Stop Violence Against Women
Legislative Trends and New Developments
last updated March 23, 2004

During the 620th and 621st meetings of CEDAW, representatives of the Slovene government discussed recent legislative reforms. The Equal Opportunities Act of 2002 defines sex discrimination and provides means of eradicating both direct and indirect forms of discrimination. Direct discrimination is found when an individual has been, could be or is treated less favorably than an individual of the opposite gender in the same or similar situation (Article 5(2)). Indirect discrimination is found when an individual is placed in less favorable circumstances as a result of seemingly neutral provisions, treatment or standards, unless those provisions, treatment or standards are "relevant, necessary and justified by objective facts not related to gender" (Article 5(3)).  

The Employment Relations Act (PDF, 85 pages), which entered into force on 1 January 2003, prohibits direct and indirect discrimination, places the burden of proof on the employer, and holds the employer accountable for damages. Article 6 prohibits direct discrimination based on several protected grounds, including sex. It prohibits and defines indirect discrimination as "apparently neutral provisions, criteria and practice would put persons of certain sex, race, age, health or disability, religious or other conviction, sexual orientation or national origin at disadvantage, unless such provisions, criteria and practice are objectively justified, appropriate and necessary." Article 6 also requires the employer to provide equality to both women and men with regard to hiring, training, promotion, education, salary, work conditions and hours, time off, and termination. Article 45(1) prohibits sexual harassment and requires the employer to provide "a working environment in which none of the workers is subject to employer's, superior's or co-worker's undesired treatment of sexual nature including undesired physical, verbal or nonverbal treatment or other sexually based behaviour which creates intimidating, hostile or humiliating relationships and environment at work and offends the dignity of men and women at work." Article 229 holds the employer liable for a minimum fine of ST 1,000,000 for unequal treatment (Article 229(1)) or failing to protect workers against sexual harassment (Article 229(6)). In addition, the representatives noted that the National Assembly adopted a provision in 2002 ensuring that legislation use non-sexist language.

With regard to trafficking, a draft amendment to Article 387(a) of the Criminal Code would explicitly criminalize trafficking in persons. Trafficking for purposes of sexual exploitation, servitude or organ transplantation would be punishable by one to ten years' imprisonment. The minimum sentence increases to three years if the trafficking involves a juvenile victim or an organized criminal group or is committed by force, threat, "infatuation," kidnapping, or abuse of authority. Slovene representatives at the CEDAW meetings noted that prostituting oneself is no longer considered a misdemeanor, and, while prostitution is still prohibited, prison sentences may no longer be imposed on prostitutes.

On 26 February 2004, the Slovene National Assembly voted to require a forty percent female quota in the upcoming June European Parliament election ballot. The legislation also requires that at least one female candidate be included in the top half of the list.

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