Committee on the Rights of the Child

Combined fifth and sixth periodic reports submitted by Slovenia under article 44 of the Convention, due in 2018 * , **

[Date received: 22 June 2021]

Introduction

1.Pursuant to the provision of the first paragraph of Article 44 of the Convention on the Rights of the Child (hereinafter referred to as the CRC), to which the Republic of Slovenia (RS) is a contracting party, on the basis of succession (Notification of succession in respect of United Nations Conventions and conventions adopted by IAEA, Official Gazette of the RS, No. 35/92), RS submits its fifth and sixth periodic progress reports on the implementation of the CRC (hereinafter referred to as the report).

2.The report has been prepared in accordance with the Guidelines adopted by the UN Committee on the Rights of the Child (CRC/C/58/Rev.3; hereinafter referred to as the Committee) on the form and content of the report in March 2015.

3.The report refers to the Concluding Observations on the combined third and fourth periodic reports of the RS, which were adopted by the Committee at its 1815th meeting session on 14 June 2013. The report covers the period from June 2013 to January 2021. In addition, the report contains replies to the Committee’s recommendations regarding the Optional Protocol to the CRC on the sale of children, child prostitution and child pornography, as well as the Optional Protocol to the CRC on the involvement of children in armed conflict.

4.The combined fifth and sixth periodic reports were coordinated by the Ministry of Labor, Family, Social Affairs and Equal Opportunities (MDDSZ). The following ministries were involved its drafting: Ministry of foreign affairs (MZZ), Ministry of the environment and spatial planning (MOP), Ministry of the interior (MNZ), Ministry of infrastructure (MZI), Ministry of finance (MF), Ministry of public administration (MJU), Ministry of justice (MP), Ministry of education, science and sport (MIZŠ), Ministry of agriculture, forestry and food (MKGP), Ministry of health (MZ), Ministry of culture (MK), Ministry of economic development and technology (MGRT), Ministry of defence (MORS), Government office for national minorities (ONM) and Government office for the support and integration of migrants (UOIM).

Follow-up information on the concluding observations (CRC/C/SVN/CO/3-4)

I.General implementing measures (Articles 4, 42 and the sixth paragraph of Article 44 of the Convention)

A.Legislative, administrative and other measures for the implementation of the CRC (Article 4)

5.RS places respect and fulfilment of the rights of the child among its priorities. With the aim of implementing the priorities regarding the rights of the child and on the basis of the Committee’s recommendations, RS updated its legislation and adopted a number of strategic and programming documents during the period between 2013 and 2020. The most relevant were:

•The Family Code (DZ) according to which children enjoy special protection and which has brought about an improvement in the situation of children;

•The Resolution on the Family Policy 2018–2028: “A Society Friendly to All Families” (ReDP18-28), within the context of which it set out the basic goals and measures in the field of family policy, which will ensure the well-being of children and improve the quality of family life (Table 1);

•The amendment to the Domestic Violence Prevention Act (ZPND), which provides greater protection for victims of domestic violence, in particular children;

•The Programme for Children 2020-2025 (PO20-25), with which the state strives to raise the level of well-being of children, ensure equal opportunities and rights for all children, strengthen safety and security, and improve the opportunities for participation and inclusion of children;

•The amendments to the Criminal Code (KZ) redefine certain criminal offences (against sexual integrity) and provide even greater protection for children.

6.These and other changes in regulations and relevant measures are substantively described in the chapters to which they belong with regard to substance (more descriptions of activities in Tables).

Information relating to paragraph 81

7.RS has taken appropriate measures to ensure the full implementation of the Committee’s recommendations. In the case that any of the recommendations are not fully implemented, the reply also contains additional explanations.

8.The Government of the RS, ministries and other relevant institutions have taken not of the Committee’s recommendations.

Information relating to paragraph 7

9.RS has taken all necessary measures to regulate the issues raised by the Committee within the context of concluding observations of the second periodic report according to the CRC. The issue is presented through various chapters, namely within the context of the replies to which each topic belongs in terms of substance. The issue of alimony is presented in the replies to recommendations No. 47 a), f) and g) and Chapter VI. E); the issue of coordinating the implementation of the CRC is presented in the reply to recommendation No. 13 and Chapter I. a; the issue of violence against children is presented in Chapter V; the issue of child trafficking is presented in the replies to recommendations No. 72 a), b), c) and d) and Chapters V. b), X. b), d), e), g); the issue of differentiation is presented in the replies to recommendations Nos. 25, 53 and 65.

Information relating to paragraph 9

10.National legislation is in line with the provisions of the CRC. In 2017, RS adopted DZ, which regulates marriage, cohabitation, relations between parents and their children, assistance provided by the state in cases of difficulties in cohabitation and family life, measures to protect the best interests of the child and maintenance obligations, adoption, granting of parental responsibility to a relative, foster care and guardianship for children and other adult persons requiring special protection. With the entry into force of DZ, Marriage and Family Relations Act ceased to be in force.

Information relating to paragraph 11

11.The Programme for Children and Youth 2006-2016 (POM) was updated in 2013. In 2020, a new PO20-25 was adopted with binding action plans (certain measures, indicators, financial resources and implementing agencies). A special programming document has been adopted for adolescents (National Programme for Youth 2013-2022 (ReNPM13-22), therefore the new PO focuses solely on children.

