COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REVIEWS INITIAL REPORT OF SLOVENIA
The Committee on Economic, Social and Cultural Rights has reviewed the initial report of Slovenia on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report was Marjeta Cotman, State Secretary at the Ministry of Labour, Family and Social Affairs of Slovenia, who said since her country had gained independence, it had been building its society gradually with the aim of integrating itself into the world and most particularly into the European Union. Slovenian legislation advocated for social protection of all, including the elderly and persons with disabilities. The country was a welfare State.
Ms. Cotman said the State provided special care and protection for vulnerable groups such as children and minorities. A portion of the State budget was allocated to cultural activities, which embraced all sectors of the society. The Government attached great importance to gender equality, and for that purpose it had defined involvement and tasks for all sectors of the State authorities. Equal opportunities in employment for men and women had been stressed through a series of measures adopted by the Government.
During the discussion, which was held over three meetings, Committee Experts raised questions pertaining to, among other things, the situation of minorities such as the Roma, religious freedom, regional economic disparities, the rights of persons from other Republics of the former Federal Republic of Yugoslavia who had registered permanent residence in Slovenia at the time of the plebiscite, and the role of the Constitutional Court.
The Committee will issue its concluding observations and recommendations on the report of Slovenia at the end of its three-week session on 25 November.
Other members of the Slovenian delegation included representatives of the Ministry of Justice, Ministry of Culture, Ministry of the Interior, Ministry of Health, Office of Nationalities, Office for Equal Opportunities, and the Permanent Mission of Slovenia to the United Nations Office at Geneva.
When the Committee reconvenes at 3 p.m. this afternoon, it will begin its consideration of the third periodic report of Austria (E/1994/104/Add.29).
Report of Slovenia
The initial report of Slovenia (E/1990/5/Add.62) outlines the administrative, legislative and policy measures the State party has put in place in order to bring its national laws and policies in line with the provisions of the International Covenant on Economic, Social and Cultural Rights. The report acknowledges that until 2002, Slovenia’s Constitution and legislation contained only provisions preventing discrimination on the basis of gender, but positive actions that could guarantee equal opportunities to enjoy human rights and to fulfil personal potentials with which a contribution is made to social development have not yet been included in the legislative framework with the full potential. Efforts and commitments are needed to stimulate the full participation of both sexes throughout society.
In Slovenia, the principle of equality before the law or the principle of legal equality is established as one of the fundamental human rights and freedoms, the report notes. The Constitution provides that everyone shall be guaranteed equal human rights and fundamental freedoms, irrespective of national origin, race and sex, among other things. Slovenia was the first of the Central and Eastern European countries to begin preparations for implementing the strategy of gender mainstreaming. The Constitution provided for the general principles of equality before the law, incorporating a prohibition on discrimination based on various factors.
With the aim of effectively tackling the problem of violence against women, penal legislation was amended, the report says. In Slovenia's criminal law, domestic violence did not represent a special criminal act, but was incorporated under certain crimes of defamation and slander.
Presentation of Report
ANDREJ LOGAR, Ambassador and Permanent Representative of Slovenia to the United Nations Office in Geneva, said in the human rights area, his country had a standing practice of regular consultations with the non-governmental community. His Government was looking forward to the possibilities of improving the implementation of economic, social and cultural rights in Slovenia.
MARJETA COTMAN, State Secretary, Ministry of Labour, Family and
Social Affairs of Slovenia, regretted the delay in submitting the State party’s initial report. She said Slovenia, since it became independent, had built its society gradually with the aim of integrating itself into the world and most particularly into the European Union. The Slovenian legislation was advocating for social protection for all, including the elderly and persons with disabilities. The country was a welfare State. The Constitution provided for the freedom of ownership of property and for the right to work, including by foreigners. The right to establish trade unions was also ensured for all.
