Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Slovenia (Ratification: 1992)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the strengthening of legislative protection against harassment and sexual harassment in the Protection Against Discrimination Act of 24 May 2016. The Committee notes the Government’s indication that labour inspectors found a significant number of violations of Section 47 of the Employment Relationships Act (No. 21/13 of 13 March 2013), as amended, concerning the failure of employers to adopt measures to protect workers against sexual or other harassment or bullying in the workplace. The Committee therefore welcomes that an objective of the resolution on the National Programme for Equal Opportunities for Women and Men 2015–20 is the better provision of information and the implementation of the provisions prohibiting sexual and other harassment and bullying in the workplace.The Committee asks the Government to continue to provide information on the steps taken to provide training, information, and guidance to employers, as well as to workers, and the concrete steps taken by employers to prevent and protect against work related harassment.

Articles 2 and 3. Equality of opportunity and treatment for men and women. With reference to its previous comment concerning gender segregation in the labour market and measures taken to promote women’s access to a wider range of jobs and educational and vocational opportunities, the Committee notes the Government’s indication in its report that emphasis has been placed on: promoting the balanced representation of men and women in decision-making positions, including undertaking several surveys; launching a media campaign addressing gender stereotypes and promoting the equal division of care and housework between men and women; and the setting up of a special working group to draw up a draft Act on balanced representation of men and women in decision-making positions. The Committee also notes the adoption of various programmes and plans and the cooperation of numerous ministries to promote equal opportunities between men and women. It notes the adoption of the resolution on the National Programme for Equal Opportunities for Women and Men 2015–20 and the Periodic Plan for its enforcement in 2016 and 2017. In particular, it notes the following Programme objectives for the labour market and employment: to increase the employment rate of women, in particular vulnerable groups of women; to increase the share of women and men in occupations and sectors in which they are under-represented; to better inform men and women about their rights; and, to supervise the implementation of provisions prohibiting discrimination in hiring and in the workplace. The Committee further notes the Partnership Agreement adopted between the Government of Slovenia and the European Commission for the period 2014–20, and the Guidelines of the Managing Authority for the Implementation of the European Union (EU) Cohesion Policy 2014–20, which emphasize the promotion of equality between men and women, non-discrimination and accessibility.The Committee asks the Government to provide information, including statistics, on the implementation and impact of the National Programme for Equal Opportunities for Women and Men 2015–20 and the Partnership Agreement with the European Commission 2014–20 with regard to increasing the employment rate of women overall and the employment of men and women in occupations and sectors in which they are underrepresented. It further requests the Government to provide information on the results of the various steps taken and measures adopted to increase women in decision-making positions.

Equality of opportunity and treatment of workers with disabilities. The Committee notes the detailed information provided by the Government on measures adopted to promote training, rehabilitation and access to employment services for persons with disabilities. It notes the Government’s assessment that the quota system of employment of persons with disabilities contributed to the preservation and promotion of their employment in the period of negative economic growth as well as in the period of economic recovery. It also notes that the highest number of discrimination complaints in 2016 were based on the ground of disability. The Committee further notes that the Partnership Agreement adopted between the Government of Slovenia and the European Commission for the period 2014–20, and the Guidelines of the Managing Authority for the Implementation of the EU Cohesion Policy 2014–20, contain measures to promote inclusion of disabled persons and to provide accessibility for disabled persons into programmes and projects implemented within those frameworks. In this regard, the Committee notes that, in its concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) welcomed the progress achieved by Slovenia in implementing the Convention. It noted, in particular, the adoption of the Personal Assistance Act, in 2017; the Action Programme for Persons with Disabilities (2014–21); and the Equalization of Opportunities for Persons with Disabilities Act, in 2012. However, it also expressed concerns, inter alia, about the absence of public policies and measures focusing on and prioritizing equality and the protection of persons with disabilities against all forms of discrimination, including the lack of specific legislation and policies regarding the rights of women and girls with disabilities, as well as insufficient measures to address multiple and intersectional discrimination against persons with disabilities (CRPD/C/SVN/CO/1, 16 April 2018, paragraphs 6 and 8).The Committee asks the Government to provide information, including sex-disaggregated statistics, on the measures adopted to promote the inclusion of disabled persons into employment-related programmes and projects and the results achieved. It also asks the Government to disseminate information among persons with disabilities about existing remedies in cases of discrimination, both in the public and private sectors.

Enforcement. The Committee notes the information provided by the Government concerning the labour inspectorate’s findings and the work of the new Advocate for the Equality Principle. It notes that the total number of initiatives and reported cases in 2016 was 68 and that the most commonly alleged discrimination grounds are “disability” (17 cases, or 25 per cent); followed by “gender” (eight cases, or 11.76 per cent) and “age” and “financial situation” (five cases of each, or 7.35 per cent). In 2016 there were no instances of alleged discrimination based on the following circumstances: gender identity, sexual expression, local affiliation.The Committee asks the Government to continue to provide statistics and information on inspections and cases of violations under the discrimination provisions of the Employment Relationships Act of 2013, as well as the Protection Against Discrimination Act of 2016, including any relevant court decision. The Committee also requests the Government to identify the manner in which coordination between the labour inspectorate and the Advocate for the Principle of Equality is accomplished.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Protection of workers against discrimination. Legislation. The Committee notes with interest the adoption of the Protection against Discrimination Act which came into force on 24 May 2016 and which replaced the Implementation of the Principle of Equal Treatment Act of 2004. It notes that the Act strengthens protection against direct and indirect discrimination and harassment and sexual harassment, irrespective of sex, nationality, race or ethnic origin, language, religion or belief, disability, age, sexual orientation, sexual identity or sexual expression, social status, property status, education, or any other personal circumstance in various fields of social life including employment and occupation. The Committee notes that the Act does not explicitly refer to political opinion in the list of grounds covered. The Government reports that the Act’s non-exclusive list of grounds which includes “any other personal circumstance”, and the protection against employment discrimination provision on the ground of “belief” in the Employment Relationship Act of 2013, along with article 14 of the Constitution, which guarantees everyone equal human rights and fundamental freedoms irrespective of political or other conviction, among other grounds, provides protection against “inadmissible” unfavourable treatment on the basis of political conviction. The Committee further notes that the new Act established the new Advocate of the Principle of Equality as an independent body with enforcement powers. In the field of employment, the Committee notes that this Act overlaps and reinforces the existing non-discrimination provisions in the Employment Relationship Act of 2013, as amended.The Committee asks the Government to provide information on the measures adopted to promote and apply the Discrimination Act of 2016 as well as the non-discrimination provisions in the Employment Relationship Act of 2013, as amended, with respect to employment and occupation in the public and private sectors, including any steps taken to raise awareness among employers and workers. The Government is also asked to provide detailed information on the implementation of the protection against discrimination on the ground of political opinion. The Government is asked to provide information on the functioning of the office of the Advocate of the Principle of Equality and on any steps taken by the Advocate’s Office to enforce the Discrimination Act in employment and occupation, including the number of cases dealt with and the ground of discrimination concerned, disaggregated by sex.

Article 1(1)(a). Discrimination on the ground of national extraction. The Committee recalls its previous concerns regarding non-Slovenes from the former Socialist Federal Republic of Yugoslavia, namely “erased people” and the difficulties they face in terms of access to social and economic rights, including access to education and employment, because of the loss of their citizenship and by extension their right to remain in the country. The Committee recalls that, on 26 February 1992, 1 per cent of the population of Slovenia (25,671 people) was removed overnight from its registry of permanent residents, following the declaration of independence of Slovenia. “Erased people” are mostly of non-Slovene or mixed ethnicity, and they include a significant number of members of Roma communities. The Committee notes that the Act Regulating the Legal Status of Citizens of the Former Yugoslavia Living in the Republic of Slovenia, 1999, as amended in 2010, expired on 24 July 2017. It notes from the report of the Government that, between 1999 and 31 December 2013, 12,373 permanent residence permits were issued under this Act; and from 1 January 2011 to 31 August 2017, 316 additional residence permits were issued. It further notes that, following the judgment of the European Court of Human Rights in Kuric et al v. Slovenia, the Committee of Ministers decided in May 2016 that the Act Regulating Compensation for Damage to Persons Erased from the Permanent Population Register, 2013, satisfied the judgment of the European Court of Human Rights and, thus, concluded the case. The Committee notes that this Act has begun to be implemented. However, it notes that the United Nations Special Rapporteur on minority issues, in its report following its visit to Slovenia (5-13 April 2018) highlighted that the situation of “erased people” (who for the most part are members of various ethnic, religious or linguistic communities of the former Socialist Federal Republic of Yugoslavia) – is still unsettled, as compensation is still being fought over – despite the judgements made by the European Court of Human Rights and a decision by the Constitutional Court in April 2018 ruling against the limitations for those who filed claims for damages in judicial processes on the amount of compensation awarded. The Committee notes also that the UN High Commissioner for Human Rights and the Commissioner for Human Rights of the Council of Europe, among others, have expressed their concern at this matter (A/HRC/40/64/Add.1, 8 January 2019, paragraphs 52–55).In light of the Constitutional Court ruling, the Committee urges the Government to take steps to provide a fair compensation scheme to “erased people” still awaiting to be compensated, to take into account losses such as property or employment and to continue to provide information on the steps taken and the results achieved.

Article 2. Equality of opportunity and treatment. Roma. The Committee recalls that for a number of years it has highlighted that one of the main reasons for the high unemployment rate among Roma people is their education level. Hence, its previous request to the Government to pursue its efforts to promote equal access for Roma to education and training, and to provide information on: (i) the measures implemented to promote access to employment and to particular occupations of Roma men and women, including a description of the community work programmes, and their concrete results; (ii) the reasons for focusing primarily on community work in the context of employment programmes; and (iii) the measures taken to prevent and address discrimination, stereotypes and prejudice against the Roma community. The Committee recalls that, under Article 1(3) of the Convention, “employment and occupation” explicitly includes “access to vocational training”. Moreover, in paragraph 750 of its General Survey of 2012 on the fundamental Conventions, the Committee highlights that access to education and to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market [as] it is a key factor in determining the actual possibilities of gaining access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion. The Committee adds that not only do apprenticeships and technical education need to be addressed, but also general education, “on the job training” and the actual process of training.

The Committee notes the very detailed information provided by the Government on the labour market situation of the Roma people and the range of measures adopted to improve their situation in education and employment. The Government states that it places great importance on measures (systemic, specific, and project-based) for the effective integration of Roma children in education. The Committee notes that from 2015 to 2017 there has been a slight decrease in unemployment and a slight increase in the employment of Roma men and women, with men having higher employment rates than women. It notes that Roma people continue to be a target group of the Active Employment Policy and that over 2,400 Roma participate, annually, in programmes including formal and informal education, training, career counselling, job-seeking assistance and public works projects. The Committee further notes the adoption of the National Programme of Measures for the Roma for the 2017–21 period, which includes raising educational levels, reducing unemployment, elimination of prejudice, stereotypes and discrimination, preserving Roma culture, language and identity, among its objectives. The Committee notes that the Commissioner for Human Rights of the Council of Europe, in its 2017 report, recognized that Slovenia has a solid legislative and policy framework for promoting Roma rights and welcomed the recent adoption of a revised National Programme of Measures for Roma 2017–21, which includes a plan for strengthening the pre-school education of Roma children; the tutoring system for Roma pupils; Slovenian language learning; the inclusion of Roma in the apprenticeship system; and the training of education professionals who work with Roma children. The Commissioner however observed that, if officially segregation (schooling in separate classes) is no longer present, de facto the situation is still not satisfactory, for example: (i) Roma children continue to be underrepresented in pre-schools and overrepresented in special needs schools, with about 12.2 per cent of Roma children being directed to such schools in the school year 2017–18 in comparison with 6.18 per cent of other children; (ii) in kindergartens they can be placed together with other children in mixed kindergarten classes or in “special classes” (which is possible only in the regions with large Roma populations); (iii) there is still a high level of absenteeism from school and drop-out rates in some regions; and (iv) a very low number of Roma children who reach secondary and tertiary education in the country (over 60 per cent of Roma have not completed elementary school). The Commissioner noted that teachers, Roma children and parents generally acknowledge that many of the difficulties Roma children encounter in primary schools are due to language barriers as many Roma children have no or limited command of the language spoken by the majority population. He also identified the following additional reasons for this as: insufficient value placed on education by families; poor housing conditions that do not allow families to make school a priority; early marriages and pregnancies; and criminality among teenage boys. The Committee notes further that, in its 2019 Country Report on Non-Discrimination in Slovenia, the Network of legal experts in gender equality and non-discrimination of the European Commission, observed that “In Slovenia, there are specific trends and patterns (whether legal or societal) in education regarding Roma pupils, such as segregation.” In addition, the Committee notes that, the United Nations Special Rapporteur on Minority issues commended Slovenia for the considerable efforts it has made in recent years to improve the situation of Roma and the protection of their human rights, including in key areas such as education and employment. The Special Rapporteur noted that Slovenia does not officially collect disaggregated data on ethnicity, language or religion, and for this reason, no one has a clear idea of the actual size of the country’s most vulnerable and marginalized minorities; and that no disaggregated population data have been collected since 2002. The Special Rapporteur however observed that the Roma (and the Sinti) continue to be the most marginalized and vulnerable minorities and recommended inter alia temporary affirmative action programmes in employment and increased awareness-raising campaigns to provide a more rounded view of members of the Roma community (A/HRC/40/64/Add.1, 8 January 2019, paragraphs 20, 29, 33, 62). While welcoming the various initiatives taken by the Government to promote non-discrimination, education and employment of Roma, women and men, the Committee wishes to stress that the unemployment rate for Roma people continues to be high and that improving access to education is key to combat marginalisation and poverty experienced by the Roma people.The Committee asks the Government to pursue its efforts to promote equal access for Roma people to education (in particular through a better access to pre-school education and the employment of suitably trained Roma teaching assistants), training and employment programmes. At the same time, the Committee asks the Government to increase its efforts to address discrimination and prejudice against the Roma community and to take steps to encourage Roma women and men to participate in programmes which will lead to their employment. Observing that there remains a fundamental gap between adopted policies and programmes on the one hand and reality as experienced by members of the Roma minority on the other hand, the Committee asks the Government to continue to provide detailed information on the results of the various initiatives taken to promote non-discrimination in education and employment of Roma women and men. Finally, recalling that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments, the Committee asks the Government to take steps to collect and analyse relevant data, including comparable statistics to enable an accurate assessment of changes over time while being sensitive to and respecting privacy.