Information relating to paragraph 17

12.RS monitors the situation of children and their well-being: situational analysis of the situation of children (2005 and 2015); Children’s Database; Children’s Well-Being Index (CWBI) and the Local Index of Child Well-Being (LICWB); Council of RS for Children and the Families. Reply on the collection/processing of itemised personal data included in the reply to recommendation No. 59 d).

Information relating to paragraph 13

13.We take note of the Committee’s recommendation for information and consideration.

Information relating to paragraph 15

14.There is no specific item in the budget for the implementation of the CRC and Optional Protocols; however, the budget includes items by individual rights (family benefits, social protection benefits, education, health care, etc.). We carefully plan the budgetary resources related to the provision and implementation of the rights of the child. When planning the budget, we follow the principles of fairness, efficiency, viability, transparency and sustainability, while making sure that children enjoy all statutory rights, we are focused on ensuring the best interests for children, we specially plan and provide funds for the most vulnerable groups of children and at the same time ensure that well-being is guaranteed to children.

15.The purpose of the measure ReDP18-28 – maintaining and strengthening the achieved level of family-related rights – in order to ensure that family policy measures are exempted from possible austerity measures.

16.RS strives to achieve a high level of quality of life for families and ensures the protection and safety of all family members (particularly children). In part, the state does this by contributing to subsistence costs, protection and care for children, and granting special rights due to parenthood. The purpose of these rights and direct financial support to families is to enable parents quality parenting and children quality childhood, to provide families with the most appropriate living conditions, to facilitate the coordination of family and professional obligations and to improve the living conditions of socially and economically weaker families and families with children with special needs. Parental Protection and Family Benefits Act (ZSDP) regulates parental protection insurance and the rights arising thereof, family benefits, conditions and the procedure for exercising individual rights, etc. Each right/benefit is regulated separately and intended to regulate a special living situation or represents a form of support for the family. In the field of parental care, Fiscal Balance Act (ZUJF) reduced some benefits or limited rights. However, all rights have already been restored to the starting point. Recently, some rights have improved markedly. E.g. paternity leave was extended from 15 paid days to 30 paid days. In addition, paternity leave was at the same time extended by 10 days in the event of the birth of more than one child. As of 1 January 2021, the childbirth lump sum grant also increased from EUR 280 to EUR 350. At that time, the parental benefit was also raised from EUR 252 per month to the basic amount of the minimum income. In addition, the minimum maternity/paternity/parental benefit was also raised to the basic amount of the minimum income. As of 1 January 2021, the base from which the state pays social security contributions for part-time work due to parenthood was raised, namely no longer from the minimum salary, but from the base representing the average of the last 12 salaries of the beneficiary.

Information relating to paragraph 19

17.The amendment to Human Rights Ombudsman Act (ZVarCP) was aimed at ensuring the full implementation of the Paris Principles, which provided the institution of the Ombudsman of RS with a term of office for comprehensive protection and realisation of human rights through the established advisory body – i.e. the Council of the Human Rights Ombudsman (hereinafter referred to as the Council) as well as implementing the principle of plurality (the civil society perspective is also represented). The Council was established in 2018 and represents a “think tank” – the central independent institution in the field of development of human rights and fundamental freedoms within the context of Human Rights Ombudsman of the RS. The Council exercises advisory powers and acts according to the principles of professional autonomy. With the amendment to ZVarCP, the Human Rights Centre was established, which began operating in 2019. Additional jobs and additional funding were provided to carry out the assignments arising from the establishment of the Council and the Human Rights Centre.

18.The Human Rights Ombudsman of RS also accepts complaints and reports directly from children. A child can contact the Human Rights Ombudsman of RS via e-mail, by telephone, letter or visit him or her in person. In 2017, child advocacy was also regulated (for more details see Chapter V. a)).

Information relating to paragraph 79

19.RS signed the Optional Protocol to the CRC on the procedure for reporting infringements on 28 February 2012, and adopted the Act ratifying the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure on 20 March 2018. Slovenia has prepared a Decree on the procedure for preparing the response of the Government of RS to the Committee on the Rights of the Child as regards the communications procedure, which entered into force in February 2019.

20.The Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families has not yet been ratified by the RS. Most of the rights of the above workers are guaranteed by the existing national legislation. RS has reservations, in particular, to Article 49 of the Convention, which explicitly stipulates that the validity of a foreigner’s residence permit must be the same in terms of time frame or tied to the validity of his or her work permit, which cannot be guaranteed in accordance with the current Slovenian concept and legislation in the field of residence of foreigners.

21.RS is a signatory to the International Convention for the Protection of All Persons from Enforced Disappearance, although it has not yet ratified it.

22.RS adopted the International Covenant on Economic, Social and Cultural Rights on 1 July 1992 with an Act on succession, on the basis of which it entered into force for Slovenia with its independence on 25 June 1991. Slovenia was among the first UN member states to sign the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on 24 September 2009, but it has not yet ratified it.

Information relating to paragraph 80

23.MIZŠ cooperates with the CoE in many areas, and its members are involved in the working bodies of the CoE, including the Steering Committee for Educational Policies and Practices – CDPPE, the Extended Partial Agreement “European Centre for Contemporary Languages” – ECML in Graz, European Steering Committee for Youth (CDEJ), EPAS.

