| For a summary of Slovenia’s review at the second cycle please click here. |
7th UPR session
Date of review: 16 February 2010
Date of report adoption: 15 March 2010
Document number: A/HRC/14/15
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SUMMARY SOGIESC issues during Slovenia’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
8. The CoE-Commissioner [Council of Europe Commissioner for Human Rights] stated that it was extremely concerned about the continuous public manifestations of hate speech and intolerance by some politicians. It called for greater responsibility of politicians and media in this regard and for the full respect of the rights and values laid down in international instruments. The Ombudsman [Human Rights Ombudsman of the Republic of Slovenia] stated that since the notion of hate speech is not well known, people do not recognise it as such and fail to act as provided for by the legislation. It also underlined the crucial role of state bodies in sanctioning efficiently criminal acts committed out of hatred, noting that competent law enforcement authorities did not react to individual complaints or reports, even in cases forwarded by the Ombudsman. The CoE-Commissioner also expressed concern over the homophobic and intolerant public statements made by some politicians during the discussions about the draft Law on Registered Same-Sex Partnership in the Parliament. […]
9. SRI [Sexual Rights Initiative] referred to the 1997 penal code decriminalizing homosexual sex and permitting homosexual civil unions. SRI informed that in 2006 gay activists filed a complaint to the Constitutional Court because the law did not afford the same social, family, and inheritance rights as those granted to heterosexual married couples. The court had not yet issued a ruling on the matter. Fundación Mundial Déjame Vivir en Paz (FMDVEP) considered necessary that Slovenia recognize the Rights of homosexuals to adopt a child.
Right to social security and to an adequate standard of living
32. In 2005, the CoE-Commissioner welcomed the enactment of the Law on Registered Same-Sex Partnership, but regretted that it does not guarantee full equality for sexual minorities in the area of social security. The law falls behind increasingly common legal standards in many EU countries and the general principle of non-discrimination.
II. Excerpts on SOGIESC issues from the national report
Prohibition of discrimination
1. Same-sex partnership
20. Decision U-I-425/06-10 of July 2009 of the Constitutional Court established the inconsistency of Article 22 of the Registration of a Same-Sex Civil Partnership Act regulating inheritance with Article 14, paragraph 1, of the Constitution. The Court establishes that the position of partners in registered same-sex partnerships is in its essential factual and legal aspects comparable with the position of spouses as regards the right to inheritance from a deceased partner. The differences in the regulation of inheritance between spouses and between partners in registered same-sex partnerships are therefore not based on any objective, non-personal circumstance, but on sexual orientation. Until the established inconsistency is remedied, the same rules apply for inheritance between partners in registered same-sex partnerships as apply for inheritance between spouses in accordance with the Inheritance Act. The National Assembly is obliged to remedy the established inconsistency within six months from the publication of this decision.
21. In its endeavours to eliminate stigmatization and discrimination against HIV-positive people, the Ministry of Health is co-financing NGOs fighting stigma and providing counselling and training in this area.
2. Children’s rights
24. A new Family Code that is currently under public debate regulates comprehensively the entire family law, strengthening the influence of the state on relations within the family for the child’s benefit. The novelties include the prohibition of corporal punishment of children, the system of children’s advocacy, the extension of the definition of “family protected under the constitution” (with a view to enhancing the protection of children) and introduction of equal status to same-sex partnerships and heterosexual partnerships.
V. NATIONAL PRIORITIES REGARDING HUMAN RIGHTS
71. The Slovenian authorities are endeavouring to grant all people living on Slovenian territory all human rights and freedoms guaranteed by the Constitution and international agreements that are binding on the Republic of Slovenia. Special attention is devoted to children’s and women’s rights, rights of persons with disabilities and members of national and other ethnic communities. The Government is giving priority to the outstanding issues of trial within a reasonable time (reduction in court backlogs), persons who were transferred from the register of permanent residence following Slovenia’s gaining independence to the register of aliens, and improving the rights of same-sex partnerships. Particular attention is dedicated to regular dialogue with bodies established by human rights treaties and other human rights mechanisms at the regional and universal levels.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
8. The first reading of the draft Family Code is expected to be held by the National Assembly in March or April. The new proposals include, inter alia, the prohibition of the corporal punishment of children and the recognition of equal status for same-sex partnerships and heterosexual partnerships.
28. Canada […] welcomed the elimination of disparities in the regulation of inheritance between spouses and partners in registered same-sex partnerships.
50. The Netherlands […] noted that, under a July 2009 decision by the Constitutional Court, the National Assembly had been given six months to provide same-sex partners with equal inheritance rights.
V. Conclusions and/or recommendations
Slovenia accepted the following recommendations:
111.5. To take the measures necessary to ensure that same-sex partners are treated equally with opposite-sex partners throughout Slovenian law (Netherlands);
111.6. To continue to implement legislation recognizing equal rights for samesex couples (Colombia);
111.7. To eliminate all other forms of disparity in the treatment of heterosexual and same-sex couples, in order to ensure full equality and non-discrimination (Canada);
111.8. To adopt the latest draft amendments to the Marriage and Family Relations Act that equalize same-sex unions and other family unions and ban the corporal punishment of children (Norway);
111.22. To further strengthen measures against discrimination with regard to women, national minorities, persons of minority sexual orientation or gender identity and persons with disabilities (Czech Republic).
VI. Further information
You will find all documents relating to Slovenia’s first review at UPR-Info and OHCHR’s websites.