Human Rights Committee

List of issues prior to submission of the fourth periodic report of Slovenia *

A.General information on the national human rights situation, including new measures and developments relating to the implementation of the Covenant

1.Please provide information on any significant developments in the legal and institutional framework within which the human rights enshrined in the Covenant are promoted and protected that have taken place since the adoption of the Committee’s previous concluding observations. Please provide information on procedures put in place and measures taken to implement the Committee’s recommendations.

B.Specific information on the implementation of articles 1 to 27 of the Covenant, including with regard to the previous recommendations of the Committee

Constitutional and legal framework within which the Covenant is implemented (art. 2)

2.Please provide information on measures taken to give full effect to the provisions of the Covenant in national legislation and to raise awareness of the Covenant and the Optional Protocol among judges, lawyers, prosecutors and the public in general. Please also provide examples of cases in which the Covenant has been invoked or applied by national courts. Please indicate what measures have been taken by the State party to enable the Human Rights Ombudsman of Slovenia to discharge its functions fully and in line with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles).

Racism and xenophobia, including hate speech (arts. 2, 19, 20, 26 and 27)

3.Please indicate all measures taken to ensure respect for the principle of non‑discrimination, aimed at countering, preventing and condemning hate crimes, hate speech, and other acts of discrimination, stigmatization and violence, including on online forums and by political figures, particularly against migrants, Roma, Muslim women and LGBTQ persons. Recalling the previous concluding observations (para. 8) and the evaluation of the information on follow-up to the concluding observations on the report of the State party, please provide information regarding: (a) the concrete impact of the Advocate of the Principle of Equality in preventing and effectively responding to all cases of discrimination; and (b) any efforts made to adopt a clear and comprehensive strategy on the prevention and elimination of discrimination. Please explain the steps taken to eliminate discrimination based on religion, in particular the wearing of religious clothing or symbols at the workplace.

4.With respect to the previous concluding observations (para. 8) and the evaluation of the information on follow-up to the concluding observations on the report of the State party, please indicate measures taken to promote respect for human rights and diversity among professionals working in institutions for marginalized and vulnerable people, and among the general public, and to raise awareness that hate speech is prohibited by law. In view of the previous concluding observations (para. 8), please describe steps taken to ensure that there is an easily accessible system of transparent and effective legal remedies for victims of discrimination and to improve the reporting of and the legal responses to cases of discrimination. Please provide information regarding measures taken to provide adequate training to legal professionals and law enforcement officials, including police officers, lawyers and judges, on how to treat hate crime victims.

Discrimination against lesbian, gay, bisexual and transgender persons (arts. 2, 19, 20 and 26)

5.Please describe measures taken to eradicate and prevent all forms of discrimination prohibited by the Covenant, and in particular to combat stigmatization, harassment and violence against persons based on their sexual orientation and gender identity. In connection with the previous concluding observations (para. 10), please provide information regarding measures taken to ensure that all lesbian, gay, bisexual and transgender persons are guaranteed equal rights in law and in practice, including efforts made to adopt legislation on the legal recognition of gender markers for gender-affirming care. Please also describe efforts made to combat stereotypes and prejudice against such persons or families, including by launching awareness-raising campaigns in close cooperation with civil society organizations.

Discrimination against Roma (arts. 2, 3, 6, 24, 26 and 27)

6.Please describe measures adopted to ensure non-discriminatory access to public services in all fields and at all levels for members of the Roma people, including effectively combating and preventing any residential, educational and healthcare-related segregation. Please provide information regarding measures taken to eliminate discriminatory stereotypes of Roma people, including regarding employment, and to raise awareness of the prohibition of all forms of discrimination against Roma people. Please also provide information on efforts made to address stigmatization and prejudices against Roma people.

7.Recalling the previous concluding observations (paras. 23 and 24), please provide information on efforts made to engage with representatives of different Roma communities, and to improve the functioning of the Roma Community Council and the representation on the Council of diverse Roma communities, and on measures taken to increase the participation of Roma in public life and decision-making progresses. In connection with the previous concluding observations (paras. 23 and 24), please provide information regarding efforts made to repeal the distinction between “autochthonous” and “non-autochthonous” Roma communities. Please provide information regarding the efforts made to ensure non‑discrimination in the education of Roma pupils and students as well as to increase their integration into mainstream education.

8.In light of the previous concluding observations (para. 24), please describe measures taken to ensure that the prohibition of child and forced marriage is implemented and enforced. Please provide information regarding efforts made to strengthen awareness-raising programmes among the Roma community concerning the harmful impact of forced marriage and to increase the reporting and identification of cases of forced marriage.