24.With its members, MDDSZ cooperates in the Steering Committee on the Rights of the Child (CDENF). As part of the Committee’s work, we also participated with two members in two subgroups, CAHENF – SAFEGUARDS (for the preparation of guidelines for the protection of rights of the child in migration) and CAHENF – VAC (for the preparation of guidelines for the protection of children against violence). The Slovenian member of CDENF was also elected rapporteur of the gender committee.

25.RS was also selected to participate in the second round of the implementation of the children participation tool of the CoE (Table 84). We are currently in the phase of testing the participation tool with Slovenian children.

26.In 2016 and 2017, the second round of evaluation of RS on the implementation of the CoE Convention on Action against Trafficking in Human Beings took place, and in 2019 we reported to the CoE on the implementation of the received recommendations.

27.MJU participates in the Committee for Cosmetics and Consumer Health) (CP-P-COS) where the priority topic is the concern for the safety of children’s cosmetics.

28.MP actively participates in the Lanzarote Committee, and MP, together with the CoE, is implementing a joint project “Supporting the implementation of Barnahus (Children’s House)”.

B.Measures for raising awareness regarding the provisions of the CRC (Article 42)

29.More on this in Table 86.

Information relating to paragraph 21

30.The Judicial Training Centre (CIP) in its educational programmes systematically includes contents in the field of the rights of the child. (Table 10)

31.The Social Chamber regularly organises annual education and training courses for professionals and co-workers in public social care institutions. In addition, the contents refer to the field of work with family and children. These are intended primarily for professionals at the Social Work Centre (CSD).

32.MIZŠ regularly publishes and supports education and training programmes for professionals in educational institutions, either through the Catalogue of further education and training programmes or through public institutions. The children’s rights perspective and related principles, are included in all levels of education of healthcare professionals as well as in terms of on-the-job education and training courses.

C.Dissemination of information on the preparation of reports (sixth paragraph of Article 44)

Information relating to paragraph 82

33.RS provided translations of the Committee’s reports and concluding observations. All reports and recommendations of the Committee are published on the website of the MZZ, the Human Rights Ombudsman of the RS, Unicef Slovenia, etc. RS provided translations of the Committee’s concluding observations. The Committee's recommendations were discussed by the Government of RS and published on the Government of the RS's web portal.

D.Cooperation and involvement of civil society organisations (Article 42)

34.More on this in Table 87.

Information relating to paragraph 23

35.The Rules of Procedure of the Government of RS stipulate that the proposer of the regulation invites the professional and other public to participate (public hearing) and that the draft regulation must be published on the website.

36.The DZ stipulates that the members of the Council of RS for Children and Families are representatives of NGOs and professional institutions in the field of children and families and representatives of the Government of the RS.

37.In the field of wider issue of children, Slovenia has established an effective system of cooperation with NGOs. A good example of this are social security and family support programmes, which provide various forms of assistance to individual children and groups of children. When the need is identified (by the state or NGOs), MDDSZ develops programmes for individual areas or target groups and prepares a public tender (on an annual level). Through annual public tenders, MDDSZ regularly co-finances programmes of NGO and other organisations and institutes. (Table 4 and 5)

38.MIZŠ systematically involves civil society in the implementation and realisation of policies, plans and programmes in the field of children’s rights. In the planning and execution of certain events, it also includes representatives of the Children’s Parliament, the student community and student organisations as co-organisers and speakers. In addition, MIZŠ grants the status of an association that works in the public interest in the field of education.

39.MZ has a well-established systematic cooperation with NGOs, particularly in the field of health protection and promotion programmes and programmes aimed at particularly vulnerable groups of the population. For example – NGOs in the field of tobacco and alcohol liaise with each other and with other relevant actors at local, national and international level in order to exchange good practices, advocacy and policy planning in these areas. With the help of professional and other NGO institutions and networks, decision-makers were persuaded to improve legislative solutions in both areas, respectively. In addition, NGOs participate in monitoring and implementing legislation in local environments.

40.The bill for the Protection of Children in Criminal Procedure and their Comprehensive Treatment in Children’s House Act (ZZOKPOHO) was entered in public hearing in 2020 and thus made accessible to the public in accordance with the Resolution on Legislative Regulation. Adolescents were also consulted on the draft bill (7 consultations with a total of 104 participants).

E.The impact of company activities on the enjoyment of children's rights

41.More on this in Table 88.

II.The concept of a child (Article 1)

42.Children in RS enjoy their rights in accordance with the CRC, which is explicitly enshrined in the Constitution of RS (URS). The DZ prescribes the definition of a child, namely that a child is a person who has not yet reached the age of 18, unless he or she has previously acquired full legal capacity (by marriage or by a court decision issued in the event that the child becomes a parent and has reached such physical and mental maturity that he or she is capable of independent living). According to DZ, children enjoy special protection, and at the same time the DZ explicitly determines the principles that must be respected when deciding on measures to protect the interests of children.

43.The DZ stipulates that a child cannot marry. Marriages of children under 18 years of age are permitted exceptionally, on the basis of a judicial decision and only when this is in the best interests of the child concerned. A court may, for justified reasons, allow a child who has reached the age of 15 to marry only if he or she has reached such physical and mental maturity that he or she can understand the meaning and consequences of the rights and obligations arising from marriage.