General observation of 2018. With regard to the above issues and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the strengthening of legislative protection against harassment and sexual harassment in the Protection Against Discrimination Act of 24 May 2016. The Committee notes the Government’s indication that labour inspectors found a significant number of violations of Section 47 of the Employment Relationships Act (No. 21/13 of 13 March 2013), as amended, concerning the failure of employers to adopt measures to protect workers against sexual or other harassment or bullying in the workplace. The Committee therefore welcomes that an objective of the resolution on the National Programme for Equal Opportunities for Women and Men 2015–20 is the better provision of information and the implementation of the provisions prohibiting sexual and other harassment and bullying in the workplace. The Committee asks the Government to continue to provide information on the steps taken to provide training, information, and guidance to employers, as well as to workers, and the concrete steps taken by employers to prevent and protect against work related harassment.

Articles 2 and 3. Equality of opportunity and treatment for men and women. With reference to its previous comment concerning gender segregation in the labour market and measures taken to promote women’s access to a wider range of jobs and educational and vocational opportunities, the Committee notes the Government’s indication in its report that emphasis has been placed on: promoting the balanced representation of men and women in decision-making positions, including undertaking several surveys; launching a media campaign addressing gender stereotypes and promoting the equal division of care and housework between men and women; and the setting up of a special working group to draw up a draft Act on balanced representation of men and women in decision-making positions. The Committee also notes the adoption of various programmes and plans and the cooperation of numerous ministries to promote equal opportunities between men and women. It notes the adoption of the resolution on the National Programme for Equal Opportunities for Women and Men 2015–20 and the Periodic Plan for its enforcement in 2016 and 2017. In particular, it notes the following Programme objectives for the labour market and employment: to increase the employment rate of women, in particular vulnerable groups of women; to increase the share of women and men in occupations and sectors in which they are under-represented; to better inform men and women about their rights; and, to supervise the implementation of provisions prohibiting discrimination in hiring and in the workplace. The Committee further notes the Partnership Agreement adopted between the Government of Slovenia and the European Commission for the period 2014–20, and the Guidelines of the Managing Authority for the Implementation of the European Union (EU) Cohesion Policy 2014–20, which emphasize the promotion of equality between men and women, non discrimination and accessibility. The Committee asks the Government to provide information, including statistics, on the implementation and impact of the National Programme for Equal Opportunities for Women and Men 2015–20 and the Partnership Agreement with the European Commission 2014–20 with regard to increasing the employment rate of women overall and the employment of men and women in occupations and sectors in which they are underrepresented. It further requests the Government to provide information on the results of the various steps taken and measures adopted to increase women in decision-making positions.

Equality of opportunity and treatment of workers with disabilities. The Committee notes the detailed information provided by the Government on measures adopted to promote training, rehabilitation and access to employment services for persons with disabilities. It notes the Government’s assessment that the quota system of employment of persons with disabilities contributed to the preservation and promotion of their employment in the period of negative economic growth as well as in the period of economic recovery. It also notes that the highest number of discrimination complaints in 2016 were based on the ground of disability. The Committee further notes that the Partnership Agreement adopted between the Government of Slovenia and the European Commission for the period 2014–20, and the Guidelines of the Managing Authority for the Implementation of the EU Cohesion Policy 2014–20, contain measures to promote inclusion of disabled persons and to provide accessibility for disabled persons into programmes and projects implemented within those frameworks. In this regard, the Committee notes that, in its concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) welcomed the progress achieved by Slovenia in implementing the Convention. It noted, in particular, the adoption of the Personal Assistance Act, in 2017; the Action Programme for Persons with Disabilities (2014–21); and the Equalization of Opportunities for Persons with Disabilities Act, in 2012. However, it also expressed concerns, inter alia, about the absence of public policies and measures focusing on and prioritizing equality and the protection of persons with disabilities against all forms of discrimination, including the lack of specific legislation and policies regarding the rights of women and girls with disabilities, as well as insufficient measures to address multiple and intersectional discrimination against persons with disabilities (CRPD/C/SVN/CO/1, 16 April 2018, paragraphs 6 and 8). The Committee asks the Government to provide information, including sex-disaggregated statistics, on the measures adopted to promote the inclusion of disabled persons into employment-related programmes and projects and the results achieved. It also asks the Government to disseminate information among persons with disabilities about existing remedies in cases of discrimination, both in the public and private sectors.

Enforcement. The Committee notes the information provided by the Government concerning the labour inspectorate’s findings and the work of the new Advocate for the Equality Principle. It notes that the total number of initiatives and reported cases in 2016 was 68 and that the most commonly alleged discrimination grounds are “disability” (17 cases, or 25 per cent); followed by “gender” (eight cases, or 11.76 per cent) and “age” and “financial situation” (five cases of each, or 7.35 per cent). In 2016 there were no instances of alleged discrimination based on the following circumstances: gender identity, sexual expression, local affiliation. The Committee asks the Government to continue to provide statistics and information on inspections and cases of violations under the discrimination provisions of the Employment Relationships Act of 2013, as well as the Protection Against Discrimination Act of 2016, including any relevant court decision. The Committee also requests the Government to identify the manner in which coordination between the labour inspectorate and the Advocate for the Principle of Equality is accomplished.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Protection of workers against discrimination. Legislation. The Committee notes with interest the adoption of the Protection against Discrimination Act which came into force on 24 May 2016 and which replaced the Implementation of the Principle of Equal Treatment Act of 2004. It notes that the Act strengthens protection against direct and indirect discrimination and harassment and sexual harassment, irrespective of sex, nationality, race or ethnic origin, language, religion or belief, disability, age, sexual orientation, sexual identity or sexual expression, social status, property status, education, or any other personal circumstance in various fields of social life including employment and occupation. The Committee notes that the Act does not explicitly refer to political opinion in the list of grounds covered. The Government reports that the Act’s non-exclusive list of grounds which includes “any other personal circumstance”, and the protection against employment discrimination provision on the ground of “belief” in the Employment Relationship Act of 2013, along with article 14 of the Constitution, which guarantees everyone equal human rights and fundamental freedoms irrespective of political or other conviction, among other grounds, provides protection against “inadmissible” unfavourable treatment on the basis of political conviction. The Committee further notes that the new Act established the new Advocate of the Principle of Equality as an independent body with enforcement powers. In the field of employment, the Committee notes that this Act overlaps and reinforces the existing non discrimination provisions in the Employment Relationship Act of 2013, as amended. The Committee asks the Government to provide information on the measures adopted to promote and apply the Discrimination Act of 2016 as well as the non-discrimination provisions in the Employment Relationship Act of 2013, as amended, with respect to employment and occupation in the public and private sectors, including any steps taken to raise awareness among employers and workers. The Government is also asked to provide detailed information on the implementation of the protection against discrimination on the ground of political opinion. The Government is asked to provide information on the functioning of the office of the Advocate of the Principle of Equality and on any steps taken by the Advocate’s Office to enforce the Discrimination Act in employment and occupation, including the number of cases dealt with and the ground of discrimination concerned, disaggregated by sex.

Article 1(1)(a). Discrimination on the ground of national extraction. The Committee recalls its previous concerns regarding non-Slovenes from the former Socialist Federal Republic of Yugoslavia, namely “erased people” and the difficulties they face in terms of access to social and economic rights, including access to education and employment, because of the loss of their citizenship and by extension their right to remain in the country. The Committee recalls that, on 26 February 1992, 1 per cent of the population of Slovenia (25,671 people) was removed overnight from its registry of permanent residents, following the declaration of independence of Slovenia. “Erased people” are mostly of non-Slovene or mixed ethnicity, and they include a significant number of members of Roma communities. The Committee notes that the Act Regulating the Legal Status of Citizens of the Former Yugoslavia Living in the Republic of Slovenia, 1999, as amended in 2010, expired on 24 July 2017. It notes from the report of the Government that, between 1999 and 31 December 2013, 12,373 permanent residence permits were issued under this Act; and from 1 January 2011 to 31 August 2017, 316 additional residence permits were issued. It further notes that, following the judgment of the European Court of Human Rights in Kuric et al v. Slovenia, the Committee of Ministers decided in May 2016 that the Act Regulating Compensation for Damage to Persons Erased from the Permanent Population Register, 2013, satisfied the judgment of the European Court of Human Rights and, thus, concluded the case. The Committee notes that this Act has begun to be implemented. However, it notes that the United Nations Special Rapporteur on minority issues, in its report following its visit to Slovenia (5-13 April 2018) highlighted that the situation of “erased people” (who for the most part are members of various ethnic, religious or linguistic communities of the former Socialist Federal Republic of Yugoslavia) – is still unsettled, as compensation is still being fought over – despite the judgements made by the European Court of Human Rights and a decision by the Constitutional Court in April 2018 ruling against the limitations for those who filed claims for damages in judicial processes on the amount of compensation awarded. The Committee notes also that the UN High Commissioner for Human Rights and the Commissioner for Human Rights of the Council of Europe, among others, have expressed their concern at this matter (A/HRC/40/64/Add.1, 8 January 2019, paragraphs 52–55). In light of the Constitutional Court ruling, the Committee urges the Government to take steps to provide a fair compensation scheme to “erased people” still awaiting to be compensated, to take into account losses such as property or employment and to continue to provide information on the steps taken and the results achieved.

Article 2. Equality of opportunity and treatment. Roma. The Committee recalls that for a number of years it has highlighted that one of the main reasons for the high unemployment rate among Roma people is their education level. Hence, its previous request to the Government to pursue its efforts to promote equal access for Roma to education and training, and to provide information on: (i) the measures implemented to promote access to employment and to particular occupations of Roma men and women, including a description of the community work programmes, and their concrete results; (ii) the reasons for focusing primarily on community work in the context of employment programmes; and (iii) the measures taken to prevent and address discrimination, stereotypes and prejudice against the Roma community. The Committee recalls that, under Article 1(3) of the Convention, “employment and occupation” explicitly includes “access to vocational training”. Moreover, in paragraph 750 of its General Survey of 2012 on the fundamental Conventions, the Committee highlights that access to education and to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market [as] it is a key factor in determining the actual possibilities of gaining access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion. The Committee adds that not only do apprenticeships and technical education need to be addressed, but also general education, “on the job training” and the actual process of training.

The Committee notes the very detailed information provided by the Government on the labour market situation of the Roma people and the range of measures adopted to improve their situation in education and employment. The Government states that it places great importance on measures (systemic, specific, and project-based) for the effective integration of Roma children in education. The Committee notes that from 2015 to 2017 there has been a slight decrease in unemployment and a slight increase in the employment of Roma men and women, with men having higher employment rates than women. It notes that Roma people continue to be a target group of the Active Employment Policy and that over 2,400 Roma participate, annually, in programmes including formal and informal education, training, career counselling, job-seeking assistance and public works projects. The Committee further notes the adoption of the National Programme of Measures for the Roma for the 2017–21 period, which includes raising educational levels, reducing unemployment, elimination of prejudice, stereotypes and discrimination, preserving Roma culture, language and identity, among its objectives. The Committee notes that the Commissioner for Human Rights of the Council of Europe, in its 2017 report, recognized that Slovenia has a solid legislative and policy framework for promoting Roma rights and welcomed the recent adoption of a revised National Programme of Measures for Roma 2017–21, which includes a plan for strengthening the pre-school education of Roma children; the tutoring system for Roma pupils; Slovenian language learning; the inclusion of Roma in the apprenticeship system; and the training of education professionals who work with Roma children. The Commissioner however observed that, if officially segregation (schooling in separate classes) is no longer present, de facto the situation is still not satisfactory, for example: (i) Roma children continue to be underrepresented in pre-schools and overrepresented in special needs schools, with about 12.2 per cent of Roma children being directed to such schools in the school year 2017–18 in comparison with 6.18 per cent of other children; (ii) in kindergartens they can be placed together with other children in mixed kindergarten classes or in “special classes” (which is possible only in the regions with large Roma populations); (iii) there is still a high level of absenteeism from school and drop-out rates in some regions; and (iv) a very low number of Roma children who reach secondary and tertiary education in the country (over 60 per cent of Roma have not completed elementary school). The Commissioner noted that teachers, Roma children and parents generally acknowledge that many of the difficulties Roma children encounter in primary schools are due to language barriers as many Roma children have no or limited command of the language spoken by the majority population. He also identified the following additional reasons for this as: insufficient value placed on education by families; poor housing conditions that do not allow families to make school a priority; early marriages and pregnancies; and criminality among teenage boys. The Committee notes further that, in its 2019 Country Report on Non-Discrimination in Slovenia, the Network of legal experts in gender equality and non-discrimination of the European Commission, observed that “In Slovenia, there are specific trends and patterns (whether legal or societal) in education regarding Roma pupils, such as segregation.” In addition, the Committee notes that, the United Nations Special Rapporteur on Minority issues commended Slovenia for the considerable efforts it has made in recent years to improve the situation of Roma and the protection of their human rights, including in key areas such as education and employment. The Special Rapporteur noted that Slovenia does not officially collect disaggregated data on ethnicity, language or religion, and for this reason, no one has a clear idea of the actual size of the country’s most vulnerable and marginalized minorities; and that no disaggregated population data have been collected since 2002. The Special Rapporteur however observed that the Roma (and the Sinti) continue to be the most marginalized and vulnerable minorities and recommended inter alia temporary affirmative action programmes in employment and increased awareness-raising campaigns to provide a more rounded view of members of the Roma community (A/HRC/40/64/Add.1, 8 January 2019, paragraphs 20, 29, 33, 62). While welcoming the various initiatives taken by the Government to promote non-discrimination, education and employment of Roma, women and men, the Committee wishes to stress that the unemployment rate for Roma people continues to be high and that improving access to education is key to combat marginalisation and poverty experienced by the Roma people. The Committee asks the Government to pursue its efforts to promote equal access for Roma people to education (in particular through a better access to pre-school education and the employment of suitably trained Roma teaching assistants), training and employment programmes. At the same time, the Committee asks the Government to increase its efforts to address discrimination and prejudice against the Roma community and to take steps to encourage Roma women and men to participate in programmes which will lead to their employment. Observing that there remains a fundamental gap between adopted policies and programmes on the one hand and reality as experienced by members of the Roma minority on the other hand, the Committee asks the Government to continue to provide detailed information on the results of the various initiatives taken to promote non-discrimination in education and employment of Roma women and men. Finally, recalling that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments, the Committee asks the Government to take steps to collect and analyse relevant data, including comparable statistics to enable an accurate assessment of changes over time while being sensitive to and respecting privacy.

