E/C.12/SVN/CO/2
Social exclusion of, and discrimination against, Roma
11.
The Committee is concerned about the limited progress in alleviating the precarious
situation of Roma communities despite some measures taken to that end. The Committee is
particularly concerned that Roma communities still encounter multiple forms of
discrimination in many areas covered under the Covenant, including access to employment,
housing and health services (art. 2, para. 2).
The Committee urges that the State party adopt a holistic approach in addressing all
forms of discrimination against Roma communities, implement existing and adopt
other effective measures to overcome the prevailing discrimination against Roma in
access to employment, housing and health services.
Discrimination on the grounds of sexual orientation and gender identity
12.
The Committee is concerned about the existence of several legal provisions that are
discriminatory against same-sex partners and their families, including in the Health Care
and Health Insurance Act, the Housing Act, the Code of Obligations, the Penal Code, and
the Marriage and Family Relations Act. The Committee is particularly concerned about the
retention of article 22 of the Registration of Same-Sex Partnerships Act, despite the
decision by the Constitutional Court (2013) ruling that it violated the right to nondiscrimination on the ground of sexual orientation (art. 2, para. 2).
The Committee recommends that the State party bring all its legislation into line with
article 2, paragraph 2, of the Covenant and with article 14 of its Constitution, which
explicitly prohibits discrimination on the basis of sexual orientation. The Committee
further encourages the State party to expedite the adoption of the draft law on samesex civil partnerships, as announced by the State party’s delegation. The Committee
draws the State party’s attention to its general comment No. 20 (2009) on nondiscrimination in economic, social and cultural life.
The “Erased”
13.
The Committee is concerned that, by July 2013, with the expiration of the amended
Act Regulating the Legal Status of Citizens of Former Yugoslavia Living in the Republic of
Slovenia, over 13,000 of the “erased” have not yet been able to restore their permanent
residence status in the State party. The Committee is concerned that, after the expiration of
the amended Act, many such persons remained with no legal avenues for restoring their
permanent residence status. The Committee is further concerned that the (2013) Act
Regulating Compensation for Damage to Persons Erased from the Permanent Population
Register (Compensation Act) excludes those who have not obtained legal status in the State
party, and provides for inadequate financial compensation (art. 2, para. 2).
The Committee recommends that the State party step up its efforts to restore the
rights of the “erased”, including by regulating their legal status and enabling them to
be reunited with their families. The State party is also encouraged to revise the
Compensation Act with a view to ensuring that all “erased” persons can claim
compensation under the Act without discrimination, and to raise the amount of
compensation.
Equality between men and women
14.
The Committee is concerned that austerity measures, in particular the reduction in
family allowance, have had a disproportionate effect on women, and that women,
particularly those with higher education, are at a greater risk of poverty and more likely to
be unemployed. The Committee is further concerned about the weak institutional
framework for the promotion of equality, and regrets the limited information provided on
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