III.General principles (Articles 2, 3, 6 and 12)

A.Non-discrimination (Article 2)

44.More on this in Table 89.

Information relating to paragraph 25 (a)

45.The objectives of the National Programme of Measures of the Government of RS for Roma (NPUR) 2010–2015 and NPUR 2017–2021: to increase mutual understanding and dialogue between members of the Roma community and the majority population, improve the situation and reduce social exclusion of Roma. Priority areas: living conditions, upbringing and education, employment, healthcare, social protection and social inclusion, preservation and development of various forms of the Romani language, culture and information and publishing activities, awareness raising and fight against discrimination, strengthening actions of local authorities. The measures are implemented for all members of the Roma community in Slovenia and do not differentiate between autochthonous and non- autochthonous Roma. The NPUR 2021–2030, which will preserve similar priority objectives, is already being prepared.

46.The Government of RS regularly reports to the National Assembly on the implementation of the Roma Community in RS Act (ZRomS) and national programmes, and the reports are also considered by the National Council.

Information relating to paragraph 25 (b)

47.The reply is contained in the reply to recommendation No. 59 c, 59 e, No. 61 c) and 61 d).

48.The projects of Multipurpose Roma Centres, in which activities aimed at strengthening and improving the socio-economic position of members of the Roma community, their better social integration and establishing cooperation with the majority population of the local community are carried out, are co-financed.

Information relating to paragraph 25 (c)

49.Protection against discrimination is provided by the Human Rights Ombudsman of RS, the Advocate of the Principle of Equality and competent inspection authorities. The Advocate of the Principle of Equality conducts infringement proceedings concerning discrimination, in which he issues a legally binding declaratory decision on the existence of discrimination, against which any of the parties to the proceedings may initiate an administrative dispute before the Administrative Court. The Protection against Discrimination Act (ZVarD) stipulates that inspections are performed by the Advocate and inspection authorities responsible for individual areas, but the Advocate does not carry out inspections in the practice of inspections due to lack of legislative clarity. If the Advocate finds existence of discrimination, he proposes to the competent inspection authority to initiate minor offence proceedings. The competent inspection authority must consider the case and inform the Advocate about the decision. Fines are prescribed for infringing the prohibition of discrimination. In addition, the discriminated person has the right to file a special action requesting the cessation of discrimination, the payment of compensation for discrimination or the publication of the judgement in the media.

Information relating to paragraph 25 (d)

50.The Resolution on the 2014–2017 National Programme for Culture (ReNPK14-17) identified human rights and the protection of cultural diversity as one of the national priorities of cultural policy. The objective was also to promote the diverse cultural activities of members of multiple vulnerable groups (including Roma children). Public tenders include measures to prevent discrimination. Each year, MK carries out a public tender for the (co-)financing of cultural projects in the field of the Roma community (preferably projects intended for children).

51.Within the context of projects of the Multipurpose Roma Centres, special attention is also paid to raising awareness and informing about Roma issues.

52.Among the goals of education legislation in the field of education, science and sport prescribes the provision of optimal development of the individual regardless of personal circumstances and education for mutual tolerance, development of awareness of gender equality, respect for diversity and cooperation with others, respect for children's and human rights and fundamental freedoms, developing equal opportunities and thus developing the ability to live in a democratic society.

53.With the aim of successful inclusion of immigrant children in education, MIZŠ has recommended a two-tier model of inclusion, which envisages the active involvement of the entire school staff, parents and the local community.

Information relating to paragraph 27

54.In 2016, the Civil Union Act (ZPZ), was adopted, and in 2017, DZ. Partners in a partnership cannot adopt a child together, although a partner may, subject to statutory conditions, adopt his or her partner’s child. The status of children in same-sex families is equated with the status of children in families of parents of different genders. Children from same-sex families are protected against discrimination in the same way as other children.

55.ZSDP stipulates that the right to paternity leave is also enjoyed by the mother’s partner or a female partner of a registered same-sex partnership who actually cares for and protects the child. A partner of a registered same-sex partnership of a person who takes maternity leave is also entitled to paternity leave. In addition, both parents in a same-sex family are entitled to parental leave for the child.

56.ZVarD stipulates the protection of every individual against discrimination regardless of any other personal circumstance (including sexual orientation, gender identity and sexual expression). Equal treatment is also guaranteed to a person who is actually or legally related to a person with a certain personal circumstance, which means that children of same-sex couples are also protected under this legal basis (see reply to recommendation 25c).

57.The public nursery school or school has a counselling service that advises all children, teachers and parents (regardless of the issue) and cooperates with educators, teachers and school management in performing educational work.

B.Best interests of the child (Article 3)

Information relating to paragraph 29

58.DZ defines the best interests of the child as a principle. It is in the best interests of the child to meet his or her material, emotional and psychosocial needs. The best interests of the child must be taken into account by parents, other persons, institutions and state authorities and public bodies entrusted with the task by the State. With the adoption of the DZ, the following goals were achieved: improving the position of children in family relationships and ensuring more effective implementation of the principle of protecting the best interests of the child, unifying procedures for deciding on measures to protect the best interests of children, faster resolution of matters in the field of family policy, etc. The key change brought about by the DZ is the transfer of decision-making powers on measures to protect the interests of children, foster care, adoptions and custody from the CSD to the courts. At the same time, new Non-Contentious Civil Procedure Act (ZNP-1), entered into force, which regulates the decision-making on these matters in a special chapter on procedures for the protection of the interests of the child. The law explicitly stipulates that the CSD prepares an opinion on the best interests of the child in any proceedings, even if it is not the proposer of the proceedings.