General observation of 2018. With regard to the above issues and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the strengthening of legislative protection against harassment and sexual harassment in the Protection Against Discrimination Act of 24 May 2016. The Committee notes the Government’s indication that labour inspectors found a significant number of violations of Section 47 of the Employment Relationships Act (No. 21/13 of 13 March 2013), as amended, concerning the failure of employers to adopt measures to protect workers against sexual or other harassment or bullying in the workplace. The Committee therefore welcomes that an objective of the resolution on the National Programme for Equal Opportunities for Women and Men 2015–20 is the better provision of information and the implementation of the provisions prohibiting sexual and other harassment and bullying in the workplace. The Committee asks the Government to continue to provide information on the steps taken to provide training, information, and guidance to employers, as well as to workers, and the concrete steps taken by employers to prevent and protect against work related harassment.

Articles 2 and 3. Equality of opportunity and treatment for men and women. With reference to its previous comment concerning gender segregation in the labour market and measures taken to promote women’s access to a wider range of jobs and educational and vocational opportunities, the Committee notes the Government’s indication in its report that emphasis has been placed on: promoting the balanced representation of men and women in decision-making positions, including undertaking several surveys; launching a media campaign addressing gender stereotypes and promoting the equal division of care and housework between men and women; and the setting up of a special working group to draw up a draft Act on balanced representation of men and women in decision-making positions. The Committee also notes the adoption of various programmes and plans and the cooperation of numerous ministries to promote equal opportunities between men and women. It notes the adoption of the resolution on the National Programme for Equal Opportunities for Women and Men 2015–20 and the Periodic Plan for its enforcement in 2016 and 2017. In particular, it notes the following Programme objectives for the labour market and employment: to increase the employment rate of women, in particular vulnerable groups of women; to increase the share of women and men in occupations and sectors in which they are under-represented; to better inform men and women about their rights; and, to supervise the implementation of provisions prohibiting discrimination in hiring and in the workplace. The Committee further notes the Partnership Agreement adopted between the Government of Slovenia and the European Commission for the period 2014–20, and the Guidelines of the Managing Authority for the Implementation of the European Union (EU) Cohesion Policy 2014–20, which emphasize the promotion of equality between men and women, non discrimination and accessibility. The Committee asks the Government to provide information, including statistics, on the implementation and impact of the National Programme for Equal Opportunities for Women and Men 2015–20 and the Partnership Agreement with the European Commission 2014–20 with regard to increasing the employment rate of women overall and the employment of men and women in occupations and sectors in which they are underrepresented. It further requests the Government to provide information on the results of the various steps taken and measures adopted to increase women in decision-making positions.

Equality of opportunity and treatment of workers with disabilities. The Committee notes the detailed information provided by the Government on measures adopted to promote training, rehabilitation and access to employment services for persons with disabilities. It notes the Government’s assessment that the quota system of employment of persons with disabilities contributed to the preservation and promotion of their employment in the period of negative economic growth as well as in the period of economic recovery. It also notes that the highest number of discrimination complaints in 2016 were based on the ground of disability. The Committee further notes that the Partnership Agreement adopted between the Government of Slovenia and the European Commission for the period 2014–20, and the Guidelines of the Managing Authority for the Implementation of the EU Cohesion Policy 2014–20, contain measures to promote inclusion of disabled persons and to provide accessibility for disabled persons into programmes and projects implemented within those frameworks. In this regard, the Committee notes that, in its concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) welcomed the progress achieved by Slovenia in implementing the Convention. It noted, in particular, the adoption of the Personal Assistance Act, in 2017; the Action Programme for Persons with Disabilities (2014–21); and the Equalization of Opportunities for Persons with Disabilities Act, in 2012. However, it also expressed concerns, inter alia, about the absence of public policies and measures focusing on and prioritizing equality and the protection of persons with disabilities against all forms of discrimination, including the lack of specific legislation and policies regarding the rights of women and girls with disabilities, as well as insufficient measures to address multiple and intersectional discrimination against persons with disabilities (CRPD/C/SVN/CO/1, 16 April 2018, paragraphs 6 and 8). The Committee asks the Government to provide information, including sex-disaggregated statistics, on the measures adopted to promote the inclusion of disabled persons into employment-related programmes and projects and the results achieved. It also asks the Government to disseminate information among persons with disabilities about existing remedies in cases of discrimination, both in the public and private sectors.

Enforcement. The Committee notes the information provided by the Government concerning the labour inspectorate’s findings and the work of the new Advocate for the Equality Principle. It notes that the total number of initiatives and reported cases in 2016 was 68 and that the most commonly alleged discrimination grounds are “disability” (17 cases, or 25 per cent); followed by “gender” (eight cases, or 11.76 per cent) and “age” and “financial situation” (five cases of each, or 7.35 per cent). In 2016 there were no instances of alleged discrimination based on the following circumstances: gender identity, sexual expression, local affiliation. The Committee asks the Government to continue to provide statistics and information on inspections and cases of violations under the discrimination provisions of the Employment Relationships Act of 2013, as well as the Protection Against Discrimination Act of 2016, including any relevant court decision. The Committee also requests the Government to identify the manner in which coordination between the labour inspectorate and the Advocate for the Principle of Equality is accomplished.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Protection of workers against discrimination. Legislation. The Committee notes with interest the adoption of the Protection against Discrimination Act which came into force on 24 May 2016 and which replaced the Implementation of the Principle of Equal Treatment Act of 2004. It notes that the Act strengthens protection against direct and indirect discrimination and harassment and sexual harassment, irrespective of sex, nationality, race or ethnic origin, language, religion or belief, disability, age, sexual orientation, sexual identity or sexual expression, social status, property status, education, or any other personal circumstance in various fields of social life including employment and occupation. The Committee notes that the Act does not explicitly refer to political opinion in the list of grounds covered. The Government reports that the Act’s non-exclusive list of grounds which includes “any other personal circumstance”, and the protection against employment discrimination provision on the ground of “belief” in the Employment Relationship Act of 2013, along with article 14 of the Constitution, which guarantees everyone equal human rights and fundamental freedoms irrespective of political or other conviction, among other grounds, provides protection against “inadmissible” unfavourable treatment on the basis of political conviction. The Committee further notes that the new Act established the new Advocate of the Principle of Equality as an independent body with enforcement powers. In the field of employment, the Committee notes that this Act overlaps and reinforces the existing non discrimination provisions in the Employment Relationship Act of 2013, as amended. The Committee asks the Government to provide information on the measures adopted to promote and apply the Discrimination Act of 2016 as well as the non-discrimination provisions in the Employment Relationship Act of 2013, as amended, with respect to employment and occupation in the public and private sectors, including any steps taken to raise awareness among employers and workers. The Government is also asked to provide detailed information on the implementation of the protection against discrimination on the ground of political opinion. The Government is asked to provide information on the functioning of the office of the Advocate of the Principle of Equality and on any steps taken by the Advocate’s Office to enforce the Discrimination Act in employment and occupation, including the number of cases dealt with and the ground of discrimination concerned, disaggregated by sex.

Article 1(1)(a). Discrimination on the ground of national extraction. The Committee recalls its previous concerns regarding non-Slovenes from the former Socialist Federal Republic of Yugoslavia, namely “erased people” and the difficulties they face in terms of access to social and economic rights, including access to education and employment, because of the loss of their citizenship and by extension their right to remain in the country. The Committee recalls that, on 26 February 1992, 1 per cent of the population of Slovenia (25,671 people) was removed overnight from its registry of permanent residents, following the declaration of independence of Slovenia. “Erased people” are mostly of non-Slovene or mixed ethnicity, and they include a significant number of members of Roma communities. The Committee notes that the Act Regulating the Legal Status of Citizens of the Former Yugoslavia Living in the Republic of Slovenia, 1999, as amended in 2010, expired on 24 July 2017. It notes from the report of the Government that, between 1999 and 31 December 2013, 12,373 permanent residence permits were issued under this Act; and from 1 January 2011 to 31 August 2017, 316 additional residence permits were issued. It further notes that, following the judgment of the European Court of Human Rights in Kuric et al v. Slovenia, the Committee of Ministers decided in May 2016 that the Act Regulating Compensation for Damage to Persons Erased from the Permanent Population Register, 2013, satisfied the judgment of the European Court of Human Rights and, thus, concluded the case. The Committee notes that this Act has begun to be implemented. However, it notes that the United Nations Special Rapporteur on minority issues, in its report following its visit to Slovenia (5-13 April 2018) highlighted that the situation of “erased people” (who for the most part are members of various ethnic, religious or linguistic communities of the former Socialist Federal Republic of Yugoslavia) – is still unsettled, as compensation is still being fought over – despite the judgements made by the European Court of Human Rights and a decision by the Constitutional Court in April 2018 ruling against the limitations for those who filed claims for damages in judicial processes on the amount of compensation awarded. The Committee notes also that the UN High Commissioner for Human Rights and the Commissioner for Human Rights of the Council of Europe, among others, have expressed their concern at this matter (A/HRC/40/64/Add.1, 8 January 2019, paragraphs 52–55). In light of the Constitutional Court ruling, the Committee urges the Government to take steps to provide a fair compensation scheme to “erased people” still awaiting to be compensated, to take into account losses such as property or employment and to continue to provide information on the steps taken and the results achieved.

Article 2. Equality of opportunity and treatment. Roma. The Committee recalls that for a number of years it has highlighted that one of the main reasons for the high unemployment rate among Roma people is their education level. Hence, its previous request to the Government to pursue its efforts to promote equal access for Roma to education and training, and to provide information on: (i) the measures implemented to promote access to employment and to particular occupations of Roma men and women, including a description of the community work programmes, and their concrete results; (ii) the reasons for focusing primarily on community work in the context of employment programmes; and (iii) the measures taken to prevent and address discrimination, stereotypes and prejudice against the Roma community. The Committee recalls that, under Article 1(3) of the Convention, “employment and occupation” explicitly includes “access to vocational training”. Moreover, in paragraph 750 of its General Survey of 2012 on the fundamental Conventions, the Committee highlights that access to education and to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market [as] it is a key factor in determining the actual possibilities of gaining access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion. The Committee adds that not only do apprenticeships and technical education need to be addressed, but also general education, “on the job training” and the actual process of training.

The Committee notes the very detailed information provided by the Government on the labour market situation of the Roma people and the range of measures adopted to improve their situation in education and employment. The Government states that it places great importance on measures (systemic, specific, and project-based) for the effective integration of Roma children in education. The Committee notes that from 2015 to 2017 there has been a slight decrease in unemployment and a slight increase in the employment of Roma men and women, with men having higher employment rates than women. It notes that Roma people continue to be a target group of the Active Employment Policy and that over 2,400 Roma participate, annually, in programmes including formal and informal education, training, career counselling, job-seeking assistance and public works projects. The Committee further notes the adoption of the National Programme of Measures for the Roma for the 2017–21 period, which includes raising educational levels, reducing unemployment, elimination of prejudice, stereotypes and discrimination, preserving Roma culture, language and identity, among its objectives. The Committee notes that the Commissioner for Human Rights of the Council of Europe, in its 2017 report, recognized that Slovenia has a solid legislative and policy framework for promoting Roma rights and welcomed the recent adoption of a revised National Programme of Measures for Roma 2017–21, which includes a plan for strengthening the pre-school education of Roma children; the tutoring system for Roma pupils; Slovenian language learning; the inclusion of Roma in the apprenticeship system; and the training of education professionals who work with Roma children. The Commissioner however observed that, if officially segregation (schooling in separate classes) is no longer present, de facto the situation is still not satisfactory, for example: (i) Roma children continue to be underrepresented in pre-schools and overrepresented in special needs schools, with about 12.2 per cent of Roma children being directed to such schools in the school year 2017–18 in comparison with 6.18 per cent of other children; (ii) in kindergartens they can be placed together with other children in mixed kindergarten classes or in “special classes” (which is possible only in the regions with large Roma populations); (iii) there is still a high level of absenteeism from school and drop-out rates in some regions; and (iv) a very low number of Roma children who reach secondary and tertiary education in the country (over 60 per cent of Roma have not completed elementary school). The Commissioner noted that teachers, Roma children and parents generally acknowledge that many of the difficulties Roma children encounter in primary schools are due to language barriers as many Roma children have no or limited command of the language spoken by the majority population. He also identified the following additional reasons for this as: insufficient value placed on education by families; poor housing conditions that do not allow families to make school a priority; early marriages and pregnancies; and criminality among teenage boys. The Committee notes further that, in its 2019 Country Report on Non-Discrimination in Slovenia, the Network of legal experts in gender equality and non-discrimination of the European Commission, observed that “In Slovenia, there are specific trends and patterns (whether legal or societal) in education regarding Roma pupils, such as segregation.” In addition, the Committee notes that, the United Nations Special Rapporteur on Minority issues commended Slovenia for the considerable efforts it has made in recent years to improve the situation of Roma and the protection of their human rights, including in key areas such as education and employment. The Special Rapporteur noted that Slovenia does not officially collect disaggregated data on ethnicity, language or religion, and for this reason, no one has a clear idea of the actual size of the country’s most vulnerable and marginalized minorities; and that no disaggregated population data have been collected since 2002. The Special Rapporteur however observed that the Roma (and the Sinti) continue to be the most marginalized and vulnerable minorities and recommended inter alia temporary affirmative action programmes in employment and increased awareness-raising campaigns to provide a more rounded view of members of the Roma community (A/HRC/40/64/Add.1, 8 January 2019, paragraphs 20, 29, 33, 62). While welcoming the various initiatives taken by the Government to promote non-discrimination, education and employment of Roma, women and men, the Committee wishes to stress that the unemployment rate for Roma people continues to be high and that improving access to education is key to combat marginalisation and poverty experienced by the Roma people. The Committee asks the Government to pursue its efforts to promote equal access for Roma people to education (in particular through a better access to pre-school education and the employment of suitably trained Roma teaching assistants), training and employment programmes. At the same time, the Committee asks the Government to increase its efforts to address discrimination and prejudice against the Roma community and to take steps to encourage Roma women and men to participate in programmes which will lead to their employment. Observing that there remains a fundamental gap between adopted policies and programmes on the one hand and reality as experienced by members of the Roma minority on the other hand, the Committee asks the Government to continue to provide detailed information on the results of the various initiatives taken to promote non-discrimination in education and employment of Roma women and men. Finally, recalling that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments, the Committee asks the Government to take steps to collect and analyse relevant data, including comparable statistics to enable an accurate assessment of changes over time while being sensitive to and respecting privacy.

