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Are there legal definitions of racist incident and racist violence?

Code:
RED23
Key Area:
Anti-racist Crime Legislation & Implementation
Strand(s):
Racism
12/01/2012 - 19:21
Short Answer

No, in Slovenian legislation there is no specific definition of racist incident or racist crime.

Qualitative Info

In Slovenian legislation there is no specific definition of racist incident or racist crime, but there are provisions regarding racist incident/crime in the Slovenian Criminal Code:

Article 131 of the Criminal Code (Violation of Right to Equality) criminalizes depriving or restraining another person of any human right or liberty recognised by the international community or laid down by the Constitution or the statute due to differences in respect of nationality, race, skin colour, religion, ethnic roots, gender, language, political or other beliefs, sexual orientation, financial situation, birth, genetic heritage, education, social position or any other circumstance. Under this article it is also punishable to grant another person a special privilege or advantage on the basis of such discrimination. Special privilege or advantage means unjustified more favourable treatment comparing to other persons, but this does not mean that persons implementing positive measures for e.g. ethnic groups commit a crime.

Article 297 of the Criminal Code defines criminal offence of Public Incitement to Hatred, Violence or Intolerance (hate speech). The Article prohibits public provocation of up ethnic, racial, religious or other hatred, strife or intolerance, or provocation of any other inequality on the basis of physical or mental deficiencies or sexual orientation.

The Criminal Code also criminalizes the violation of the principle of equality in relation to workplace mobbing (Article 197 – degrading or frightening another person at the workplace or in relation to work with sexual harassment, physical violence, ill-treatment or unequal treatment).  

The Criminal Code also prohibits genocide (Article 100), crimes against humanity, including those on the grounds of race, ethnic and religious affiliation (Article 101), war crimes, including forced pregnancy aimed at affecting ethnical composition of any population (Article 102).

Some provisions can also be found in the Protection of Public Order Act:
Article 20 (Incitement to intolerance) stipulates that minor offences of violent or audacious behaviour (Article 6), inappropriate behaviour (Article 7), damaging official inscriptions, signs or decisions (Article 12), writing on the buildings (Article 13) and destroying the national symbols (Article 15), committed with the purpose of incitement to national, racial, sexual, ethnic, religious, political intolerance or intolerance regarding sexual orientation are punishable by a fine in the amount of no less than 200.000 SIT (approximately 835 EUR). When minor offences are not motivated by intolerance the fines are lower.
 


Source: http://www.uradni-list.si/1/objava.jsp?urlurid=20082296; http://www.uradni-list.si/1/objava.jsp?urlid=200670&stevilka=2998

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 Employment - labour market, Media, Internet, Political discourse -parties - orgs, Anti-discrimination, Anti-racism, Daily life, Religion
External Url
Situation(s)
Library
28/01/2013 - 02:42
Short Answer

No, in Slovenian legislation there is no specific definition of racist incident or racist crime.

Qualitative Info

In Slovenian legislation there is no specific definition of racist incident or racist crime, but there are provisions regarding racist incident/crime in the Slovenian Criminal Code:

Article 131 of the Criminal Code (Violation of Right to Equality) criminalizes depriving or restraining another person of any human right or liberty recognised by the international community or laid down by the Constitution or the statute due to differences in respect of nationality, race, skin colour, religion, ethnic roots, gender, language, political or other beliefs, sexual orientation, financial situation, birth, genetic heritage, education, social position or any other circumstance. Under this article it is also punishable to grant another person a special privilege or advantage on the basis of such discrimination. Special privilege or advantage means unjustified more favourable treatment comparing to other persons, but this does not mean that persons implementing positive measures for e.g. ethnic groups commit a crime.

Article 297 of the Criminal Code defines criminal offence of Public Incitement to Hatred, Violence or Intolerance (hate speech). The Article prohibits public provocation of up ethnic, racial, religious or other hatred, strife or intolerance, or provocation of any other inequality on the basis of physical or mental deficiencies or sexual orientation or any other personal circumstance and the conduct is carried out in a way that is likely to endanger or disturb public order, or by threatening, abusing or insulting.

The Criminal Code also criminalizes the violation of the principle of equality in relation to workplace mobbing (Article 197 – degrading or frightening another person at the workplace or in relation to work with sexual harassment, physical violence, ill-treatment or unequal treatment).  

The Criminal Code also prohibits genocide (Article 100), crimes against humanity, including those on the grounds of race, ethnic and religious affiliation (Article 101), war crimes, including forced pregnancy aimed at affecting ethnical composition of any population (Article 102).

Some provisions can also be found in the Protection of Public Order Act:
Article 20 (Incitement to intolerance) stipulates that minor offences of violent or audacious behaviour (Article 6), inappropriate behaviour (Article 7), damaging official inscriptions, signs or decisions (Article 12), writing on the buildings (Article 13) and destroying the national symbols (Article 15), committed with the purpose of incitement to national, racial, sexual, ethnic, religious, political intolerance or intolerance regarding sexual orientation are punishable by a fine in the amount of no less than 200.000 SIT (approximately 835 EUR). When minor offences are not motivated by intolerance the fines are lower.
 


Source:

http://www.uradni-list.si/1/objava.jsp?urlid=201250&stevilka=2065 

http://www.uradni-list.si/1/objava.jsp?urlid=200670&stevilka=2998

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 Employment - labour market, Media, Internet, Political discourse -parties - orgs, Anti-discrimination, Anti-racism, Daily life, Religion
External Url
Situation(s)
Library