59.The International Protection Act (ZMZ) stipulates that the greatest benefit to the child is primary care in the treatment of minors and that minors must be provided with a standard of living appropriate to their psychological, mental, spiritual, moral and social development. An unaccompanied minor who is an applicant for international protection status shall be assigned a legal representative prior to conducting search for his or her parents or other relatives. In practice, the principle of the best interests of the child is observed from the moment a minor meets a public authority – either as an applicant for international protection or as a foreigner. Minors are provided with access to leisure activities. Minors who have been the victims of any abuse or have suffered as a result of armed conflict shall be provided with access to rehabilitation and shall be provided with psychological treatment and professional counselling. Minor applicants shall be assured that they are accommodated with their parents, their unmarried minor siblings or the adult responsible for them, provided that this is in their best interests.

60.The Foreigners Act (ZTuj) provides the principle of the best interests of the child as a basic guideline in the field of treatment of children, which is evident from the provisions guaranteeing children’s rights (access to health care, primary school, guardian for a special case, etc.).

61.Under the Police Tasks And Powers Act (ZNPPol), all proceedings involving a child are conducted in favour of the child. The police officers performing tasks involving children or minors must always take into account the child’s mental integrity, sensitivity, etc.

62.In all procedures through which programs and projects of minority communities are financed, MK ensures that the child’s right to have his or her benefits taken into account is properly included and strictly respected.

63.During the educational work with minors in the re-education home, the basic guideline is to exercise the greatest benefits of the minor. General and vocational education, cultural, sports-educational and recreational activities of minors, therapeutic counselling, etc., are provided.

C.Right to life, survival and development (Article 6)

64.The provision of the CRC on the Right to life, survival and development (Article 6) has already been explained in the first, second and joint third and fourth reports of RS (CRC/C/8/Add.25, CRC/C/70/Add.19, CRC/C/SVN/3-4).

Information relating to paragraph 31

65.In the field of road safety, the number of fatalities and serious injuries in road accidents has halved. The objective of the Resolution on the National Road Safety from 2013 to 2022 (ReNPVCP13-22) is to achieve the common European objective “Vision Zero”. In addition, ReNPVCP13-22 includes the area of alcohol, illicit drugs and other psychoactive substances. Within the framework of this resolution, a programme of content for safe mobility has been established in the field of education, which concerns children, pupils, students, professionals, principals and parents.

66.As part of various events aimed at children (Children’s Bazaar, Pika Festival, etc.), visits to primary and secondary schools, the police warn children and their parents about safe participation in road traffic, especially from the point of view of vulnerable road users. It also actively participates in national actions and, through preventive and repressive action, ensures greater safety for participants.

67.Part of the reply is contained in the reply to recommendation No. 15.

D.Respecting the child’s views (Article 12)

Information relating to paragraph 33

68.The reply regarding the Children’s Parliament project is contained in Chapter IV. c).

69.Child advocacy is legally defined within the context of amendment to ZVarCP (2017). The purpose of advocacy is that the advocate provides professional assistance to the child to express his or her opinion in all proceedings and cases in which he or she is involved, and submits the child’s opinion to the competent authorities and institutions that decide on his or her rights and benefits.

70.The DZ stipulates that when deciding on the care, upbringing and providing maintenance of a child, on contacts, parental responsibility, granting parental responsibility to a relative, adoption and on a measure for the protection of the child’s interests, the court also takes into account the child’s opinion expressed by the child himself or herself or by a person whom he or she trusts and has chosen themselves if they are able to understand its meaning and consequences. With regard to the procedure in custody matters, DZ stipulates that the CSD must inform a child who is able to understand the meaning of the proceedings and the consequences of the decision in an appropriate manner about the initiation of the proceedings and his or her right to express their opinion. The obligation to obtain the opinion of the child in proceedings for the protection of the best interests of the child is also regulated in the ZNP-1. The child may express his or her opinion at the CSD or in an interview with the child’s advocate or, depending on the age and other circumstances, in an informal interview with a judge, possibly with the participation of a professionally qualified person, always without the presence of parents.

71.RS follows the recommendations of the Child Rights International Network (CRIN), which has published a handbook on the right of children to child-friendly justice, where it recommends the introduction of various child-friendly practices and solutions in cases involving a child who finds himself or herself as a victim in court proceedings. Recommendations and proposed CRIN solutions are already being implemented in Slovenia in this area (e.g. training of all those who come into contact with children – on appropriate response and referral of children to responsible institutions, establishment of help hotlines), as well as upgraded (e.g. UNICEF safe points).

72.RS has child-friendly and safe rooms. Safe rooms are available in 11 CSDs in cities with the registered offices of the district courts, in the four crisis centres and at the registered offices of two NGOs.

73.The amendment to the Criminal Procedure Act (ZKP-N) brings the strengthening of the procedural position of injured parties and care for their rights and interests. The court hears a minor who, given his or her age and mental development, cannot understand the meaning of the right that they are not obliged to testify if the defendant so requests or if the court considers that this is in their best interests.