General observation of 2018. With regard to the above issues and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Articles 1 and 2 of the Convention. Protection of workers against discrimination. Legislation. The Committee notes the adoption of the Employment Relationship Act No. 21/13 of 5 March 2013, replacing the Employment Relationship Act No. 103/07. The Act supplements provisions regarding the liability of the employer in case of discrimination with respect to moral damage (section 8) and the protection of parents against termination in employment by prohibiting the employer to undertake any action to start the termination procedure during the protected periods (section 115). The Committee notes that the same grounds of discrimination are covered in the new act and recalls that in a previous report, the Government indicated that “belief” also, but not only, covered political belief. In this respect, the Committee notes from the Government’s report that no violations on the ground of political belief were established by the labour inspectorate between 2010 and 2014. The Committee requests the Government to provide information on the application of Act No. 21/13, including any relevant administrative and judicial decisions, with respect to the protection of workers against discrimination on the basis of all the grounds enumerated by the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) and any additional grounds prohibited by the law. Please provide information on any interpretation of the ground of “belief” under Act No. 21/13 given by the courts.

Sexual harassment. The Committee notes that, pursuant to section 47(2) of Act No. 21/13, the employer must now inform workers of the measures taken pursuant to section 47(1) to protect them from sexual and other harassment or from mobbing in the workplace. Section 218(4) provides for penalties in case of non-compliance with this obligation. The Committee notes from the Government’s report that regular monitoring of section 47(1) and (2) of the Act is ensured by labour inspectors, who detected 27 violations of section 47(2) and 96 violations of section 47(1) in 2013. Regarding the public sector, the Government indicates that at the beginning of 2014, over 500 people had taken part in the training of advisors to offer help and advice to victims of sexual harassment under the Decree on Measures for Protecting the Worker’s Dignity at Work in State Administration No. 36/09. The Committee requests the Government to provide information on the concrete measures taken by employers to prevent sexual harassment and protect workers against this practice, both in the private and the public sector, and to continue to provide information on cases of sexual harassment dealt with by labour inspectors and the courts.

Discrimination based on national extraction. The Committee recalls the concerns expressed in 2010 by the United Nations Committee on the Elimination of Racial Discrimination (CERD) regarding non-Slovenes from the former Socialist Federal Republic of Yugoslavia (namely the “erased” people) facing difficulties in terms of access to social and economic rights, including access to education and employment because of their lack of legal status. The Committee notes from the Government’s report that the Act Regulating the Legal Status of Citizens of Former Yugoslavia Living in the Republic of Slovenia, as amended in 2010, grants prospective and retroactive residence permits to persons submitting applications and fulfilling the legal requirements in accordance with the Constitutional Court Decision No. U-I-246/02-28 of 3 April 2003. The Committee notes from the report of the European Commission against Racism and Intolerance (ECRI) that the Act has been criticized for setting requirements that are excessively hard to meet. The ECRI further indicates that from the date of its entry into force until April 2013, only 368 applications for permanent residence were lodged, of which 101 resulted in permanent residence permits – estimates regarding the number of remaining “erased” persons are around 13,000 – (CRI(2014)39, 16 September 2014, paragraph 120–132). The Committee also notes the adoption on 21 November 2013 of the Act regulating Compensation for Damage to Persons Erased from the Permanent Population Register which regulates the restitution of damage to persons who were erased from the register of the permanent population, further to the judgment of the European Court for Human Rights in Kuric and others v. Slovenia (Application No. 26828/06, 26 June 2012). The Committee notes the information provided by the Government with respect to access to education and understands that persons holding a permanent or temporary resident status should have equal access to education with Slovenian citizens if they or their providers are employed in Slovenia (and therefore are tax payers). The Committee requests the Government to provide information on the number of persons who have benefitted from the provisions of the Act Regulating the Legal Status of Citizens of Former Yugoslavia Living in the Republic of Slovenia and their situation with respect to access to education and training, employment and occupation. The Government is also requested to provide information on any measures taken or envisaged to address the situation of those persons excluded from the effect of these provisions who continue to face difficulties in accessing education, training or employment.

Equality of opportunity and treatment of men and women. The Committee notes the information provided by the Government regarding the implementation of the Resolution on the National Programme for Equal Opportunities for Women and Men 2005–13, including on programmes promoting self-employment and entrepreneurship of women and the active employment policy programmes attended by women. The Committee also notes the Government’s efforts to better reconcile work and family life, such as the introduction of special forms of part-time work for mothers and fathers with children up to a certain age; the Family Friendly Enterprise Certificate; and the Balancing Power between the Sexes initiative. The Committee also notes that, according to the Eurostat Labour Force Survey (2010), there is a significant gender segregation within the labour market. The Committee requests the Government to continue to provide information on any measures taken or envisaged to promote equal opportunities and treatment between men and women, including measures aimed at reconciling work and family responsibilities and promoting women’s access to a wider range of jobs and educational and vocational opportunities, and their impact on gender segregation in the labour market. Please also provide updated statistical information on the participation of women and men in the labour market, disaggregated by sector and occupation.

Equality of opportunity and treatment of the Roma. The Committee welcomes the measures taken by the Government to include persons from the Roma community in the active employment policy programmes implemented by the Employment Service comprising measures regarding counselling and assistance in jobseeking, education and training, promotion of employment and self-employment, including community work, and social inclusion. The Committee also welcomes the measures taken, within the framework of the Strategy for Education of the Roma in Slovenia amended in 2011, to include more Roma children in education and to introduce and train Roma assistants in schools so as to improve the relations between teachers and children and parents and the school. The Committee notes the project Towards Knowledge Together Implementing the Goals of the Strategy for Education of Roma in the Republic of Slovenia from April 2014 until August 2015 aimed at further developing and upgrading innovative and alternative forms of educational work to integrate Roma children through family literacy and increased cooperation with the non-Roma population. In its 2014 report, the ECRI noted that the problem of separate classes for Roma seems to have been resolved even if there is still a high concentration of Roma children in certain schools due to geographical reasons (ECRI (2014)39, paragraph 101). Recalling that one of the main reasons of the high unemployment rate among Roma is their very low education level, the Committee requests the Government to pursue its efforts to promote equal access of Roma to education and training and to continue to provide information on the results of the various initiatives taken in this respect. The Committee also requests the Government to continue to provide information on the measures implemented to promote access to employment and to particular occupations of Roma men and women, including a description of the community work programmes, and their concrete results. Please also indicate the reasons for focusing primarily on community work in the context of employment programmes. The Government is requested to provide information on the measures taken to prevent and address discrimination, stereotypes and prejudices against the Roma community.

Equality of opportunity and treatment of workers with disabilities. The Committee notes the information provided by the Government with respect to the employment of persons with disabilities. It further notes from the Government’s National Report to the Human Rights Council of the United Nations the adoption of the Action Plan for Persons with Disabilities 2014–21 which includes education, work, and employment in its main objectives (A/HRC/WG.6/20/SVN/1, 15 August 2014, paragraph 56). The Committee requests the Government to provide information on the measures taken or envisaged under the Action Plan 2014 and the results thereof, as they relate to providing equal opportunities and addressing discrimination in education, training and employment.

Enforcement. The Committee welcomes the seminars and trainings organized for judges and state prosecutors as well as for labour inspectors regarding gender equality and mainstreaming, structural and institutional discrimination, the influence of prejudice and how to recognize discrimination in the workplace. The Committee notes the detailed information provided by the Government regarding enforcement of non-discrimination legislation by the labour inspectorate and the Advocate of the Principle of Equality. It notes the low number of violations of the prohibition of discrimination in employment detected by the labour inspectors from 2010 to 2013 (around 35) and addressed by the Advocate of the Principle of Equality (around 20). The Committee requests the Government to provide information on the concrete measures taken or envisaged to strengthen monitoring and enforcement of the equal treatment legislation and specific information on the Advocate of the Principle of Equality (status, tasks and powers, resources etc.) as well as summaries of its annual reports as they relate to employment and occupation. The Government is also requested to provide information, on any developments regarding the Advocate for Equal Opportunities whose tasks are currently carried out by the Advocate of the Principle of Equality. Please continue to provide detailed information on the number, nature and outcome of discrimination cases dealt with by the courts and the labour inspectorate, and awareness-raising activities among labour inspectors and judges.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Protection of workers against discrimination. Legislation. The Committee notes the adoption of the Employment Relationship Act No. 21/13 of 5 March 2013, replacing the Employment Relationship Act No. 103/07. The Act supplements provisions regarding the liability of the employer in case of discrimination with respect to moral damage (section 8) and the protection of parents against termination in employment by prohibiting the employer to undertake any action to start the termination procedure during the protected periods (section 115). The Committee notes that the same grounds of discrimination are covered in the new act and recalls that in a previous report, the Government indicated that “belief” also, but not only, covered political belief. In this respect, the Committee notes from the Government’s report that no violations on the ground of political belief were established by the labour inspectorate between 2010 and 2014. The Committee requests the Government to provide information on the application of Act No. 21/13, including any relevant administrative and judicial decisions, with respect to the protection of workers against discrimination on the basis of all the grounds enumerated by the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) and any additional grounds prohibited by the law. Please provide information on any interpretation of the ground of “belief” under Act No. 21/13 given by the courts.

Sexual harassment. The Committee notes that, pursuant to section 47(2) of Act No. 21/13, the employer must now inform workers of the measures taken pursuant to section 47(1) to protect them from sexual and other harassment or from mobbing in the workplace. Section 218(4) provides for penalties in case of non-compliance with this obligation. The Committee notes from the Government’s report that regular monitoring of section 47(1) and (2) of the Act is ensured by labour inspectors, who detected 27 violations of section 47(2) and 96 violations of section 47(1) in 2013. Regarding the public sector, the Government indicates that at the beginning of 2014, over 500 people had taken part in the training of advisors to offer help and advice to victims of sexual harassment under the Decree on Measures for Protecting the Worker’s Dignity at Work in State Administration No. 36/09. The Committee requests the Government to provide information on the concrete measures taken by employers to prevent sexual harassment and protect workers against this practice, both in the private and the public sector, and to continue to provide information on cases of sexual harassment dealt with by labour inspectors and the courts.

Discrimination based on national extraction. The Committee recalls the concerns expressed in 2010 by the United Nations Committee on the Elimination of Racial Discrimination (CERD) regarding non-Slovenes from the former Socialist Federal Republic of Yugoslavia (namely the “erased” people) facing difficulties in terms of access to social and economic rights, including access to education and employment because of their lack of legal status. The Committee notes from the Government’s report that the Act Regulating the Legal Status of Citizens of Former Yugoslavia Living in the Republic of Slovenia, as amended in 2010, grants prospective and retroactive residence permits to persons submitting applications and fulfilling the legal requirements in accordance with the Constitutional Court Decision No. U-I-246/02-28 of 3 April 2003. The Committee notes from the report of the European Commission against Racism and Intolerance (ECRI) that the Act has been criticized for setting requirements that are excessively hard to meet. The ECRI further indicates that from the date of its entry into force until April 2013, only 368 applications for permanent residence were lodged, of which 101 resulted in permanent residence permits – estimates regarding the number of remaining “erased” persons are around 13,000 – (CRI(2014)39, 16 September 2014, paragraph 120–132). The Committee also notes the adoption on 21 November 2013 of the Act regulating Compensation for Damage to Persons Erased from the Permanent Population Register which regulates the restitution of damage to persons who were erased from the register of the permanent population, further to the judgment of the European Court for Human Rights in Kuric and others v. Slovenia (Application No. 26828/06, 26 June 2012). The Committee notes the information provided by the Government with respect to access to education and understands that persons holding a permanent or temporary resident status should have equal access to education with Slovenian citizens if they or their providers are employed in Slovenia (and therefore are tax payers). The Committee requests the Government to provide information on the number of persons who have benefitted from the provisions of the Act Regulating the Legal Status of Citizens of Former Yugoslavia Living in the Republic of Slovenia and their situation with respect to access to education and training, employment and occupation. The Government is also requested to provide information on any measures taken or envisaged to address the situation of those persons excluded from the effect of these provisions who continue to face difficulties in accessing education, training or employment.

Equality of opportunity and treatment of men and women. The Committee notes the information provided by the Government regarding the implementation of the Resolution on the National Programme for Equal Opportunities for Women and Men 2005–13, including on programmes promoting self-employment and entrepreneurship of women and the active employment policy programmes attended by women. The Committee also notes the Government’s efforts to better reconcile work and family life, such as the introduction of special forms of part-time work for mothers and fathers with children up to a certain age; the Family Friendly Enterprise Certificate; and the Balancing Power between the Sexes initiative. The Committee also notes that, according to the Eurostat Labour Force Survey (2010), there is a significant gender segregation within the labour market. The Committee requests the Government to continue to provide information on any measures taken or envisaged to promote equal opportunities and treatment between men and women, including measures aimed at reconciling work and family responsibilities and promoting women’s access to a wider range of jobs and educational and vocational opportunities, and their impact on gender segregation in the labour market. Please also provide updated statistical information on the participation of women and men in the labour market, disaggregated by sector and occupation.

