COMMITTEE ON ECONOMIC, SOCIALAND CULTURAL RIGHTSPre-sessional working group17-21 May 2004

IMPLEMENTATION OF THE INTERNATIONAL COVENANTON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

List of issues to be taken up in connection with the consideration ofthe initial report of SLOVENIA concerning articles 1-15 of theInternational Covenant on Economic, Social and Cultural Rights (E/1990/5/Add.62)

GE.04-42036 (E) 210604

I.GENERAL FRAMEWORK WITHIN WHICHTHE COVENANT IS IMPLEMENTED

A. General information

1.Please indicate the measures undertaken by the State party to raise awareness of the public at large as well as judiciary and other public authorities with regard to the rights set forth in the Covenant.

2.Please provide information about the impact of the reforms undertaken by the State party in preparation for accession to the European Union on the enjoyment of economic, social and cultural rights.

B. General legal framework within which the Covenant is implemented

3.Please indicate whether the International Covenant on Economic, Social and Cultural Rights is directly applicable and self-executing in the State party. Please provide examples of domestic case law, if any.

4.Please provide updated information on the Council of Human Rights and Fundamental Freedoms referred to in the core document (HRI/CORE/1/Add.35). Does this body, which was set up before the new Constitution was adopted, still exist? If so, please provide information on its membership, its functions and its relation with the Constitutional Court.

5.Please provide further information on the manner in which the ombudsman is appointed as well as the functions of the office, particularly in relation to economic, social and cultural rights. Please provide examples of cases brought before the ombudsman which concern these rights, if any.

6.The report suggests that the realization of some fundamental rights guaranteed by the Constitution may be regulated by special laws (page 14 of the initial report). Is this the case for economic, social and cultural rights?

7.Please indicate whether the State party has adopted a national plan of action for the promotion and protection of human rights, in particular economic, social and cultural rights. Please describe the main features of this plan.

II.ISSUES RELATING TO THE GENERAL PROVISIONSOF THE COVENANT (arts. 1-5)

Article 2.1: International cooperation

8.Please indicate the extent to which the State party takes account of its Covenant obligations when it embarks on negotiations with international financial institutions regarding economic programmes and development projects.

Article 2.2: Non-discrimination

9.The reference in the report to the prohibition of discrimination is very brief (page 10 of the report). In this regard please provide more detailed information regarding the situation of national minorities - including the “new minorities” - and on whether in practice they enjoy, on the basis of non-discrimination and equality, the rights set forth in the Covenant.

10.Please provide specific information on the results of the two governmental programmes supporting the Roma and please indicate how the State party plans to address the economic and social situation of the Roma, particularly regarding the rights provided for in the Covenant.

Article 3: Equality between men and women

11.Please provide more information on the practical consequences of the amendment of article 43 of the Constitution, aimed at guaranteeing equal opportunities for men and women in electoral matters, and the adoption of the Equal Opportunities for Women and Men Act. Further, please provide more information on the Equal Opportunities Office, its composition, its functions and whether it operates independently or not.

12.The report states that the Equal Opportunities for Women and Men Act is designed to remedy, inter alia, the inequality of wages between men and women, for example through the adoption of what is known as a horizontal approach (page 65 of the report). Please provide more information on the nature of this approach.

III.ISSUES RELATING TO SPECIFIC PROVISIONSOF THE COVENANT (arts. 6-15)

Article 6: The right to work

13.Please provide information on the results achieved through the implementation of the Employment Action Programme for 2000-2001and the National Programme for Labour Market Development and Employment by 2006.

14.Please provide disaggregated statistics on foreign workers, including their country of origin, and to what extent they enjoy the same opportunities and benefits in their employment as other workers in the State party.

15.In connection with table 42 of the initial report, please indicate which criteria are used in granting work permits for different durations (unlimited, one year or three years).

Article 7: The right to just and favourable conditions of work

16.Given that women earn lower wages than men, despite the adoption of the Equal Opportunities for Women and Men Act, what steps is the State party taking to ensure respect for the principle of equal pay for work of equal value?

17.Please provide updated information on how the minimum wage is set and indicate whether the minimum wage is commensurate to the cost of living.

Article 8: Trade union rights

18.Please provide updated statistics on the number of workers who are unionized, the number of trade unions in the State party as well as data on the frequency of strikes.

Article 9: The right to social security

19.Please provide information on any allowances received by elderly persons, and particularly women, who have not engaged in paid employment and consequently receive no old-age pension.

20.Please indicate the value of the pension of a person who has worked all his or her life until retirement age as a percentage of his or her final salary.

Article 10: Protection of family, mothers and children

21.Please describe in detail the legislative and other measures taken to combat the phenomenon of trafficking in women for purposes of sexual exploitation. Further, please indicate the situation of children who are trafficked for the purpose of illegal adoption in other countries and the measures taken by the State party to address this problem.

22.Please provide information on violence against children and the steps taken by the State party to combat this phenomenon.

Article 11: The right to an adequate standard of living

23.Please provide information, in line with the Revised Guidelines of the Committee for State reporting, on the extent of poverty, and the state of housing, sanitation, water facilities and homelessness.

Article 12: The right to physical and mental health

24.Please indicate steps taken by the State party to reduce mortality rates due to cardiovascular diseases, which is 20 per cent higher than the European Union average.

25.In the past 20 years cases of cancer have risen by 64 per cent among men and 51 per cent among women (page 159 of the report). Please provide details on this phenomenon and indicate any measures taken by the State party to address it.

26.Please provide information on public campaigns and education regarding sexual and reproductive health.

27.Please provide detailed information on the problem of suicide in the State party. Please also provide detailed information on the incidence of injury and poisoning.

Articles 13 and 14: The right to education

28.Please indicate the outcome of the educational reform initiated by the 1996 legislation.

29.Please provide information on human rights education at all educational levels as well as human rights training for judicial and other public authorities.

Article 15:The right to take part in cultural life, enjoy the benefits of scientificprogress and the protection of intellectual property

30.Please provide updated information on the use of minority languages in everyday life. In particular, please indicate to what extent are these languages used in education.

31.Please provide updated information on budget allocations for cultural activities.

-----