Recognition of “erased” persons (arts. 2, 16 and 26)

9.Recalling the previous concluding observations (paras. 21 and 22), please provide updates regarding proposed legislation that could restore permanent residency for all “erased” persons (citizens of former Yugoslav republics who were removed from the State party’s official registry of permanent residents when it declared independence). Please also describe efforts made to ensure that all “erased” persons are provided with full and effective reparation, including restitution and compensation.

Gender equality (arts. 3 and 26)

10.Recalling the previous concluding observations (paras. 11 and 12), please provide information regarding efforts made to further strengthen the participation of women in the public and private sectors, including in senior and managerial positions and on the boards of private enterprises. Please also provide information on the steps taken to narrow the gender pay gap and to address stereotypes and biases concerning the social and family roles of women and men.

Violence against women, including domestic violence (arts. 2, 3, 6, 7 and 26)

11.Please outline measures taken: (a) to ensure effective prevention measures and early identification of all forms of violence against women, including by increasing research and data collection efforts regarding the extent, root causes, consequences and signs of violence against women; (b) to encourage and facilitate the reporting of cases of violence by victims, including by combating social stigma and increasing victims’ access to justice; (c) to ensure adequate funding for victim support services and the availability of shelters throughout the country, especially for victims of domestic violence and their children; and (d) to ensure that perpetrators are prosecuted and, if convicted, are punished with adequate sanctions and that victims are compensated. In view of the previous concluding observations (para. 14), please provide information on efforts made to ensure that victims of violence have adequate and equal access to protection and legal, psychosocial and medical assistance. Please describe steps taken to address misconceptions about the meaning and nature of sexual consent, particularly among young people.

12.Please provide information regarding measures taken to strengthen the training of professionals, in particular law enforcement officials, medical personnel, emergency responders and counsellors, in dealing with victims of violence, including sexual violence, stalking, psychological violence and sexual harassment. In connection with the previous concluding observations (para. 13), please provide information regarding: (a) the steps taken to create a permanent mechanism to coordinate and monitor the effectiveness of measures taken to combat violence against women; and (b) efforts made to improve data collection systems on complaints, investigations, prosecutions and convictions in cases of violence against women, including domestic and sexual violence. Please also explain steps taken to combat sexual harassment of women, including at the workplace.

Elimination of slavery, servitude and trafficking in persons (arts. 2, 7, 8 and 26)

13.Please provide information on measures taken to prevent and fight human trafficking, and forced labour and servitude, including early identification and specialized assistance for survivors of trafficking and those at risk of being trafficked, particularly asylum-seekers, women and children. In connection with the previous concluding observations (paras. 19 and 20) and the evaluation of the information on follow-up to the concluding observations on the report of the State party, please describe efforts made to develop a formal mechanism to identify persons in vulnerable situations in the migration flow, including children, women and girls, and victims of labour trafficking. Please provide statistics on the number of cases of trafficking, of investigations and prosecutions and of criminal convictions secured, as well as on sanctions imposed and restitution or compensation provided to victims.

14.Recalling the previous concluding observations (paras. 19 and 20), please outline steps taken to ensure: (a) that victims of trafficking are provided with adequate assistance, including long-term State-funded assistance, support, protection and rehabilitation, including access to legal aid, counselling and healthcare, regardless of their legal status and whether they cooperate with law enforcement authorities in investigations and criminal proceedings; and (b) that law enforcement officials and other relevant professionals are properly trained in the appropriate standards and procedures to proactively identify and assist victims. In response to the evaluation of the information on follow-up to the concluding observations on the report of the State party, please describe the concrete impact of the PATS Project (“Introducing a mechanism for identifying, assisting and protecting victims of human trafficking and/or sexual abuse in the procedures for granting international protection in Slovenia”) in identifying and protecting victims of human trafficking. Please provide information, including statistical data, covering the reporting period, on the number of complaints of trafficking in persons received, and the number of investigations conducted, and their outcome, including the sentences handed down to perpetrators.

Prohibition of torture and other cruel, inhuman or degrading treatment or punishment (art. 7)

15.Please also provide information on efforts made to remove the statute of limitations for the offence of torture in article 90 of the Criminal Code and measures taken to ensure that minimum penalties for acts of torture are commensurate with the gravity of the crime. Please describe the measures taken to collect disaggregated data on the number and nature of incidents of torture and ill-treatment in police custody, as well as on the number of convictions, sentences imposed on perpetrators and remedies for victims.

Treatment of persons deprived of their liberty (arts. 2, 7 and 10)

16.With reference to the previous concluding observations (paras. 25 and 26), please provide updated information on progress made in: (a) improving living conditions in prisons, including sanitary conditions, and in crisis centres for children; (b) reducing overcrowding, including at Ljubljana Prison and in crisis centres for children; and (c) increasing the number of prison staff to ensure that the treatment of persons deprived of liberty fully adheres to the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). Please report on efforts made to ensure access to adequate healthcare services in places of detention and correctional institutions, including reasonable accommodations for older persons and persons with disabilities. Recalling the previous concluding observations (para. 26), please also report on further progress made to construct new prison facilities and to increase the use of alternative measures that could replace detention and imprisonment.