Equality of opportunity and treatment of the Roma. The Committee welcomes the measures taken by the Government to include persons from the Roma community in the active employment policy programmes implemented by the Employment Service comprising measures regarding counselling and assistance in jobseeking, education and training, promotion of employment and self-employment, including community work, and social inclusion. The Committee also welcomes the measures taken, within the framework of the Strategy for Education of the Roma in Slovenia amended in 2011, to include more Roma children in education and to introduce and train Roma assistants in schools so as to improve the relations between teachers and children and parents and the school. The Committee notes the project Towards Knowledge Together Implementing the Goals of the Strategy for Education of Roma in the Republic of Slovenia from April 2014 until August 2015 aimed at further developing and upgrading innovative and alternative forms of educational work to integrate Roma children through family literacy and increased cooperation with the non-Roma population. In its 2014 report, the ECRI noted that the problem of separate classes for Roma seems to have been resolved even if there is still a high concentration of Roma children in certain schools due to geographical reasons (ECRI (2014)39, paragraph 101). Recalling that one of the main reasons of the high unemployment rate among Roma is their very low education level, the Committee requests the Government to pursue its efforts to promote equal access of Roma to education and training and to continue to provide information on the results of the various initiatives taken in this respect. The Committee also requests the Government to continue to provide information on the measures implemented to promote access to employment and to particular occupations of Roma men and women, including a description of the community work programmes, and their concrete results. Please also indicate the reasons for focusing primarily on community work in the context of employment programmes. The Government is requested to provide information on the measures taken to prevent and address discrimination, stereotypes and prejudices against the Roma community.

Equality of opportunity and treatment of workers with disabilities. The Committee notes the information provided by the Government with respect to the employment of persons with disabilities. It further notes from the Government’s National Report to the Human Rights Council of the United Nations the adoption of the Action Plan for Persons with Disabilities 2014–21 which includes education, work, and employment in its main objectives (A/HRC/WG.6/20/SVN/1, 15 August 2014, paragraph 56). The Committee requests the Government to provide information on the measures taken or envisaged under the Action Plan 2014 and the results thereof, as they relate to providing equal opportunities and addressing discrimination in education, training and employment.

Enforcement. The Committee welcomes the seminars and trainings organized for judges and state prosecutors as well as for labour inspectors regarding gender equality and mainstreaming, structural and institutional discrimination, the influence of prejudice and how to recognize discrimination in the workplace. The Committee notes the detailed information provided by the Government regarding enforcement of non-discrimination legislation by the labour inspectorate and the Advocate of the Principle of Equality. It notes the low number of violations of the prohibition of discrimination in employment detected by the labour inspectors from 2010 to 2013 (around 35) and addressed by the Advocate of the Principle of Equality (around 20). The Committee requests the Government to provide information on the concrete measures taken or envisaged to strengthen monitoring and enforcement of the equal treatment legislation and specific information on the Advocate of the Principle of Equality (status, tasks and powers, resources etc.) as well as summaries of its annual reports as they relate to employment and occupation. The Government is also requested to provide information, on any developments regarding the Advocate for Equal Opportunities whose tasks are currently carried out by the Advocate of the Principle of Equality. Please continue to provide detailed information on the number, nature and outcome of discrimination cases dealt with by the courts and the labour inspectorate, and awareness-raising activities among labour inspectors and judges.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Prohibited grounds of discrimination. With regard to the amendment of section 6(1) of the Employment Relationships Act (No. 103/07) to replace the prohibited grounds of “religious, political and other conviction” by “faith or conviction”, the Government indicates in its report that the term “belief” is aimed at covering not only the prohibition of discrimination on the basis of political belief but also discrimination based on any other belief, including philosophical belief. The Committee notes that the Government refers to the Council Directive No. 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, and article 14 of the Constitution which guarantees equal human rights and fundamental freedoms, irrespective of political or any other belief, to indicate that “equal weight and importance” is given to political and any other belief. The Committee notes the Government’s indication that discrimination on the grounds of political belief is still prohibited by section 6(1) of the Employment Relationships Act and sanctioned by section 229 of the Act. The Committee requests the Government to provide information on the practical application of the abovementioned provisions of the Employment Relationships Act, and particularly on any cases of violation detected by or brought to the attention of the labour inspectorate related to discrimination based on political opinion.

Sexual harassment. The Committee notes from the Government’s report that an analysis was conducted in 2009 by the Office for Equal Opportunities for Women concerning the implementation of section 45 of the Employment Relationships Act. The Government indicates that, according to the analysis, some measures have been taken by employers for the prevention of sexual harassment, other harassment and bullying in the workplace, including awareness-raising activities, the adoption of a special internal act, code of conduct and the establishment of an ombudsman or committee on the matter. The Committee further notes that a Decree on Measures for Protecting the Worker’s Dignity at Work in State Administration (No. 36/09) has been adopted in 2009 for the implementation of section 45 of the Employment Relationships Act. According to the Government, the main objective of the regulation is to provide for a working environment in the ministries and government agencies that is free from sexual harassment. In this regard, the Committee notes that the Decree establishes that counsellors should be appointed in order to provide assistance and information to workers who experienced such harassment and that numerous measures have been undertaken to prevent sexual harassment in the workplace. However, the Committee notes the difficulties encountered by the labour inspectors in the investigation of complaints related to the prohibition of sexual harassment, with regard to the proving of the facts, and the fear of reprisals by the employers when a complaint is lodged. The Committee asks the Government to provide information on the concrete measures taken or envisaged to address the difficulties encountered in the investigation of complaints related to sexual harassment, in particular information on the measures to protect workers filing complaints or reporting violations. Please continue to provide information on the measures taken to prevent sexual harassment in the workplace, including the impact of the Decree on Measures for Protecting the Worker’s Dignity at Work in State Administration, and the number of cases dealt with by competent authorities under sections 6(a) and 45 of the Employment Relations Act and section 197 of the Penal Code.

Equality of opportunity and treatment of women and men. The Committee notes the Government’s acknowledgment that the implementation of the measures related to gender equality during the time of economic and financial crisis is one of the main challenges to be addressed. The Committee also notes the adoption in April 2010 of the third Periodic Plan for the Implementation of the National Programme (2010–11), the aim of which is to overcome gender inequality, as well as initiatives carried out by the Government to increase the employment of long term registered unemployed women, including measures to increase their competitiveness through training and educational programmes, together with measures aimed at promoting their entrepreneurship and self-employment. With regard to occupational segregation in the labour market which remains persistent and the over-representation of women in education in some fields such as textiles, teacher training and health care, the Committee refers the Government to its comments concerning the application of the Equal Remuneration Convention, 1951 (No. 100). Finally, the Committee notes from the statistical data provided by the Government (2008 statistics) that the vast majority of workers in part-time employment are women. The Committee asks the Government to continue to provide information regarding the impact of the third Periodic Plan for the Implementation of the National Programme, as well as the Resolution on the National Programme for Equal Opportunities for Women and Men and the Operational Programme for Human Resources Development, noted by the Committee in previous comments, particularly on their impact on improving equality between women and men in employment and occupation, and reducing discrimination. The Committee also asks the Government to indicate the concrete measures taken or envisaged to address the underlying reasons for the over-representation of women in part-time employment, and to provide further information on the improvement of the job situation of persons with family responsibilities. Please continue to provide statistical information on the participation of women in education and in the labour market.

Discrimination based on national extraction. The Committee notes the concerns expressed by the United Nations Committee on the Elimination of Racial Discrimination (CERD) in its concluding observations regarding the situation of the non-Slovenes from the former Socialist Federal Republic of Yugoslavia (namely the “erased” people) facing difficulties in terms of access to social and economic rights, including access to education and employment because of their lack of legal status (CERD/C/SVN/CO/6-7, 27 August 2010, paragraph 13). In this connection, the Committee also notes the judicial decision of the European Court for Human Rights emphasizing the “ … special and complicated situation” concerning the “erased” people (case of Kuric and others v. Slovenia, Application No. 26828/06, 13 July 2010, paragraph 376), and underlining the fact that the consequence of the “erasure” from the register of permanent residents could lead to long-term and continuous discrimination against these people, particularly with regard to their jobs (paragraph 397). The Committee asks the Government to provide information on the measures taken or envisaged to address the situation of the non-Slovenes, in particular with regard to discrimination in employment and occupation.

Equality of opportunity and treatment of the Roma. The Committee notes the information provided by the Government regarding the various measures taken to address the situation of the Roma in education and employment. The Committee particularly notes the adoption of the National Programme of Measures for Roma of the Republic of Slovenia (2010–13), the priority of which is to reduce unemployment of the Roma community, increase their social integration and their access to the labour market; as well as the number of Roma included in special active employment policy programmes. The Committee also notes the Government’s indication that the low educational level of Roma constitutes one of the structural problems of the labour market. In this connection, the Committee notes the concerns expressed by CERD about the persistent segregation of Roma children into “special” educational systems (CERD/C/SVN/CO/6-7, 27 August 2010, paragraph 9). The Committee considers that this segregation in education of Roma children results in a low level of education and limits access of Roma to employment and occupation. The Committee encourages the Government to continue to adopt specific measures to promote equality of opportunity and treatment of Roma in employment and education, and asks the Government to continue to provide information on progress and results of the various initiatives. The Committee also asks the Government to provide information on concrete measures taken or envisaged to address negative stereotypes and anti-Roma sentiments in employment and education, and to address the segregation of Roma children in education. Please continue to provide statistical information on the participation of Roma in education and in the special active employment policy programmes.

Equality of opportunity and treatment of workers with disabilities. The Committee notes the adoption of the Act establishing the Fund for the Promotion of Employment for Disabled Persons (No. 30/2009). It also notes from the Government’s report the project “Capacity building for effective integration of disabled people and people with reduced mobility in the labour market and for promoting their equal opportunities and social inclusion”, the purpose of which is to improve the implementation of projects for the employment of workers with disabilities and to encourage good practices regarding their employment. However, the Committee notes the lower number of unemployed persons with disabilities into vocational rehabilitation programmes in 2009 compared to the previous years. The Committee asks the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment in the employment of persons with disabilities and the results achieved. Please also provide information on the measures taken or envisaged to enhance the participation of unemployed persons with disabilities to vocational rehabilitation programmes.

Enforcement. With regard to the supervision of the equal treatment legislation through the labour inspectorate, the Committee notes that monitoring was undertaken in the education sector with a view to ensuring equal treatment of the candidates. The Government also indicates that special attention was paid to the protection of the workers’ dignity at work. The Committee further notes from the Government’s report that the Office for Equal Opportunities is carrying out the “Equal in Diversity” project with the aim of raising awareness of the notion and manifestations of discrimination. The Committee asks the Government to provide information on the concrete measure taken or envisaged under the National Programme for Equal Opportunities for Women and Men (2005–13) to increase monitoring and enforcement of the equal treatment legislation, as well as the results thereof. The Committee also asks the Government to provide further information on the “Equal in Diversity” project, in particular regarding its impact on addressing discrimination in employment and occupation. Please also continue to provide detailed information on the number, nature and outcome of discrimination cases dealt with by the courts, and the Advocate of the Principle of Equality and the Advocate for Equal Opportunities for Men and Women.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Prohibited grounds of discrimination. The Committee notes that section 6 of the Employment Relations Act, which sets out the principle of equal treatment, was amended in 2007. In this regard, the Committee welcomes that a new subsection 4 provides that less favourable treatment of workers in connection with pregnancy or parental leave is deemed to be discrimination. While noting that section 6(1) continues to contain an open list of prohibited grounds, the Committee notes that the ground of “religious, political and other conviction” has been replaced by “faith or conviction”. Recalling that that the definition of discrimination set out in Article 1(1)(a) of the Convention covers discrimination based on political opinion, the Committee requests the Government to elaborate on the reasons for repealing the specific reference to political conviction in section 6 and to indicate how protection from discrimination based on political opinion is ensured in law and in practice.

Sexual harassment. The Committee notes that sections 6(a) and 45 of the Employment Relations Act, as amended in 2007, provide protection from sexual harassment (quid pro quo and hostile work environment), other harassment and mobbing in the workplace. The Committee also notes from the Government’s report that the new Penal Code, 2008, provides in section 197 that anyone in the workplace or in connection with work who, through sexual harassment, mental violence, suffering or unequal treatment causes another employee to be humiliated or intimidated shall be punished by a prison sentence of up to two years. The Committee welcomes that a number of measures have been taken to promote awareness of sexual harassment, to support employers in preventing it, and to focus the labour inspectorate’s attention on this issue. The Committee requests the Government to continue to provide information on the measures taken to address sexual harassment in the workplace, including the activities of the Office for Equal Opportunities and any cooperation with employers’ and workers’ organizations in this regard. Please also provide information on the number of cases dealt with by the competent authorities under sections 6(a) and 45 of the Employment Relations Act and section 197 of the Penal Code, including information on the outcome of such proceedings.

Equality of opportunity and treatment of women and men. The Committee notes that the Ministry of Education and Sport issued a publication highlighting areas of education and schooling where girls or boys are under-represented and that a project was launched to develop indicators for monitoring equal opportunities for girls and boys in education. The Committee also notes that there has been a continued focus on integrating long-term unemployed women in the labour market and on promoting women’s self-employment. With regard to the implementation of the Decree on criteria for respecting balanced representation of women and men in the composition of state-controlled bodies, the Committee notes that the required threshold of 40 per cent has not yet been reached as regards government representatives in agencies and funds. The Committee requests the Government to continue to provide detailed information on the measures taken to promote gender equality in the labour market, including information on the progress made in eliminating horizontal and vertical segregation based on gender. In this regard, please provide statistical information on the situation of women in the labour market, including their participation in the different areas of economic activities and in decision-making positions. The Committee also requests the Government to provide information on the activities of the Advocate for Equal Opportunities for Women and Men.

