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Is legal support for victims available from public agencies/bodies? Is there access for victims to assistance and justice?

Code:
RED12
Key Area:
Anti-discrimination Legislation & Implementation
Strand(s):
Discrimination, Equality
12/12/2011 - 16:29
Short Answer

Yes, in principle legal support is available for victims to access procedures and justice. This is ensured both by the tasks allocated to the Advocate of the Principle of Equality and by the Free Legal Aid recognizing the right to free legal aid in court procedures.

Qualitative Info

Yes, in principle legal support is available for victims to access procedures and justice. This is ensured both by the tasks allocated to the Advocate of the Principle of Equality and by the Free Legal Aid recognizing the right to free legal aid in court procedures.

 

Since judicial proceedings for human rights cases are customarily expensive, individuals of poor financial means cannot afford the lengthy and expensive procedure. The Free Legal Aid Act  was adopted with intention of remedying this situation. This act enables individuals to acquire the services of an attorney at law at the expense of the State. Legal aid provided for by this law is limited to court procedures, it is not recognized for procedures before the administrative bodies. It is not recognized to persons who have no legal status in Slovenia.

 

For discrimination cases additional support is ensured by the Act Implementing the Principle of Equal Treatment, in the part which defines the tasks of the Advocate of the Principle of Equality. In accordance with this Act, the Advocate of the Principle of Equality functions within the Office for Equal Opportunities in order to examine cases of alleged violations of the prohibition of discrimination, and to provide persons with assistance on issues of discrimination. 

 

Sources:

Zakon o brezplačni pravni pomoči [The Free Legal Aid Act], Official Journal of the Republic of Slovenia, No. 66/2001, 50/2004.

Zakon o uresničevanju načela enakega obravnavanja – Uradno prečiščeno besedilo [Act Implementing the Principle of Equal Treatment – Official Consolidated Version], Official Journal of the Republic of Slovenia, No. 93/2007.

Report on legal measures to combat discrimination (Directives 2000/43/EC and 2000/78/EC), Country report 2010 Slovenia, http://www.non-discrimination.net/content/media/2010-SI-Country%20Report%20LN_FINAL.pdf.
 

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief
Key socio-economic / Institutional Areas Policing - law enforcement, Employment - labour market, Housing, Health and social protection, Education, Culture, Media, Internet, Sport, Political discourse -parties - orgs, Political participation, Anti-discrimination, Anti-racism, Integration - social cohesion, Daily life, Religion
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