The State provided special care and protection for vulnerable groups such as children and minorities, Ms. Cotman said. A portion of the State budget was allocated to cultural activities, which embraced all sectors of the society. Further measures were adopted to allow minorities and migrants to enjoy cultural activities. In June this year, the Government adopted a resolution for equal opportunity for men and women for the period of 2005 to 2013. The Government attached great importance to gender equality, and for that purpose it had defined involvement and tasks for all sectors of the state authorities. The equal opportunity in employment for men and women had been stressed through a series of measures adopted by the Government.
With the amendment of article 43 of the Constitution on gender equality, equality between the sexes had been ensured, Ms. Cotman said. Slovenia put great importance on preventive measures against domestic violence. In primary schools, special courses had been organized to increase child awareness on the issue of violence. Publications on violence prevention measures had also been widely distributed to all schools. Further guidelines were also issued to State authorities on the prevention of domestic violence and on how to deal with it. A number of non-governmental organizations were actively participating in the efforts to prevent violence. The Government continued to allocate financial assistance to strengthen rehabilitation centres for victims of violence. The law had also been reinforced to prosecute perpetrators of the act.
Discussion
Questions by Experts
An Expert asked how Slovenia would assume its claimed welfare State within the context of the International Covenant on Economic, Social and Cultural Rights. Did the State have cases before the courts relating to the implementation of the provisions of the Covenant? Was the State party intending to establish an independent human rights commission? He appreciated the equality of the delegation which comprised a large number of women.
Another Expert said the report had given a detailed account of the rights of the Roma; however, other sources had painted different conditions for that minority. The State party had officially recognized the Italian and Hungarian minorities, while the Roma community had not been recognized. The Italian and Hungarian minorities had the right to go to bilingual schools and could be elected to the national assembly. The Constitutional Court had decided against the measures of the Government to deprive individuals of their citizenship. What follow-up was given to the Court’s decision?
An Expert asked if information was available on gender equality for women in minority communities. What administrative or criminal procedures were put in place against sexual harassment? Did the Government take affirmative measures to redress de facto discrimination against women?
Another Expert asked about the existence of regional disparities and the measures taken to redress the situation? The steps taken to assist the Roma population had been commented on in the report. What was the impact of the law to assist the Roma population with regard to education, employment and living standards?
An Expert said the Ombudsman's Office had a heavy workload because it dealt with all sorts of human rights issues. The workload might be reduced if cases were addressed directly to the Constitutional Court.
One Expert said the budgetary allocation for education had been increasing from year to year, which was a remarkable achievement for a State party that had recently become independent. The Constitutional Court could declare a regulation as null and void. How many cases had so far been declared as such?
Response by Delegation
The delegation of Slovenia said since the State party became independent in 1991, about 10,000 cases had been dealt with in the Constitutional Court, among which less than 10 per cent that dealt with individual constitutional complaints were successful.
Slovenia was a welfare State where the minimal social security obligations were assumed by the State and not by the individual, the delegation said. More emphasis was put on economic growth in order to achieve results in social transfers. All groups in the society were ensured access to employment and social benefits.
The legal provision for gender equality was complete and comprehensive, the delegation said. The law not only ensured equality between men and women but also provided for the construction of structures to further promote the participation of both sexes at all levels. In the political sphere, amendments were made to balance equal representation in all elected offices. In the European Parliament, 42 per cent of Slovenian deputies were women. The list of candidates to local and national legislative bodies should be balanced to represent women and men on an equal basis. Gender representation was also reflected in public offices and in State-owned enterprises. Female Roma representation was also being encouraged through dialogue and awareness increasing programmes.
International treaties were directly applicable into the domestic jurisprudence, the delegation said. Slovenian courts could directly quote the provisions of the Covenant in their rulings. In 1996, the Constitutional Court had ruled that the right to strike was part of the human rights provided for by the Constitution. However, that did not affect the adoption by the Government of a law restricting the right to strike with the purpose of safeguarding national security.
The work of the Ombudsman in Slovenia was important, and it was mandated to carry out inquiries, the delegation said. The Office had no judicial or administrative powers. Although it prepared annual reports on its activities and made recommendations, not all of them were immediately accepted by the State authorities, but the authorities were obliged to discuss them and adopt relevant decisions.
