and the blood transfusion service were currently considering their existing practices, with a view to adapting it to both medical requirements for ensuring a high level of protection for recipients of blood and the principle of nondiscrimination.
44. Spain welcomed Slovenia’s institutional structure to combat discrimination, but stressed the need for enhanced coordination within it. It lauded Slovenia’s progress in the protection of persons with disabilities, but expressed concerns regarding the rights of Roma and homosexual couples.
46. Sweden welcomed Slovenia’s commitment to combating violence and discrimination on all grounds, including sexual orientation and gender identity. However, it noted the concern expressed by the Committee on the Rights of the Child about discrimination against the children of same-sex couples.
V. Conclusions and/or recommendations
Slovenia accepted the following recommendations:
115.50 Adopt policies to ensure equality of rights for all persons, without discrimination of gender, religion, race or sexual orientation, in line with international standards (Uruguay);
115.98 Adopt the same-sex partnership act in order to further improve the rights of LGBTI persons (Croatia)
115.92 Harmonize the rights of homosexual couples with those of heterosexual couples (Spain);
115.93 Heed the call by the Committee on the Rights of the Child to regularize the status of children of same-sex couples and ensure their protection against discrimination (Sweden).
VI. Further information
You will find all documents relating to Slovenia’s second review at UPR-Info and OHCHR’s websites.