74.The amendment to the ZKP-O extended the obligation to appoint a representative of children – victims of criminal offence (the catalogue of criminal offences was extended when this is relevant) and laid down some special rules regarding the questioning of children (e.g. children under the age of 15 who have been victims of criminal offences against sexual integrity, neglect of a minor and cruel treatment or trafficking in human beings are, as a rule, heard in the so-called safe room, via audio–video connection). The hearing officer is responsible for the protection of children's rights.

75.An important contribution to the creation of child-friendly justice is the establishment of the Children’s House project.

76.Various activities and materials on this topic are available in Table 77.

IV.Civil rights and freedoms (Articles 7, 8, and 13 to 17)

A.Entry in the birth register, name and citizenship (Article 7)

77.More on this in Table 90.

Information relating to paragraph 35

78.In 2013, RS adopted the Act Regulating the Compensation for Damage Sustained as a Result of Erasure from the Register of Permanent Residents (ZPŠOIRSP) to regulate the issue of the erased. This act corrects infringements of human rights and fundamental freedoms, and at the same time enforces the judgement of the Grand Chamber of the European Court of Human Rights in the case of Kurić and others vs. Slovenia. ZPŠOIRSP regulates the right to monetary compensation and other forms of fair reparation that enable or facilitate access to other rights, such as: payment of contributions to compulsory health insurance, inclusion and priority treatment in social protection programmes, exemptions in exercising rights from public funds, the right to state scholarships, the right to equal treatment in housing, access to the education system, the right to inclusion and priority treatment in programmes for the inclusion of foreigners. In 2018, the Constitutional Court of RS ruled on the unconstitutionality of Article 12 of ZPŠOIRSP, which limited the amount of monetary compensation that could be assigned for the beneficiary in court proceedings. The monetary compensation (together with statutory default interest) was limited by this provision to three times the amount of monetary compensation that could be assigned for the beneficiary in the administrative proceedings.The restriction on the amount of monetary compensation was removed by the Act Amending the Act Regulating the Compensation for Damage Sustained as a Result of Erasure from the Register of Permanent Residents (2018).

Information relating to paragraph 36 (a)

79.The amendment to the Act Regulating the Legal Status of Citizens of Former Yugoslavia Living in RS (ZUSDDD-B) was adopted with the aim of finally regulating the legal status of people erased from the permanent population register. Permanent residence permits can also be obtained by the erased who do not reside in RS due to a justified absence. The act also regulates the issuance of a permanent residence permit to the children of the erased. The child of the erased person is defined as a person who was born in RS after 25 June 1991 and at least one of the parents of whom was erased from the register of permanent residents, and after his birth the parent obtained a permanent residence permit or was granted citizenship of the RS.

Information relating to paragraph 36 (b)

80.For citizens of other republics of the former SFRY, ZUSDDD-B regulates the issuance of a permanent residence permit under facilitated conditions, such as those provided for in ZTuj. The procedure for issuing a permanent residence permit under ZUSDDD-B was initiated at the request of the party. The request could also be sent to the administrative unit by post from abroad. It also follows from the judgement of the Grand Chamber of the European Court of Human Rights in case of Kurić and Others vs. Slovenia that the conduct of two applicants who did not in any way express a desire to reside in RS (did not use legal remedies to regulate their residence status), indicates that they did not have a sufficient interest in doing so and that they could not be relieved of the obligation to at least formally apply for a residence permit. A permanent residence permit is a permit that allows a foreigner to reside in RS for an unlimited period of time, therefore according to ZUSDDD-B the procedure for issuing a permit began at the request of that foreigner who wished to obtain a permanent residence permit because he resided in the RS. The competent authority (administrative unit) also decided on each submitted application. If the foreigner did not agree with the decision of the administrative unit, they had legal remedies available (appeal with MNZ and lodging of lawsuit before the Administrative Court of the RS).

Information relating to paragraph 36 (c)

81.All essential recommendations of the European Convention on Nationality were enacted by amending Citizenship of RS Act (ZDRS) in 2002. MNZ has reservations with ratification of the European Convention on Nationality pursuant to Article 20 of the Convention, which stipulates that citizens of the predecessor state who have not become nationals of the successor state are allowed the right to remain in the successor State and to be treated equally with regard to social and economic rights. However, MNZ has reservations with Article 5 of the CoE Convention on the Avoidance of Statelessness, according to which citizenship of the nationals of predecessor country residing in the successor state must be granted, which would result in acquiring citizenship under extremely facilitated conditions.

B.Identity preservation (Article 8)

82.The provision of the CRC has already been explained in the first report of RS (CRC/C/8/Add.25).

C.Freedom of expression and the right to seek, receive and disseminate information (Article 13)

83.More on this in Table 106.

D.Freedom of thought, conscience and religion (Article 14)

84.More on this in Table 91.

E.Freedom of association and peaceful assembly (Article 15)

85.The provision of the Convention has already been explained in the first and second reports of RS (CRC/C/8/Add.25, CRC/C/70/Add.19).

F.Protection of privacy and protection of reputation (Article 16)

86.More on this in Table 92.

G.Access to information from various sources and protection against materials that are harmful to the child’s well-being (Article 17)

87.More on this in Table 93.