With regard to regional vulnerability and differences, the delegation said the eastern part of the country used to be heavily industrialized, but it later suffered from economic decline. At present, it represented the lower economic growth at the national level. The Government was attributing 70 per cent of the European restructural fund to those regions in order to stimulate economic growth. Over the past two years, financial assistance had been channelled to the regions where the unemployment rate was higher than the national average.
A number of foreigners had taken legal permanent residence in the country since Slovenia became independent, the delegation, said. However, in 1999, a new law was adopted to allow residents to obtain Slovenian citizenship and many of the residents were citizens of the former Federal Republic of Yugoslavia. The number of people who were expelled after failing to meet the criteria was not known.
The Government of Slovenia was taking the issue of the Roma population very seriously and was concerned about the welfare of the members of the community, the delegation said. Following the break down of the former Federal Republic of Yugoslavia, Slovenia continued to embrace the Roma community in the country by providing the members with the necessary protection. So far, the Government had taken a series of measures relating to the protection of the Roma community, including in the field of education, employment and welfare. The measures taken to promote and protect the Roma population went beyond those taken by other countries where Roma lived. The Roma in Slovenia enjoyed all the rights as the rest of the population.
Questions by Experts
On the issue of unemployment, an Expert asked if the rate of unemployment had declined in the country. He asked if the minority groups in the country suffered from more unemployment than the general population. With regard to labour courts, the Expert asked if the labour judges were qualified individuals with competence to sit in the courts. With regard to the right to strike, what specific sectors were excluded from such strikes? Were minimum provision of services requested during strikes?
Other Experts also raised questions on combating trafficking in human beings; the number of cases brought to justice; the improvement made to pensions for elderly people; the extension of maternity leave; the unemployment figures for 2003 and 2004; employment of persons with disabilities; and the intention of the State party to ratify ILO Convention 174 on the prevention of industrial toxic materials.
An Expert said that Slovenia was serving both as a country of origin and transit for trafficked persons. She requested statistics on the number of trafficked persons and those involved in trafficking.
Raising a similar question on trafficking of human beings, another Expert asked about the measures taken to strengthen the prevention of the crime of trafficking. On the issue of domestic violence, the Expert asked if the law was strictly implemented and victims compensated. What kind of social assistance existed for older people?
On violence against children, one Expert said the age of consent for sexual intercourse was 15. The punishment for transgressing that law with regard to children below the age of 10 was more than three years. What was meant by sexual integrity, which the report widely mentioned?
The delegation was also asked by an Expert why the State party did not ratify the ILO Conventions 117 and 118 on social policy.
Response by Delegation
The rate of youth unemployment was higher than for other age groups, the delegation said. However, the overall unemployment rate for 2004 was inferior to the previous year - it was 10.6 per cent in 2004 and 11.2 per cent in 2003. The prevention of illegal work was monitored by the inspectorate department of the Ministry of Labour, in conjecture with other State agencies. With regard to the impact on the labour market of Slovenia’s accession to the European Union, the delegation said it had shown positive trends in increasing employment. The labour market in Slovenia was not threatened. Regional disparities in employment had also been abridged. The employment of persons with disabilities was among Slovenia’s priorities.
The right to freedom of trade unions was strong in the country, the delegation said. The legislation in that area was clear and provided full guarantees to the trade unions. However, certain areas such as transportation systems were protected from being totally hindered by a strike. The right to strike was consistent with the rights enshrined in the Covenant.
The minimum wage was the subject of tripartite negotiations among social partners with the Government, the delegation said. The minimum wage took into account the increase in consumer prices.
With regard to the citizens of the former Federal Republic of Yugoslavia, the delegation said that compensation and pensions were paid to the citizens of other States even if they left Slovenia. Bilateral agreements had been reached between the former entities of the former Yugoslavia on the issue of transfer of pensions to their respective citizens. Those who worked in Slovenia and left to settle in other countries received their pensions.