Equality of opportunity and treatment of the Roma. The Committee notes with interest that the Roma Community Act was adopted on 30 March 2007. The Act defines special rights of the Roma community, providing, inter alia, that the Republic of Slovenia shall create the conditions for the inclusion of members of the Roma community in the education system and the labour market. Under the Act, the Government is to adopt a programme of measures for the coordinated realization of the special rights of the Roma community, in cooperation with local communities and the Council of the Roma Community of Slovenia. The Committee also notes the detailed information provided by the Government regarding the various measures taken to address the situation of the Roma in education and employment. The Committee requests the Government to provide information on the adoption and the content of the programme of measures envisaged under the Roma Community Act, as well as the progress made in the implementation of those measures addressing education and employment. In this regard, the Committee requests the Government to provide statistical information on the participation of Roma men and women in education and the labour market.

Equality of opportunity and treatment of workers with disabilities. The Committee notes the information provided regarding the implementation of the Vocational Rehabilitation and Employment of Disabled Persons Act. In November 2006, the Government adopted the Disability Action Plan 2007–13. Among the Plan’s objectives are ensuring an inclusive education system on the basis of equal opportunities, and access of persons with disabilities to work and employment without discrimination in a working environment that is open, inclusive and accessible. In 2007, 27 per cent more persons were included in vocational rehabilitation programmes than in 2006, while 1,746 unemployed persons with disabilities gained employment which was 10 per cent less than in 2006. The Committee requests the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment in employment of persons with disabilities and the results achieved.

Enforcement. The Committee notes that the number of complaints made to the labour inspectors regarding discrimination in the workplace remained very low between 1 January 2006 and 31 May 2008. The Government indicates that in most cases the complaints submitted were deficient, not allowing the inspectorate to establish the circumstances which allegedly constituted discrimination. Noting that the second Periodic Plan for Implementing the National Programme for Equal Opportunities for Women and Men 2008–09 envisages increased supervision of the equal treatment legislation through the labour inspectorate, the Committee requests the Government to provide specific information on the measures taken to achieve this objective, as well on their results. The Committee also requests the Government to provide detailed information on the number, nature and outcome of discrimination cases dealt with by the courts, and the Advocate of the Principle of Equality and the Advocate for Equal opportunities for Men and Women. Finally, the Committee requests the Government to elaborate on the measures taken to assist persons seeking to file discrimination complaints.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. Inherent requirements of the job. The Committee notes the Government’s response to its previous direct request indicating that the provisions of the Act Implementing the Principle of Equal Treatment allowing “objectively and reasonably justified treatment or restrictions” or a provision, criterion or practice that is “objectively justified by a legitimate aim …”, are to be interpreted strictly, and in conformity with the Convention. The Committee requests the Government to keep it informed of any court decisions dealing with the interpretation of the relevant provisions of the Act Implementing the Principle of Equal Treatment.

2. Article 2. National equality policy. With respect to its previous comment regarding the low level of reported cases of discrimination and the need for awareness raising, the Committee notes the information provided by the Government regarding the activities that have taken place in this regard. In particular, the Government points to a round table undertaken within the scope of the European Union campaign “For Diversity: Against Discrimination”, as well as the dissemination of information brochures on sexual harassment at the workplace, and regarding non-discrimination and the Advocate of the Principle of Equality. The Committee notes with interest the extensive awareness-raising initiative regarding discriminatory advertisements for employment, which has had a significant measurable impact, with violations in this area decreasing from 74 per cent of advertisements to 27 per cent. The Committee requests the Government to continue providing information on awareness-raising activities and the results thereof.

3. Equal opportunities between women and men. The Committee notes from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the Office for Equal Opportunities considers that differences in wages by sex and level of qualification result primarily from horizontal segregation, since women are often employed in sectors with lower wages, while men are concentrated in the sectors characterized by higher wages. The Office for Equal Opportunities also points to vertical segregation, since men with the same level of professional qualifications as women often hold higher level, and thus higher paid, jobs than women. The Committee also notes that a specific goal enumerated in the Periodical Plan for the Implementation of the National Programme (2006-2007) is to reduce vertical and horizontal segregation through monitoring the accessibility to educational areas where girls or boys are in the minority. The Committee requests the Government to provide information on the specific measures taken or envisaged to reduce vertical and horizontal occupational segregation and the results achieved.

4. Representation of women in public decision-making. The Committee notes the adoption of the Act Amending the Local Elections Act, and the Act Amending the National Assembly Elections Act. According to the Government’s report, the former requires candidate lists to have at least 40 per cent of each sex, and both women and men must be represented in the upper half of the list. The Act Amending the National Assembly Elections Act, adopted in July 2006, has similar requirements. The Government also indicates the provisions of the Decree on criteria for respecting balanced representation of women and men, to which the Committee referred in its previous direct request. This Decree, which has been in force since September 2004, provides for balanced representation in the composition of a wide range of bodies under the control of the State. The Government indicates, however, that the Decree provides for exceptions to the minimum representation of 40 per cent of each sex for justified objective reasons, and such exceptions are often provided to the benefit of men in the areas of finance, business, transport and defence, and for the benefit of women in areas related to family, social affairs and education. The Committee notes that the exceptions to the minimum representation provided under the Decree appear to be granted in a manner that reinforces stereotypes regarding which sectors are most appropriate for men or women. The Committee requests the Government to provide information on the practical application of the Act Amending the Local Elections Act, and the Act Amending the National Assembly Elections Act and their impact on increasing the proportion of women in public decision-making. The Committee also again requests information on the results achieved pursuant to the Decree on criteria for respecting balanced representation of women and men, and on any measures taken or envisaged to ensure that the exception provision is used restrictively, and not in a manner that reinforces stereotyped views of the sectors appropriate for women or men.

5. Parts III and IV of the report form. The Committee notes from the Government’s report the interaction between the Advocate of the Principle of Equality and the competent inspection service regarding complaints of discrimination. The Committee notes that again there have been no court decisions involving questions relevant to the Convention, though some violations of the relevant provisions of the Employment Relations Act were identified by the labour inspectorate (from January 2004 to December 2005). The Government indicates that while few violations are reported by workers, inspectors are contacted anonymously by telephone for advice due to alleged discriminatory treatment. The Committee notes that this was particularly evident with respect to sexual harassment, where only one violation was identified, as the women who contacted the inspectors did not want to file an official report since those purported to have harassed them were usually their superiors. The Government reports that, according to the labour inspectors, the prohibition of discrimination is difficult to monitor and it is difficult to identify violations since the victim needs to be willing to report the violation and witnesses need to come forward, which they are afraid to do since it may expose them to further action by the employer. The Committee also notes that, under the Periodic Plan for the Implementation of the National Programme (2006-2007), the labour inspectorate is to increase the attention given to the implementation of the Employment Act with respect to equal treatment and equal opportunities for women and men, and to report thereon. The Committee requests the Government to continue to provide information on any court decisions relevant to the implementation of the Convention, as well as any complaints reported to the labour inspectors and the outcome of such cases and complaints. The Committee also looks forward to receiving information on the specific activities undertaken in the context of the Periodic Plan for the Implementation of the National Programme (2006-07), and in particular any impact on the work of the labour inspectors.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. Legislative developments. The Committee notes with interest the legislative developments set out in the Government’s report, addressing discrimination on the ground of disability, and harassment in the civil service. With respect to the civil service, the Committee notes that the amended Civil Service Act (No. 32/2006) now contains a provision prohibiting undesired physical, verbal or non-verbal treatment or behaviour of a civil servant based on any personal circumstance, creating an intimidating, hostile, degrading, humiliating or offensive working environment for a person and offending a person’s dignity. With respect to discrimination on the ground of disability, the Committee notes the adoption of the Vocational Rehabilitation and Employment of Disabled Persons Act (No. 100/2004), which, inter alia, prohibits direct and indirect discrimination in the employment of disabled persons, during the employment relationship and with respect to the termination of employment. The Act Amending the Vocational Rehabilitation and Employment of Disabled Persons Act (No. 72/2005) provides that employers must consider the ILO code of practice on managing disability in the workplace so as to ensure equal opportunities of disabled persons in employment. In addition, the Decree Establishing Employment Quota for Disabled Persons (No. 111/2005), requires every employer with at least 20 workers to employ a certain proportion of disabled persons. The Committee welcomes these developments, and requests the Government to provide information on the practical application of the provisions concerning non-discrimination and equality of opportunity and treatment in the amended Civil Service Act, the Vocational Rehabilitation and Employment of Disabled Persons Act, the Act Amending the Vocational Rehabilitation and Employment of Disabled Persons Act, and the Decree Establishing Employment Quota for Disabled Persons, including any complaints received and the outcome of such complaints.

2. Article 2. Equality between men and women. The Committee notes with interest that the Resolution on the National Programme for Equal Opportunities for Women and Men, 2005-13, was adopted by the National Assembly in October 2005, pursuant to the Act on Equal Opportunities for Men and Women, with the aim of improving the position of women. The concrete tasks and activities are to be defined in biennial periodic plans, the first of which was adopted in April 2006. The Committee notes with interest the Periodical Plan for the Implementation of the National Programme (2006-07), which sets out time-bound goals, specific action and activities, expected results, implementation methods and the bodies responsible for each activity. The Committee notes that the first strategic goal, “equal opportunities for women and men in employment” takes a multifaceted approach, including reinforcement of inspection with regard to the implementation of the Employment Act in the area of providing equal opportunities for women and men; analysing discrimination cases; raising awareness of the cases of discrimination and the mechanisms for prevention, and the position of women and men in the labour market; assistance in employing long-term unemployed women; implementation of and support for special programmes supporting women’s self-employment and entrepreneurship; direct long-term investment loans with subsidized interest rates for new companies with female owners; and monitoring accessibility to education areas where girls or boys are in the minority. Furthermore, the Committee notes that the second strategic goal is also relevant to the Convention, as it is aimed at addressing and preventing sexual and other harassment at work, again setting out a range of activities. The Committee requests the Government to provide information regarding the progress of implementation of the Periodical Plan for the Implementation of the National Programme (2006-07) and its impact in improving equality between women and men in employment and occupation and reducing discrimination, including with respect to sexual harassment.

3. Equality of opportunity and treatment of the Roma. The Committee notes the Government’s indication that a concerted effort continues to be made to promote equality of opportunity and treatment of the Roma. The Government refers to the fact that, within the framework of the Operational Programme for Human Resources Development 2007-13, which was to be adopted in September 2006, special programmes for the elimination of discrimination in the labour market, in employment and in education and training would be carried out, with one of the target groups being the Roma. In addition, the draft of the Roma Community Act is under discussion, which would determine the responsibility of state authorities and local community authorities in implementing special rights of the Roma community, regulate the organization of the Roma community at the national and local levels, including establishing municipal Roma communities and umbrella organizations, and provide for the financing of special rights of the Roma. The Committee welcomes the information provided regarding the number of Roma involved in the activities under the Active Employment Policy, and regarding the development partnerships under the European Community EQUAL programme, including the Roma Employment Centre and the Roma Education Information Centre. The Committee requests the Government to specify whether the Operational Programme for Human Resources Development 2007-13, and the Roma Community Act have been adopted, and what follow-up has been undertaken in the context thereof. It also requests the Government to keep it informed regarding the other initiatives taken or envisaged to promote equality of opportunity and treatment of the Roma, and any concrete results achieved in improving the situation of the Roma in education and employment.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Labour inspection. The Committee notes the information provided in the Government’s report concerning the low number of discrimination violations under the Employment Relations Act that the Labour Inspectorate recorded in 2003 and 2004. Where violations were found, the matter was put before the court; however, it appears that no court decisions have yet been rendered. The Government attributes the low level of violations found to the nature of such violations, since they can only be established where workers report them. The Government states that "in practice, even after a report has been made, it is not easy to detect and prove such violations." As the labour inspectors play a key role in preventing and redressing discriminatory practices, proper training of labour inspectors in matters concerning discrimination and the promotion of equality is essential. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to prevent, detect and redress discriminatory practices, including strengthening the participation of workers’ representatives in the process of inspection, and requests that information in this regard be included in its next report. The Committee, noting the low level of reported violations, and the Government’s statement that violations of discrimination are difficult to prove, suggests further that the Government promotes awareness-raising in this area, so that workers are familiar with their rights under the law, including issues of proof. The Committee would also welcome receiving any court decisions regarding allegations of discrimination under the Employment Relations Act, the Act Implementing the Principle of Equal Treatment, and the Act on Equal Opportunities for Men and Women.

2. Inherent requirements of the job. The Committee notes that the provisions of the Act Implementing the Principle of Equal Treatment, 2004, do not prohibit "objectively and reasonably justified differentiated treatment or restrictions on the grounds of specific personal circumstances, determined by special laws aimed to achieve a legitimate purpose." (section 2(1)). It notes further that under section 4(3), indirect discrimination does not include a provision, criterion or practice that is "objectively justified by a legitimate aim and the means of achieving the aim are appropriate and necessary." The Committee recalls that the exception permitted under Article 1(2) of the Convention must be based on the inherent requirements of a particular job. This exception must be interpreted strictly in order to avoid undue limitation of the protection provided under the Convention. The Committee hopes that the exceptions permitted in the acts will be applied in accordance with the Convention, and limited to matters related to the inherent requirements of the job. It invites the Government to provide information on the practical application of these provisions.

3. Representation of women in decision-making positions. The Committee notes the Government’s statement and supporting statistics to the effect that women are still significantly under-represented in decision-making positions, and that the situation has not improved in recent years. The Government acknowledges that it will be necessary to introduce positive measures under the Act on Equal Opportunities for Women and Men, and states that a Decree on criteria for respecting balanced gender representation has been adopted. The Committee, therefore, requests the Government to provide the text of the Decree, to indicate any other special measures proposed or introduced under section 7 of the Act on Equal Opportunities for Women and Men, and the results of any such measures.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided in the Government’s report.

1. Article 1 of the Convention. Legislative developments. In its previous comments, the Committee noted with interest the adoption of legislation expressly addressing direct and indirect discrimination in employment. The Committee notes that this legislation, the Employment Relations Act, came into force on 1 January 2003. Further, the Committee notes with interest the adoption and entry into force in May 2004 of the Act Implementing the Principle of Equal Treatment, which prohibits direct and indirect discrimination "in every field of social life", including education, employment and labour relations, on the grounds of any kind of personal circumstances. An indicative list of "personal circumstances" is provided in the Act: "such as nationality, racial or ethnic origin, sex, state of health, disability, language, religion or other conviction, age, sexual orientation, education, financial state, social status or other personal circumstances." (Article 1(1)). This Act also establishes the position of the Advocate of the Principle of Equality, working in the Equal Opportunities Office, to hear cases of discrimination covered by the Act. The Committee expresses the hope that this machinery will be given sufficient visibility, authority and resources to promote equality effectively. The Committee requests the Government to provide information on the implementation of these two Acts, as well as the Act on Equal Opportunities for Men and Women, 2002. It further requests the Government to provide information on the functioning of the Advocate of the Principle of Equality, and to forward a copy of the annual report.