V.Violence against children (Article 19, third paragraph of Article 24, second paragraph of Article 28, and Articles 34, 37 (a) and 39)

A.Abuse and neglect (Article 19)

88.In 2013, an Agreement was concluded between MDDSZ, MIZŠ and the Police regarding the implementation of tasks for the protection of children, which specifies activities for greater protection of children in cases of domestic violence. For employees of institutions (especially in health and childcare (VVZ) and educational institutions (VIZ)), the reporting of suspected violence is mandatory, regardless of the provisions on the protection of professional secrecy.

89.In 2015, RS ratified the CoE Convention on preventing and combating violence against women and domestic violence (i.e. Istanbul Convention). In 2016, it established the inter-service working group to monitor the implementation of the Istanbul Convention.

90.In 2014, the Rules on restraining orders, which determine the procedure for implementing the measure of prohibition of approach, were supplemented.

91.In 2015, the Professional Guidelines for Responding to Domestic Violence in Health Care Services entered into force. The purpose of the Guidelines is to strengthen rapid, effective and coordinated action and the exchange of necessary information between individuals and services. The Guidelines place particular emphasis on the benefits and rights of children.

92.The amendment to ZPND explicitly prohibits corporal punishment of children, supplements the definition of domestic violence and defines a new form of violence (stalking), expands the scope of family members, besides this it also expands the scope of court measures, in particular for greater protection of children, victims of domestic violence, victims are more protected (especially data on children) etc.

93.RS is currently preparing a National programme on preventing and combating domestic violence and violence against women.

94.Under PO20-25, special emphasis is also placed on the prevention of violence against children.

95.NGOs have an important task in the field of preventing violence against children, raising awareness about such violence and providing services and programmes to help children who are victims of violence. Therefore, MDDSZ within the framework of public tenders, co-finances various social protection and family programmes every year, which also include the field of prevention of violence against children. (Table 27)

96.During the Covid-19 epidemic, a 24/7 helpline was set up to help victims of violence. The TOM helpline – a telephone helpline for children and adolescents is active. In 2020, RS signed a joint agreement on the establishment of an EU telephone helpline number to help victims of violence against women.

97.The National Institute of RS for Education (ZRSŠ) in 2016 issued Instructions with a handbook for dealing with peer violence in VIZ. The purpose of the document is to help VIZ employees better understand the phenomenon of peer violence and to respond appropriately and effectively when peer violence is detected.

98.Numerous training and education courses for the professional public (CSD, judiciary, health workers, police, etc.) are carried out on an annual basis, as well as numerous awareness campaigns and projects on the topic of domestic violence. (Table 15)

99.The Resolution on the National Mental Health Programme 2018−2028 (ReNPDZ18–28) envisages pilot testing and gradual systemic introduction of proven effective programs for reducing peer violence, which increase children’s sensitivity to this issue and address targeted treatment of identified cases of peer and online peer violence and programmes that function successfully to establish a safe and stimulating school environment.

100.In 2020, MDDSZ translated the Recommendation of the CoE Recommendation of the Committee of Ministers to member states on Guidelines to respect, protect and fulfil the rights of the child in the digital environment and distributed them to government departments and NGOs. The guidelines are published on their websites.

Information relating to paragraph 40 (a)

101.The reply is contained in item V. (a).

102.In 2015, an article was added to the KZ-1 that the prosecution of perpetrators of criminal offences against a minor from the chapters against life and limb, against human rights and freedoms, against sexual integrity or other criminal offence under this Code with signs of violence begins ex officio, regardless of whether a motion for prosecution has been brought forth or not (Article 15a). In addition, in 2020 there was a limitation period for the offences of sexual assault on a person under the age of fifteen, violations of sexual integrity through abuse of the position against minors, abuse of prostitution involving minors and the display, production, possession and distribution of pornographic material, insofar as it relates to influencing the creation of material involving minors, extended to three times that which would otherwise be valid subject to the prescribed penalty.

Information relating to paragraph 40 (b)

103.Pursuant to ZPND, ZNPPol and the Rules on cooperation between the police and other authorities in the detection and prevention of domestic violence, the police keep records of criminal offences (victims and suspects) and submit the data to the competent authorities (including CSDs).

104.Based on ZPND, the records are kept by the CSDs within the database concerning social data. To provide assistance to the victim, to deal with the perpetrator of violence, to create an assistance plan for the victim together with its implementation and monitoring, etc., the CSDs also obtain data from existing databases from various institutes and sectors (MNZ, the police, providers of educational activities, MZ, National Institute of Public Health (NIJZ), etc.).

105.According to ZPND, authorities, organisations and NGOs are obliged to provide mutual information and assistance intended to prevent and identify violence, eliminate the causes and provide assistance to the victim in establishing safe living conditions. Thus the court immediately informs the police and the CSD and VVZ or VIZ that the child attends about the imposed measures (according to ZPND). Various sectoral instructions, guidelines and by-laws have also been adopted, which specify the procedures for informing each other, acting on cases, monitoring cases and providing assistance to victims of violence.

Information relating to paragraph 40 (c)

106.According to ZPND, anyone who suspects that a child is a victim of violence is obliged to immediately inform the CSD, the police or the public prosecutor’s office.