Responding to the issue of disparities in salaries between men and women, the delegation said the gap had decreased to 10 per cent. Further measures were being taken to mainstream gender equality in employment and salaries. In many cases women took employment in sectors with lower average remuneration or occupied lower positions.
Violence against children was the subject of provisions of the criminal code, applicable to all criminal offences, the delegation said. The offence of sexual intercourse with children under 15 was fixed from three to 15 years imprisonment.
Crimes of trafficking in human beings were severely punished with up to 10 years imprisonment, the delegation said. The State attorney dealt with the perpetrators. The penalties might be aggravated when a case involved children, which was also considered as an act of kidnapping. An inter-ministerial group and international organizations were working towards the prevention of human trafficking.
On the issue of illegal adoptions, the delegation said the law regulated adoption and it provided for international adoption when domestic adoption possibilities were scarce. At present, there were about 200 applicants per year for adoption. All adoption process started at the social centres where adoptive parents presented they cases. Local parents who adopted children under the age of one year enjoyed maternity leave as other biological parents.
A national programme against domestic violence would be adopted before the enacting of a special law on the prevention of such violence, the delegation said. An expert council was preparing all the necessary legal text to be adopted by the Government.
Questions by Experts
An Expert said Slovenia had put in place programmes to fight cardiovascular diseases. What further measures were being taken at the level of food and other dietary precautions? What steps were being taken against food poisoning?
On the issue of general education, another Expert said the report had indicated the high rate of dropouts in vocational schools. What were the reasons behind such a problem in the educational system? With regard to financing and subsidies, the Expert asked if the educational system was fully financed. What was the importance of civil education and ethics? What was the rate of success achieved in the fight against adult illiteracy?
Another Expert requested information on the programme for the protection and conservation of the environment, including air pollution in cities and other industrial areas.
An Expert asked how the State party determined the pensions to be transferred to individuals living in other countries. Another Expert said given the diversity of the country, Slovenia should have ratified ILO Convention 169 on the protection of the rights of indigenous populations. He wanted to know why Slovenia had not yet ratified that Convention.
Response by Delegation
The Government of Slovenia had no plans to ratify International Labour Organization (ILO) Conventions Nos. 174, 117 and 118, the delegation said. It had however ratified 74 other ILO Conventions, among them all of the fundamental ones.
The authorities had taken preventive measures against suicide. Medical doctors were also trained to detect the causes leading to suicide. A national programme for the prevention of suicide in Slovenia was among the various documents prepared by the Government to fight suicide. The programme provided an opportunity to address a wide range of issues relating to suicide and preventive public health action. The number of suicides in the country in 2002 was 540 and 581 in 2001.
On education, the delegation said the State had put more emphasis on strengthening the education system. More funds were made available for the expansion of schools in all areas and the number of trained teachers was still increasing. Incentives were provided to students to stay in schools, while vocational training facilities were expanded to provide professional opportunities to students. Adult education was financed from the national budget with a smaller share provided by local communities. The State funded high education institutions, including private ones.
The individual departments for Roma children in regular schools, which were a rare phenomenon even in the past, had now been completely abandoned and the Roma children were included in classes with all other children, the delegation said. In 2004, the Government had adopted a programme to promote Roma education. A national plan of action had also been put in place in order to achieve better integration of Roma children in the education system. Roma children were also offered the opportunity to learn in their own language. Slovenia had also put a lot of effort in Roma adult education.
Religious freedom was guaranteed in Slovenia and the State was not intervening in the activities of religious groups, the delegation said. Religious communities should, however, be registered to be recognized to perform appropriate transactions in economic life. The Constitution and the 1976 law emphasized the separation of State and religious communities, and the obligations of religious communities to register were in place in order for them to be able to operate officially in economic and legal transactions.
The rate of poverty had been decreasing since 1997 and was lower than the European Union 15 average, the delegation said. At present, there were about 200,000 persons living below the poverty threshold, which was set at 4,742 euro per annum.
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