QUESTIONNAIRE
“NON - DISCRIMINATION AND EQUALITY IN FAMILY AND CULTURAL LIFE”
CONTRIBUTION BY SLOVENIA
Questionnaire
General
1. What status/hierarchy does your Constitution gives to international human rights treaties versus domestic law?
Laws/acts and other regulations must comply with generally accepted principles of international law, and with treaties that are binding on Slovenia (as set out in Article 8 of the Constitution). Ratified and published international treaties must be applied directly. The position of the Slovenian Constitutional Court is that international treaties rank above statutory provisions in the hierarchy of legal acts. Ratified international treaties are integrated into the national legal system, thereby creating rights and obligations for natural and legal persons in the country (provided they are directly enforceable).
All legal norms must be in conformity with the Constitution. Laws/acts and other regulations must comply with generally accepted principles of international law, and with treaties that are binding on Slovenia (as set out in Article 8 of the Constitution). Implementing regulations and local ordinances must, in addition, be in conformity with laws/acts.
General acts issued for the exercise of public authority must be in conformity with the Constitution, laws/acts and implementing regulations.
Individual acts and the actions of state authorities, local community authorities and bearers of public authority must be based on an adopted law/act or statutory regulation.
As to the primacy of law of the European Union, the Constitution provides the basis for the Slovenian legal system to accept its primacy, by stating that legal acts and decisions adopted within international organisations to which Slovenia has transferred the exercise of part of its sovereign rights (in this case, the European Union) must be applied in Slovenia in accordance with the legal regulation of these organisations.
International treaties of which the Republic of Slovenia is a signatory enter into force once they have been ratified by the National Assembly through a specific procedure. International treaties are ratified by the adoption of a law tabled by the government. A law on the ratification of an international treaty is adopted if passed by a simple majority of the deputies present, except where stipulated otherwise by the Constitution or law.
2. Has your State ratified international human rights treaties with reservations to provisions dealing with equality in family life?
Yes ( ) No (X )
If yes, are there plans to withdraw these reservations?
Yes ( ) No ( )
Please explain.
3. Are the principles of non-discrimination on the basis of sex/gender and equality between men and women established in the Constitution of your State?
Yes (X) No ( )
If yes, please provide references, describe how they are defined (name the specific articles) and whether they cover family and cultural life.
In accordance with the Constitution everyone is guaranteed equal human rights and fundamental freedoms irrespective of national origin, race, sex, language, religion, political or other conviction, material standing, birth, education, social status, disability or any other personal circumstance. All are equal before the law (Article 14). Judicial protection of human rights and the right to obtain redress for the violation of such rights are guaranteed by the Constitution (Article 15). The law shall provide measures for encouraging the equal opportunity of men and women in standing for election to state authorities and local community authorities (Article 43). Furthermore marriage is based on the equality of spouses. Marriage and the legal relations within it and the family, as well as those within an extramarital union, shall be regulated by law. The state shall protect the family, motherhood, fatherhood, children and young people and shall create the necessary conditions for such protection (Article 53).
4. Are there any specific anti-discrimination or gender equality laws in your State?
Yes ( X) No ( )
If yes, please provide references and briefly describe the content of this law(s), in particular whether it covers family and cultural life.
Legal basis for the implementation of specific gender equality actions, including temporary special measures, and gender mainstreaming as the key working methods complementing specific policies for the advancement of women and their empowerment were created with the adoption of the special gender equality law in 2002, namely the Equal Opportunities for Women and Men Act. The aim of the Act is to define common grounds for the improvement of the status of women and the establishment of equal opportunities for women and men in political, economic, social, educational fields and other fields of social life (Article 1).
In 2007 Act Implementing the Principle of Equal Treatment, general anti-discrimination law, which prohibits direct and indirect discrimination on the grounds of any personal characteristics, including sex, in any sphere of social life, as well as victimization of a person discriminated against and of persons helping such a victim was adopted (Article 3 and 4).
5. Have there been any recent legal reforms in your State to guarantee non-discrimination and equality between men and women in family and cultural life?
Yes ( X) No ( )
If yes, please explain and provide examples.
On 26 September 2013, the Government of the Republic of Slovenia adopted the Equality of Women and Men Act, which is to replace the applicable Equal Opportunities for Women and Men Act, and submitted it to the National Assembly of the Republic of Slovenia for discussion and adoption. The Act specifies in more detail the issues of gender equality and the prohibition of sex- and gender-based discrimination. To this date the Act has not yet been adopted by the National Assembly.
Furthermore in 2013 the Government adopted a new Parental protection and family benefit Act that includes a provision laying down that each parent has the right to a 130-day parental leave. Mothers may transfer 100 days to fathers, while fathers may transfer 130 days to mothers. The 15-day paternity leave (entitling fathers to paternity leave compensation) has been extended to 30 days, and the 75-day paternity leave in respect of which fathers were paid minimum salary social security contributions was abolished. This right is to be introduced gradually.
6. Are there any customary, religious law or common law principles/provisions that discriminate against women in family and cultural life?
Yes ( ) No ( X )
If yes, please explain and provide examples.
7. Are there any good practices that you can share regarding the elimination of sex discrimination in family and cultural life in your State?
If yes, please explain and provide examples.