2. Article 2. Equality between men and women. The Committee, referring to comments of the International Confederation of Free Trade Unions (ICFTU), asked the Government to indicate positive measures undertaken to improve women’s employment opportunities. The Government states in response that within the framework of the active employment policies, it was decided that special programmes specifically for women would not be formulated; rather, within the framework of every measure there is a determined share of women that must be included. The Government acknowledges that in future special attention will need to be devoted to the prevention of vertical and horizontal segregation based on gender. In this context, it refers to a system of labour market indicators developed by the Ministry of Labour, Family and Social Affairs, which will make it possible to monitor disparities between women and men in the labour market and plan future measures. Reference is also made to a programme under the European EQUAL initiative, which aims, inter alia, at developing and testing new solutions for combating discrimination in the labour market. Specific gender objectives are also included in the National Employment Action Plan, the National Programme for the Development of the Labour Market and Employment, and the Single Programme Document for Structural Funds. The Committee requests the Government to provide information regarding the progress and results of these various initiatives.

3. Equality of opportunity and treatment of the Roma. In the context of comments by the ICFTU that Roma suffer disproportionately higher unemployment than other groups, the Committee requested information on positive measures to target specifically the Roma, and to improve the level of educational attainment of Roma children. The Government acknowledges that the current labour market situation is not favourable to the Roma, due to a lack of basic qualifications, functional illiteracy, and prejudice of employers. The unemployment rate of the Roma continues to be relatively high. The Committee notes the wide range of measures to which the Government refers, including the establishment of an inter-ministerial commission for the protection of the Roma, special programmes of active employment policy for unemployed Roma, programmes of social inclusion, national public works programme on "increasing Roma employability", expansion of local public works programmes, and a project on "Roma in processes of European integration/the position in Slovenia, Austria and Croatia: development of models for education and training." Measures targeting Roma children are also mentioned, including granting of additional teaching hours, decreased class size, scholarships for teacher training and the establishment of a special working group for the preparation of a strategy for the integration of Roma into the education system. The Committee encourages the Government to continue to pursue measures to promote equality of opportunity and treatment of Roma, and requests it to provide information on the progress and results of the various initiatives. The Committee also suggests that efforts be made to address the prejudicial attitudes of employers noted by the Government, through, for example, awareness-raising campaigns, in collaboration with workers’ and employers’ organizations.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the information on the labour inspections. It notes that 7,367 inspections on employment relations were carried out in the year 2000, and that 5,305 violations were established. However, it notes that the report on the work and activities carried out by the Labour Inspectorate in 2000 did not point to any employment discrimination. Recalling that it is important that labour inspectors be properly trained with regards to issues concerning equality of opportunity and treatment, so that they may offer pertinent control, advice and information in this area. The Committee notes that very little information was received from the Government on the specific action of labour inspectors in the effective application of provisions concerning equality. Therefore, the Committee asks the Government to supply information on the initiatives taken with a view to reinforcing the action of the Labour Inspectorate, by training inspectors in matters concerning equality, recruiting specialized staff, and strengthening the participation of workers’ representatives in the process of inspection.

2. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the information provided by the Government in its report and the comments submitted by the International Confederation of Free Trade Unions (ICFTU) on 14 May 2002 concerning the application of Convention No. 100 and this Convention with respect to women and the Roma.

1. The Committee notes the ICFTU comments on the gap between male and female wages across the economy, mostly because senior positions and positions with high remuneration tend to be filled by men. The Committee also notes the Government’s information on the measures taken in the framework of the Employment Policy Programme implemented by the Employment Service of Slovenia (EES). It notes that they succeeded in lower the unemployment rate to 12.2 per cent in 2000 and that 50.7 per cent of the registered unemployed persons are women. However, it notes that neither women nor national minorities are on the list of the target groups of the Employment Policy Programme and that data on the gender structure of participation in the employment and training programmes have not been collected. Further, the Committee notes the data provided in the Statistical Yearbook 2000 of the Republic of Slovenia, in particular table 13.6 on the average monthly gross earnings by level of professional skill by activity and by sex. It notes that men’s average gross earnings are higher than women in all sectors of activity, and that in most sectors of activities, the lower the level of education, the higher the difference in earnings between men and women. In particular, the Committee notes sharp differences in the sectors of public administration, education and health and social work, which traditionally employ a large proportion of women. It also notes that the Government acknowledges that de facto equality between women and men cannot be achieved merely by means of legislation, but that it also requires affirmative action. Therefore, the Committee asks the Government to supply information on any measures envisaged or undertaken to enhance equality of opportunity and treatment of specific disadvantaged groups, namely women and national minorities. In particular, it asks the Government to indicate the positive measures undertaken to improve women’s opportunities through technical training and vocational guidance, and their equal treatment in access to jobs and in their terms and conditions of employment. It further asks the Government to continue to supply statistical data on employment and remuneration disaggregated by sectors of activity, by sex and if possible, by level of responsibility.

2. The Committee notes the ICFTU’s indication that women continue to be under-represented in political decision-making posts. In this regard, it notes the information in the Government’s report on the recently increased presence of women in political life. It notes that in the 2000 election 12 women were elected deputies (13.3 per cent), in comparison with the 1996 election when only seven women were elected. It also notes that three women became ministers (20 per cent). Further, it notes the efforts of the Office for Equal Opportunities (former Women’s Policy Office) that implemented a twofold strategy: at the regional level, it set up a network of coordinators that encouraged women to participate in politics and run as candidates; at the national level, it developed a network of experts, representatives of women’s groups and political parties to develop new approaches for increasing women’s participation in decision-making positions. The Committee hopes the Government will continue to promote women’s participation in decision-making posts since, despite such progress, women’s participation is still low.

3. The Committee notes the ICFTU’s statement that Roma suffer disproportionately higher unemployment than other groups, and in many areas are essentially absent from the formal labour force. The Committee notes the Government’s efforts to address the participation of Roma in employment and occupation by the "public works programmes" undertaken by two municipalities together with the Employment Service of Slovenia, aiming at training Roma as construction workers for public works. The Government indicates that these programmes were successful in creating better living conditions for Roma families, providing Roma with training and employment opportunities and contributing to their socialization. It also notes a second form of public programmes in primary schools. Nevertheless, the Committee notes the Government’s data that show that almost two-thirds of the Roma live on social security benefits, 13 per cent have full-time work, and the rest live on casual or seasonal work. Therefore, the Committee asks the Government to supply information on whether it plans to extend the "public works programmes" to other municipalities or other sectors of activity and on any other positive measures contemplated or taken to target specifically the Roma and correct this de facto inequality of opportunity and treatment. Please also supply information on any measure undertaken to improve the level of educational attainment among Roma children to enable them to prepare better for entry into employment.

4. The Committee notes the adoption of the Labour Relations Act of 24 April 2002, which prohibits discrimination on all the grounds set forth in the Convention, as well as on the basis of age, health condition and special needs, membership of a trade union, social background, civil or financial status, sexual orientation or any other personal circumstances. It also notes with interest that it specifically prohibits indirect discrimination that "may be assumed if the effect of apparently neutral provisions, criteria and practice, is such that they are disadvantageous to persons of certain sex, race, age, medical condition or disability, religious or other conviction, sexual orientation or national origin, unless such provisions, criteria and practice are objectively justified appropriate and necessary". Further, the Act shifts the burden of proof in sex discrimination cases, expressly bans discrimination in job advertisements, provides for the principle of equal remuneration for men and women and the employer’s responsibility for providing a working environment free from "undesired treatment of sexual nature, including undesired physical, verbal or non-verbal treatment or other sexually based behaviour". Nothing that the Act will enter into force on 1 January 2003, the Committee asks the Government to provide information on the implementation of the Act in its next report.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the information on the labour inspections. It notes that 7,367 inspections on employment relations were carried out in the year 2000, and that 5,305 violations were established. However, it notes that the report on the work and activities carried out by the Labour Inspectorate in 2000 did not point to any employment discrimination. Recalling that it is important that labour inspectors be properly trained with regards to issues concerning equality of opportunity and treatment, so that they may offer pertinent control, advice and information in this area. The Committee notes that very little information was received from the Government on the specific action of labour inspectors in the effective application of provisions concerning equality. Therefore, the Committee asks the Government to supply information on the initiatives taken with a view to reinforcing the action of the Labour Inspectorate, by training inspectors in matters concerning equality, recruiting specialized staff, and strengthening the participation of workers’ representatives in the process of inspection.

2. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report and the comments submitted by the International Confederation of Free Trade Unions (ICFTU) on 14 May 2002 concerning the application of Convention No. 100 and this Convention with respect to women and the Roma.

1. The Committee notes the ICFTU comments on the gap between male and female wages across the economy, mostly because senior positions and positions with high remuneration tend to be filled by men. The Committee also notes the Government’s information on the measures taken in the framework of the Employment Policy Programme implemented by the Employment Service of Slovenia (EES). It notes that they succeeded in lower the unemployment rate to 12.2 per cent in 2000 and that 50.7 per cent of the registered unemployed persons are women. However, it notes that neither women nor national minorities are on the list of the target groups of the Employment Policy Programme and that data on the gender structure of participation in the employment and training programmes have not been collected. Further, the Committee notes the data provided in the Statistical Yearbook 2000 of the Republic of Slovenia, in particular table 13.6 on the average monthly gross earnings by level of professional skill by activity and by sex. It notes that men’s average gross earnings are higher than women in all sectors of activity, and that in most sectors of activities, the lower the level of education, the higher the difference in earnings between men and women. In particular, the Committee notes sharp differences in the sectors of public administration, education and health and social work, which traditionally employ a large proportion of women. It also notes that the Government acknowledges that de facto equality between women and men cannot be achieved merely by means of legislation, but that it also requires affirmative action. Therefore, the Committee asks the Government to supply information on any measures envisaged or undertaken to enhance equality of opportunity and treatment of specific disadvantaged groups, namely women and national minorities. In particular, it asks the Government to indicate the positive measures undertaken to improve women’s opportunities through technical training and vocational guidance, and their equal treatment in access to jobs and in their terms and conditions of employment. It further asks the Government to continue to supply statistical data on employment and remuneration disaggregated by sectors of activity, by sex and if possible, by level of responsibility.

2. The Committee notes the ICFTU’s indication that women continue to be under-represented in political decision-making posts. In this regard, it notes the information in the Government’s report on the recently increased presence of women in political life. It notes that in the 2000 election 12 women were elected deputies (13.3 per cent), in comparison with the 1996 election when only seven women were elected. It also notes that three women became ministers (20 per cent). Further, it notes the efforts of the Office for Equal Opportunities (former Women’s Policy Office) that implemented a twofold strategy: at the regional level, it set up a network of coordinators that encouraged women to participate in politics and run as candidates; at the national level, it developed a network of experts, representatives of women’s groups and political parties to develop new approaches for increasing women’s participation in decision-making positions. The Committee hopes the Government will continue to promote women’s participation in decision-making posts since, despite such progress, women’s participation is still low.

3. The Committee notes the ICFTU’s statement that Roma suffer disproportionately higher unemployment than other groups, and in many areas are essentially absent from the formal labour force. The Committee notes the Government’s efforts to address the participation of Roma in employment and occupation by the "public works programmes" undertaken by two municipalities together with the Employment Service of Slovenia, aiming at training Roma as construction workers for public works. The Government indicates that these programmes were successful in creating better living conditions for Roma families, providing Roma with training and employment opportunities and contributing to their socialization. It also notes a second form of public programmes in primary schools. Nevertheless, the Committee notes the Government’s data that show that almost two-thirds of the Roma live on social security benefits, 13 per cent have full-time work, and the rest live on casual or seasonal work. Therefore, the Committee asks the Government to supply information on whether it plans to extend the "public works programmes" to other municipalities or other sectors of activity and on any other positive measures contemplated or taken to target specifically the Roma and correct this de facto inequality of opportunity and treatment. Please also supply information on any measure undertaken to improve the level of educational attainment among Roma children to enable them to prepare better for entry into employment.

4. The Committee notes the adoption of the Labour Relations Act of 24 April 2002, which prohibits discrimination on all the grounds set forth in the Convention, as well as on the basis of age, health condition and special needs, membership of a trade union, social background, civil or financial status, sexual orientation or any other personal circumstances. It also notes with interest that it specifically prohibits indirect discrimination that "may be assumed if the effect of apparently neutral provisions, criteria and practice, is such that they are disadvantageous to persons of certain sex, race, age, medical condition or disability, religious or other conviction, sexual orientation or national origin, unless such provisions, criteria and practice are objectively justified appropriate and necessary". Further, the Act shifts the burden of proof in sex discrimination cases, expressly bans discrimination in job advertisements, provides for the principle of equal remuneration for men and women and the employer’s responsibility for providing a working environment free from "undesired treatment of sexual nature, including undesired physical, verbal or non-verbal treatment or other sexually based behaviour". Nothing that the Act will enter into force on 1 January 2003, the Committee asks the Government to provide information on the implementation of the Act in its next report.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes from the Government’s report that the Industrial Relations Bill, which is currently being examined by the National Assembly, contains new measures concerning employment and occupational discrimination. It notes with interest that the new provisions set out in the Bill establish broader protection against discrimination in employment. It notes that section 6 of the Bill prohibits discrimination on all the grounds set out in the Convention, as well as age, health condition and special needs, membership of a trade union, social background, civil or financial status, sexual orientation or any other personal circumstances. It also notes with interest that, under the terms of this section, direct as well as indirect discrimination is prohibited and that the burden of proof of the non-existence of discrimination lies with the employer where the facts alleged by the complainant would justify the assumption of discrimination. The Committee also notes the general prohibition of gender specification in job vacancies and the principle of equal remuneration for men and women. Discriminatory clauses are declared null and void. The Committee awaits with interest the provision of a copy of the new Industrial Relations Act once it is adopted and hopes that it will contain the above provisions.

