Slovenia - 2012
Does nationality, citizenship serve as a ground for discrimination in access to public goods and services, employment and/or deprivation of economic and social rights?
- Code:
- RED4
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination
| Short Answer |
Yes. The ground of nationality is covered by the general clause "any other personal ground". |
| Qualitative Info |
The ground of nationality is covered by the general clause "any other personal ground", which is included in Article 14 of the Constitution, in Article 2 of the Act Implementing the Principle of Equal Treatment and in Article 131 of the Penal Code.
The Act Implementing the Principle of Equal Treatment does not include an explicit exception for discrimination on the grounds of nationality, e.g. regarding legislation on entry and residence of foreigners. There is a general exception included in the law which states: "The provisions of this law do not exclude differential treatment on personal grounds if such differential treatment is justified by a legitimate aim and if the means to achive this aim are appropriate and necessary." (Article 2.a, § 1 of the Act Implementing the Principle of Equal Treatment)
Sources: Ustava Republike Slovenije [The Constitution of the Republic of Slovenia], Official Journal of the Republic of Slovenia, No. 33/1991, 42/1997, 66/2000, 24/2003, 69/2004. 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. Kazenski zakonik [Penal Code], Official Journal of the Republic of Slovenia No. 55/2008. |
| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Asylum seekers |
| Type (R/D) | Anti-migrant/xenophobia, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Nationalism |
| Key socio-economic / Institutional Areas | Employment - labour market, Housing, Health and social protection, Education, Political participation, Anti-discrimination, Daily life |
| External Url | http://www.uradni-list.si/1/objava.jsp?urlid=200793&stevilka=4600 |
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