In 2006 and 2007, the Office for Equal Opportunities carried out a media campaign 'Daddy, get active!', which was co-funded by the European Commission through the Progress Programme. The objectives of the campaign were to encourage fathers' involvement in family life, present the positive aspects of responsible and active fatherhood, challenge traditional gender role stereotypes, promote the equal distribution of family responsibilities between both partners and present the benefits of shared and reconciled professional and family life for employees and employers. The campaign consisted of a radio spot, shows on active fatherhood and an educational documentary broadcasted on the national TV. Fathers were encouraged to spend active time with their children and informed about the rights of fathers and positive aspects of active fatherhood for children also through a sport and awareness-raising event 'Daddy's Runs' organised by the Office for Equal Opportunities in cooperation with the local communities in 2006, 2010 and 2011. Fathers ran with their children; they pushed prams, carried children in their arms and piggyback and ran hand in hand or side by side with their children. In some local communities the run has become an annual event.
8. What actions have been taken by your State to eradicate negative gender stereotypes, including in the media?
During Slovenia's EU Presidency in 2008 and in cooperation with the European Commission, the Office for Equal Opportunities organised a conference 'Elimination of Gender Stereotypes: Mission (Im)Possible?'. The Conference reviewed progress and identified the key challenges faced at various stages of life as regards the elimination of gender stereotypes, in particular in education and training, employment, private and family life, participation and decision making, and in the media. Commitments were undertaken to facilitate the development of policies and programmes to challenge gender stereotypes and promote gender equality in education and training programmes and practices.
9. Are tribunals upholding the principles of equality and non-discrimination in matters relating to family and cultural life?
Yes ( ) No (X)
If yes, please provide any relevant case-law/jurisprudence.
10. Are there any other mechanisms to monitor draft legislation, specific provisions in draft legislation or reverse decisions discriminating against women in family or cultural life?
Yes ( X ) No ( )
If yes, please provide any relevant examples.
In accordance with the Equal Opportunities for Women and Men Act in the course of the preparation of regulations and other measures that apply in the fields which are relevant for the establishment of equal opportunities, ministries shall take into consideration the gender equality perspective, work together for this purpose with the National machinery for Gender Equality and take into account its suggestions and opinions. Ministries must obtain the opinion and suggestions of the National Machinery for Gender Equality with regard to proposals of laws and other documents relating to the fields of work that are important for the establishment of equal opportunities, before these proposals are submitted to the government for decision.
The Ombudsperson task is to identify and prevent violations of human rights and other irregularities arising from the operation of national or local public bodies, and to eliminate their consequences. The jurisdiction of the Ombudsperson includes investigation into cases of alleged violations of specific human rights.
Cases of alleged violations of the ban on discrimination on the grounds of any personal characteristics, including sex in accordance with the Implementing the Principle of Equal Treatment Act is considered by an Advocate of the Principle of Equality. The role of the Advocate is to provide general information and explanations regarding discrimination. When hearing a case the Advocate points out the discovered irregularities and recommend, how they should be eliminated. The Advocate also offers help to discriminated persons in other procedures for exercising rights related to the protection against discrimination. In 2012, the Advocate of the Principle of Equality received eight applications alleging discrimination against women. Six cases referred to unequal treatment in the labour market, while two cases referred to media contents. No opinion has been issued. In three cases, the Advocate of the Principle of Equality informed the applicants about potential courses of action; in two cases, no discrimination was found; three cases are still pending.
Family Life - Equality within marriage
11. Is there a legal designation of head of household?
Yes ( ) No ( X)
If yes, is the head of household the male member of the family? What rights or obligations are attributed to the head of household?
12. Do women have the same rights as men in your State in relation to:
(yes) The minimum age for marriage – if the age of marriage is different for men and women, please provide information
(yes) The right to enter into marriage
(yes) The freedom to choose a spouse and to express consent
13. With permission or authorization from parents/guardians/courts, at what minimum age can men and women marry in your State? What enforcement measures are provided by law in this regard?
In accordance to the Marriage and Family Relations Act marriage may not be concluded by persons below the age of eighteen (Article 18).
However, a Social Work Centre may - if there are well founded reasons for this - allow the concluding of marriage between (by) person who is not yet 18 years of age but older than 15 years. Prior to a social work centre allows a young person to conclude marriage, it must interview them, the person with whom they intend to conclude marriage, and the (young person's) parents or guardians (Article 23 and 24).
Article 142 of the Criminal Code determines that whoever, by means of force or serious threat, coerces another person to perform an act or to omit performing an act or to suffer any harm shall be sentenced to imprisonment for not more than one year. This provision can be used in the cases of forced marriage with a minor.
14. Is there a reference to dowry in the legislation of your State, for example, in marriage contracts or in traditional practice?
Yes ( ) No (X)
If yes, please explain.
15. Are forced marriages prohibited in your formal and customary laws?
Yes (X) No ( )
If yes, please provide any relevant references.
Force marriages are not prohibited expressis verbis with a specific provision in Criminal Code, however, art. 132 (Criminal Coercion) prohibits forced marriages. See below:
(1) Whoever, by means of force or serious threat, coerces another person to perform an act or to omit performing an act or to suffer any harm shall be sentenced to imprisonment for not more than one year.
(2) The prosecution shall be initiated upon a complaint.
In order to conclude a marriage, it is necessary for two persons of different sex to state before a competent body, in a manner determined by law, their agreement to conclude the marriage (Article 16 of Marriage and Family Relations Act).
A marriage shall not be valid without the free consent of the future spouses; there is no free consent if the consent has been forced or given in error. Consent is forced if the spouse consented to conclude marriage out of fear caused by real threat (Article 17 of Marriage and Family Relations Act).
16. Are forced marriages or arranged marriages practiced in your State?
Yes (X) No ( )
There is no official data on forced or arranged marriages available in Slovenia. However, there were some cases reported by Centres for Social Work and NGOs dealing with trafficking in human beings that referred to cases of forced marriages in the Roma community.
17. Is polygamy illegal in your State?
Yes ( X ) No ( )
If no, is it legal for both men and women?
18. Is the registration of marriage compulsory in the following cases?