Slovenia - 2012
Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?
- Code:
- RED17
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
Yes, in the Act Implementing the principle of Equal Treatment Act and in the Employment Relationship Act there are provisions for financial compensation and for restitution of rights in cases of discrimination. These are applied in practice, although case law in anti-discrimination and torts is scarce. |
| Qualitative Info |
In accordance with Article 22, §1 of the Act Implementing the Principle of Equal Treatment, in cases of violations of the prohibition of discrimination discriminated persons may start judicial and administrative procedures and have the right to compensation in accordance with the general principles of tort law.
Article 6, §7, of the Employment Relationship Act stipulates the employer’s liability for damage in accordance with the provisions of tort law, when the employer infringes an anti-discrimination provision.
Articles 230 to 233 of the Execution of Judgments in Civil Matters and Insurance of Claims Act regulate the reinstatement of an employee to his position of employment after this has been awarded following a legal procedure. Article 233 states that an employee who proposes to return to his position of employment could ask the court to decide that the employer has to pay him sums of money that correspond to his wage from the end of court proceedings until his reinstatement (the nature of the damages is pecuniary, and there is no statutory upper limit). The sum payable is stipulated by the court and should amount to the level of the employee’s wage as if he had been working. The employee’s right to demand past wages to be paid is not affected by this regulation. If the court decides partially in favour of the employee, the employee can seek full compensation before the court. Sanctions for legal persons which are responsible are described in Section 3.1.2.
Sources: 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. Zakon o delovnih razmerjih [Employment Relationship Act], Official Journal of the Republic of Slovenia, No. 42/2002, 103/2007. |
| 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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