17.Please comment on reports of a significant increase in the amount of violence against residents of care homes and psychiatric institutions, including by staff at the Psychiatric Clinic of the University of Ljubljana. In this regard, please provide information regarding measures taken to ensure the safety of residents in care homes and psychiatric institutions – including increasing the number of staff, strengthening training and education provided to staff and professionals, and improving living conditions and overcrowding, treatment and care towards patients. Please describe efforts made to ensure that institutional care is a method of last resort.

Treatment of migrants, refugees and asylum-seekers (arts. 6, 7, 9, 12, 13 and 24)

18.Recalling the previous concluding observations (para. 16) and the evaluation of the information on follow-up to the concluding observations on the report of the State party, please describe how measures implemented by the State party to respond to the significant influx of migrants, refugees and asylum-seekers comply with the State party’s obligations under the Covenant. Please provide information on alternatives to detention implemented by the State party, including measures adopted to end the detention of families with children and of unaccompanied children. Please describe how the Aliens Act, including articles 10 (1) and (2) which are triggered during a “complex migration crisis”, respects the principle of non‑refoulment.

19.Please respond to reports of violent pushbacks of migrants and asylum-seekers by border police into the territory of Croatia and other neighbouring countries, resulting in a denial of access to asylum. In connection with the previous concluding observations (paras. 15 and 16) and the evaluation of the information on follow-up to the concluding observations on the report of the State party, please report on the measures taken to ensure access to the territory for persons seeking international protection, including updates regarding the removal of the razor wire fence along the State party’s border with Croatia. Please describe efforts made to confirm that applications for international protection are determined on a case-by-case basis, in respect of the non-refoulement principle, by trained and specialized legal professionals, and that individuals have free access to adequate legal representation and interpretation services throughout the entire procedure, including during any emergency situation or “complex migration crisis”.

20.Please comment on reports of: (a) gender-based violence in asylum homes and shelters, including the rape of a child at the Asylum Centre in Ljubljana; and (b) the lack of separation of unaccompanied minors from adult asylum-seekers and their disappearance from the care of the State party. Please provide information on procedures in place to ensure the safety of unaccompanied minors. Please provide information on measures taken to ensure that the definition of “stateless person” complies with the 1954 Convention relating to the Status of Stateless Persons, to establish a statelessness determination procedure, and updates regarding the State party’s intention to accede to the 1961 Convention on the Reduction of Statelessness.

21.Please provide information on measures taken to prevent and address: (a) extreme overcrowding in asylum reception centres and shelters, including in Ljubljana; and (b) extremely poor and unsafe reception centre conditions, including at the Novo Mesto Police Station for Compensatory Measures. Please describe the support provided to those living in refugee camps and asylum centres and shelters, including food supply, healthcare services, psychological support and legal counselling services. Please describe efforts made to decrease the backlog of processing of cases and the lengthy application processing times, including for the asylum procedure and for family reunification permits.

Access to justice, independence of the judiciary, and right to a fair trial (arts. 2 and 14)

22.Please provide information regarding steps taken: (a) to ensure effective access to the legal aid system, including adequate translation and interpretation assistance in detention and correctional institutions; (b) to reduce backlogs; and (c) to address the excessive length of court proceedings. Please provide information regarding the implementation of decision No. U-I-772/21, dated 1 June 2023, which concluded that the regulation of judges’ salaries was inconsistent with the constitutional principle of judicial independence. In connection with the Committee’s general comment No. 32 (2007), please describe all measures taken to protect the presumption of innocence, including efforts made to ensure that the judiciary acts independently and decides matters on the basis of facts and in accordance with the law. Please also provide an update regarding whether the State party intends to adopt the envisaged Juvenile Justice Act.

Freedom of expression (art. 19)

23.Recalling the previous concluding observations (para. 32), please provide information on measures taken to decriminalize defamation. Please also describe efforts made to strengthen the editorial independence of the media, to protect journalists and human rights defenders against any form of surveillance, intimidation, harassment or attack and to promptly investigate all such attacks and bring those responsible to justice. Please describe all steps taken to ensure that the right to freedom of expression is properly enforced in practice such that it remains compatible with article 19 of the Covenant and the Committee’s general comment No. 34 (2011).

Peaceful assembly (arts. 7 and 21)

24.Please comment on reports of excessive use of force by police during protests, including against juveniles. In this regard, please provide information on investigations into the protest of 5 October 2021, where police officers used a water cannon and tear gas to disperse protesters. Please also provide information regarding the State party’s actions to ensure the safety and well-being of protesters, particularly in response to statements made by (former) public officials to take photos of protesters showing support for the State of Palestine, because they might be “terrorists”.