2. The Committee notes with interest the various measures taken by the Government to promote equality of opportunity and treatment in employment for women. It notes that, following the recommendations of the UN Committee on the Elimination of Discrimination Against Women, the Government issued a decree which bound all competent ministries and other institutions to take into account the provisions of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women in preparing policies, programmes and measures, and to take measures for the implementation of its provisions. Finally, it notes the varied activities of the Women’s Policy Office, ranging from supervising cases of discrimination (receiving complaints from women who consider that they have been the victims of discrimination) to awareness campaigns for the competent institutions and the public, and research and studies on measures to reduce and then eliminate discrimination against women. It requests the Government to continue keeping it informed of the measures taken by the Women’s Policy Office and to provide information on developments on the situation of women in the employment market.

3. The Committee notes with interest that, in the context of its programme for the elimination of discrimination on grounds of sex, the Women’s Policy Office also ensures that school and educational programmes do not perpetuate sexist stereotypes in relation to the vocational choices of girls and boys. The Committee notes, in reply to the question it raised in its previous direct request, that, since the school year 1998-99, the Secondary Police School has opened its doors to girls, of whom 26 were enrolled in 1998.

4. The Committee notes from the Government’s report that its employment policies for 1999 include the development of programmes for the integration of the Roma population and other groups experiencing difficulties in finding employment. It notes that the objective of these programmes is to increase the employment opportunities of these groups and to improve their economic situation and social integration. The Committee also notes the efforts made in the field of education, particularly with regard to the language in which education should be imparted for the Roma, and the Italian and Hungarian minorities. The Committee would be grateful if the Government would indicate whether progress has been achieved since the implementation of these programmes in the areas of communication between the majority population and the Roma and their integration into social life and the employment market. It also requests the Government to provide information concerning any cases of discrimination on grounds of race in the field of employment and the specific measures taken in this field.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the numerous attachments.

1.  The Committee notes from the Government’s report that the Industrial Relations Bill, which is currently being examined by the National Assembly, contains new measures concerning employment and occupational discrimination. It notes with interest that the new provisions set out in the Bill establish broader protection against discrimination in employment. It notes that section 6 of the Bill prohibits discrimination on all the grounds set out in the Convention, as well as age, health condition and special needs, membership of a trade union, social background, civil or financial status, sexual orientation or any other personal circumstances. It also notes with interest that, under the terms of this section, direct as well as indirect discrimination is prohibited and that the burden of proof of the non-existence of discrimination lies with the employer where the facts alleged by the complainant would justify the assumption of discrimination. The Committee also notes the general prohibition of gender specification in job vacancies and the principle of equal remuneration for men and women. Discriminatory clauses are declared null and void. The Committee awaits with interest the provision of a copy of the new Industrial Relations Act once it is adopted and hopes that it will contain the above provisions.

2.  The Committee notes with interest the various measures taken by the Government to promote equality of opportunity and treatment in employment for women. It notes that, following the recommendations of the UN Committee on the Elimination of Discrimination Against Women, the Government issued a decree which bound all competent ministries and other institutions to take into account the provisions of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women in preparing policies, programmes and measures, and to take measures for the implementation of its provisions. Finally, it notes the varied activities of the Women’s Policy Office, ranging from supervising cases of discrimination (receiving complaints from women who consider that they have been the victims of discrimination) to awareness campaigns for the competent institutions and the public, and research and studies on measures to reduce and then eliminate discrimination against women. It requests the Government to continue keeping it informed of the measures taken by the Women’s Policy Office and to provide information on developments on the situation of women in the employment market.

3.  The Committee notes with interest that, in the context of its programme for the elimination of discrimination on grounds of sex, the Women’s Policy Office also ensures that school and educational programmes do not perpetuate sexist stereotypes in relation to the vocational choices of girls and boys. The Committee notes, in reply to the question it raised in its previous direct request, that, since the school year 1998-99, the Secondary Police School has opened its doors to girls, of whom 26 were enrolled in 1998.

4.  The Committee notes from the Government’s report that its employment policies for 1999 include the development of programmes for the integration of the Roma population and other groups experiencing difficulties in finding employment. It notes that the objective of these programmes is to increase the employment opportunities of these groups and to improve their economic situation and social integration. The Committee also notes the efforts made in the field of education, particularly with regard to the language in which education should be imparted for the Roma, and the Italian and Hungarian minorities. The Committee would be grateful if the Government would indicate whether progress has been achieved since the implementation of these programmes in the areas of communication between the majority population and the Roma and their integration into social life and the employment market. It also requests the Government to provide information concerning any cases of discrimination on grounds of race in the field of employment and the specific measures taken in this field.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the information provided by the Government in its reports. The Committee also notes with interest the 1996 report of the Human Rights Ombudsman and the Government's initial report on the application of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The Committee requests the Government to indicate whether consideration is being given to those recommendations made by the Committee on the Elimination of Discrimination against Women, during its examination of the Government's report, which relate to the establishment of machinery to receive complaints and undertake investigations of discrimination (UN document A/52/38 of 24 June 1997). The Committee also requests the Government to continue to supply information on any other measures being taken to ensure gender equality in education and employment for women workers.

2. Further to its previous request concerning the constitutional prohibition on members of the armed forces and the police from joining any political party -- which was introduced to avoid the politicization of the army -- the Committee notes that the draft legislation on interior affairs, which will regulate this question with regard to the police has not yet been enacted. The Committee also notes from the report that, to date, there have been no complaints, nor judicial or administrative decisions concerning this prohibition which is regulated under section 88 of the Defence Act. Please furnish a copy of the draft legislation when adopted and provide, in future reports, information on any complaints concerning this prohibition.

3. Further to its previous direct request, the Committee notes that, in September 1996, the Ministry of Labour, Family and Social Affairs requested the Ministry of Education and Sport and the Ministry of the Interior to reconsider the possibility of allowing girls to enrol in the Secondary Police School. The Committee notes from the Government's report that girls will be allowed to enter the Secondary Police School for the first time, in the 1997/98 school year. Please provide information on the number of girls who enter the Secondary Police School.

4. The Committee notes with interest the report on the activities of the Commission for Ethnic Communities, which is a standing commission of the National Assembly charged with dealing with all questions affecting the position and rights of the Italian and Hungarian ethnic communities. Please supply in future reports information on the activities of the Commission, more particularly in regard to measures taken to ensure non-discrimination in education, training and employment. The Committee also notes with interest the 1996 report of the Office of National Minorities, which undertakes the task, among others, of ensuring that the interests, needs and demands of minorities are taken into account by all relevant bodies. The Committee notes that the Office has prepared a programme of measures by which the Government wishes to help the Rom ethnic community in their speedier social integration and active inclusion into society, whilst retaining their ethnic, cultural and linguistic identity. Noting that this programme binds bodies of the State to cooperate in realizing these tasks, while at the same time undertaking concrete assignments in their own areas, the Committee requests the Government to indicate the progress achieved in the implementation of the programme. Please also provide information on any other initiatives contemplated or taken to further equality of opportunity and treatment in employment for members of national minorities.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the detailed information provided by the Government in its report and attached documentation. It also notes the explanations provided in the report concerning the restrictions on women working in particular occupations and at night. It requests the Government to provide copies of the legislation regulating safety at work, which is currently being drafted.

1. The Committee notes the Government's statement in response to the Committee's previous direct request concerning the omission of the ground of "colour" from the grounds on which discrimination is prohibited in employment and occupation in article 14 of the Constitution. The Government gives its full assurance that, in practice, there is no discrimination on the ground of colour, which would be an unconstitutional act. The Government adds that although article 14 does not specify "colour" among the grounds of discrimination, its provisions are open-ended and the phrase "or whatever other personal circumstance" would also cover this ground. In addition, the Government states that discrimination on the basis of colour is not a practical fact in the country. The Committee hopes that the Government will continue to provide information on the practical application of all of the grounds of the Convention.

2. In its previous request, the Committee asked the Government to provide the rationale for prohibiting members of the armed forces and the police from joining any political party. The Government states that this Constitutional limitation is to avoid any possibility of direct politicization of the army. The Committee notes the terms of the Defence Act, 1994, which regulates this question and requests the Government to provide copies of the legislation being prepared to regulate this question with regard to the police. Noting that political suitability is not a condition for holding any other job (in terms of article 49 of the Constitution), the Committee requests the Government to provide information on any complaints, judicial or administrative decisions made in connection with this matter.

3. The Committee notes the Government's statement that, apart from the Constitution, no special measures have been taken to pursue a national policy on the grounds of the Convention, as required by Article 3 of the Convention. The Government adds, however, that some action is taken to benefit particular categories of workers, such as disabled workers and young workers seeking their first jobs. The Committee also notes from the National Report for the Fourth World Conference on Women, held in Beijing in September 1995, that the equal representation of women in economic and political decision-making positions is a priority of the society and is a particular concern of the Committee for Women's Politics. Please continue to provide information on the measures taken to overcome the legal and practical obstacles to equality for women identified in this Report, including those taken by the Committee for Women's Politics.

4. In addition, the Committee refers the Government to paragraphs 170 to 236 of its 1988 General Survey on Equality in Employment and Occupation where it emphasized the importance of taking active measures to promote equality of opportunity and treatment to implement the national policy. Accordingly, the Committee requests the Government to indicate the specific measures being taken or contemplated to ensure equality of opportunity and treatment on all of the grounds covered by the Convention. Please also include information on the activities of the Commission for the Italian and Hungarian Minorities, and indicate whether similar bodies exist for other minorities or ethnic groups in the country (e.g. Rom).

5. The Committee notes the adoption of the Ombudsman Act, 1993. Noting that the ombudsman has taken over the cases that were pending before the Council for the Protection of Human Rights (which has ceased to exist), the Committee requests the Government to provide information on the activities of the ombudsman in the area of employment and occupation and to furnish details of the complaints made to the ombudsman, and the decisions reached, which are pertinent to the application of the Convention.

6. With reference to the information provided concerning the special training programmes in the secondary police school, the Committee requests the Government to indicate the extent to which women have entered the police force and the levels at which they are employed.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information contained in the Government's first report and requests the Government to provide additional information on the following points.

1. Noting that article 14 of the Constitution prohibits discrimination on all of the grounds listed in Article 1, paragraph 1(a) of the Convention with the exception of "colour", the Committee requests the Government to take measures in any future revision of legislation to add this to the list of grounds upon which discrimination is prohibited in employment and occupation. In the meantime, the Committee would be grateful if the Government would indicate the measures taken to ensure that discrimination does not exist in practice for this reason.

2. The Committee notes that article 42 of the Constitution prohibits members of the armed forces and the police from joining any political party. It would be grateful if the Government would provide information on the rationale underlying this prohibition and how this section has been applied in practice. While noting the ban on discrimination on political beliefs contained in the Constitution, the Committee would also be grateful if the Government would confirm that political suitability is no longer a condition for holding any job other than conditions which can be justified under Article 1, paragraph 2 and Article 4 of the Convention.

3. The Committee requests the Government to provide details on the steps which the Government has taken to pursue a policy to promote equality of opportunity and treatment in employment and occupation based on the grounds listed in the Convention, and the specific contents and aims of this policy.

4. The Committee requests the Government to provide information on any action taken by the Commission for the Italian and Hungarian Minorities with regard to promoting employment and training opportunities for the members of these minority groups. Please provide similar information on other minority groups, if any.

5. With reference to article 65 of the Constitution concerning the status and special rights of the gypsy communities living in Slovenia, the Committee requests the Government to indicate whether any statute or other regulation has been enacted pursuant to this provision, and, if so, to provide a copy.

6. Please provide information on whether any action has been taken pursuant to article 159 of the Constitution to establish the office of Ombudsman responsible for the protection of human rights and fundamental freedoms or to appoint a special ombudsman for any particular matters. The Committee would also be grateful if the Government would provide information on the responsibilities and activities of the Council for the Protection of Human Rights, which was created by the Parliament of the Republic of Slovenia.

7. Noting with interest the establishment of the Office on Women's Policy, the Committee would be grateful if the Government would provide information on the methods of work that have been adopted by the Office to carry out its responsibilities, and on any activities that have been undertaken to promote equality of opportunity and treatment between men and women in vocational training, access to employment and particular occupations, terms and conditions of employment, and security of employment. Please also provide details on the manner in which the Office has carried out its duties in collaboration with other ministries and non-governmental organizations, including workers' and employers' organizations.

8. The Committee would be grateful if the Government would indicate the extent to which restrictions are placed on female applicants as compared to male applicants in vocational and higher education schools, including the special police school, on account of their sex, and any effort undertaken to ensure that sex-based restrictions, where found to occur, are eliminated.

9. Noting from the Government's report that women are granted the choice to retire five years prior to the normal date of retirement, the Committee would be grateful if the Government would indicate the rationale for not allowing men the same option and whether any consideration is being given to extending this option to men.

10. The Committee notes that in restricting night work for women, section 14 of the General Collective Agreement of 1990-92 prohibits night work for women when it is too physically hard or bad for their health, when it can be done by men, or if day work is not fully exploited or is badly organized. As this restriction goes beyond the scope of the Night Work (Women) Convention (Revised), 1948 (No. 89) which Slovenia has ratified, and which is limited to industrial undertakings, and appears to be based on objectives other than the protection of women, as is required under Article 5 of this Convention, the Committee requests the Government to indicate the circumstances in which this provision has actually been included in any collective agreement. It also requests the Government to provide copies of more recent general collective agreements.

11. With regard to the general restriction on women's employment in section 39 of the 1989 Act on fundamental rights, the Committee would be grateful if the Government would provide information on the types of work and employment where women are restricted or excluded from working, and indicate the basis for such restriction or exclusion.

12. Please provide a copy of the security clearance procedure mentioned by the Government in its report and any cases in which a person has claimed that his or her constitutional rights have been violated with regard to the application of this security clearance.

13. Please provide a copy of the most recent Penal Code, to which the Government referred in its report.