107.The DZ stipulates that the court and the CSD must take the necessary actions and measures required by the upbringing and childcare or the protection of his or her property and other rights and benefits. The state implements measures to protect the rights and benefits of the child (a measure to protect the interests of the child) only when the parents do not exercise their rights and obligations or do not exercise them for the benefit of the child. The DZ lays down three types of measures for the protection of the best interests of the child: interim injunctions, emergency removal of a child and measures of a more permanent nature.

108.The Rules on the organisation and work of multidisciplinary teams and regional services and on the activities of CSDs in dealing with domestic violence determine the procedures for mutual information and assistance. The coordination of inter-institutional cooperation is run by the CSD. A form of inter-institutional cooperation is also the handling of a case of violence in a multidisciplinary team for dealing with domestic violence.

Information relating to paragraph 40 (d)

109.According to the DZ, the court may decide by an interim injunction that the contacts shall take place in the presence of a professional of the CSD or institution where the child is placed. A professional worker prepares the participants for the contact and monitors whether the contact represents such a psychological burden for the child that it poses a threat to his or her physical or mental development. In this case, the report shall propose to the court an appropriate amendment to the imposed measure. With regard to the training and education of professional workers, the reply is already given in item V. a).

Information relating to paragraph 45 (a)

110.The topic of violence against children and the protection of children are included in various programming and strategic documents, namely ReDP18-28, ReNPM13-22, ReDP18-28, ReNPDZ18-28 and PO20-25. Within the latter, special emphasis is placed on the prevention of violence against children. A new National programme on preventing and combating domestic violence and violence against women is being prepared. The reply is also contained in item No. V. a) and d).

Information relating to paragraph 45 (b)

111.RS has adopted various legislative provisions and by-laws that define the procedures for the treatment of children, victims of violence and protection and assistance programmes (the reply is also contained in item No. V. a) and the reply to recommendation No. 40 and No. 17 (Council of RS for Children and Family).

Information relating to paragraph 45 c)

112.The reply is contained in Chapter V. (c).

Information relating to paragraph 45 (d)

113.RS is actively cooperating with Unicef Slovenia in establishing Safe Points for children. Thus, there are already more than 750 UNICEF safe points in Slovenia throughout the country.

114.In 2017, on the sidelines of the 34th meeting session of the UN Human Rights Council in Geneva, the police took part in an online bullying event organised by the UN Secretary‑General’s Special Representative for Violence against Children.

115.In 2014, the UN Secretary-General’s Special Representative for Violence against Children visited Slovenia to participate in the 24th National Children’s Parliament and a roundtable on the occasion of the 25th anniversary of the CRC. Numerous meetings were held with representatives of government institutions and NGOs.

B.Prohibition and elimination of all forms of harmful conduct (third paragraph of Article 24)

116.In 2014, MDDSZ funded a survey on the topic of forced marriages of Roma girls (Tables 8 and 9).

117.In accordance with the amendment KZ-1, in 2015 the criminal offences of forced marriage and stalking were criminalised, both of which have the qualified form if committed against minors.

118.In addition, the NPUR 2017–2021 includes measures in the field of social protection with an emphasis on early and forced marriages and escapes of minors into harmful environments and procedures for dealing with cases of extramarital communities with minors. An ad-hoc working group was set up in 2017 to implement and coordinate the measures. At its initiative, training courses for judicial employees were conducted on this topic in 2018 and 2019, and in 2020 a Handbook on recognising and acting in cases of early and forced marriages in the Roma community was prepared. It will be published in both digital and printed form and in 2021 events are planned at which it will be presented to the interested public. In 2018 and 2019, national and regional consultations on the topic of forced and early marriages of children belonging to the Roma community were also held. The purpose: to strengthen the networking of institutions affected by such forms of harmful practices and to raise the awareness of members of the Roma community on this issue. Activities will continue. Workshops were held in some Multipurpose Roma Centres with the aim of informing and raising awareness of members of the Roma community on this topic.

119.The Association of Centres for Social Work (SCSD) has issued Guidelines and recommendations for the work of CSD’s experts in the case of escapes of minors into harmful environments, which represent a useful tool in performing the tasks of professional services in order to protect children.

120.The Action Plans for combating trafficking of human beings 2017–2018 and2019–2020 were the basis for carrying out a number of activities to raise awareness of potential victims of trafficking in human beings in Roma communities, especially in terms of forced and early marriages. As part of the Public Call for co-financing awareness-raising and educational projects in 2018, 2019 and 2020, one third of the activities to raise children’s awareness of such harmful practices took place in environments where the Roma community lives; in 2020, activities were curtailed due to the Covid-19 epidemic.

121.With the aim of timely detection of forced marriage or the establishment of a similar community and action, the police carry out preventive activities in the form of lectures and workshops for children and expert co-workers in VIZ.

Information relating to paragraph 44 (a) and (b)

122.According to ZKP, in the case of given grounds for the suspicion that a criminal offence for which the perpetrator is being prosecuted ex officio has been committed, the police must take the necessary steps to track down the perpetrator of the criminal offence, detect and secure traces of the crime and objects that may be evidence and to collect all information that may be useful for the successful conduct of criminal proceedings.

123.Rules on the organisation and work of multidisciplinary teams and regional services and on the activities of CSDs in dealing with domestic violence stipulate that a multidisciplinary team for dealing with domestic violence may be formed, consisting of a group of experts to provide comprehensive assistance and protection to individual victims.

124.The police pay special attention to the prevention and raising awareness among children, even in parts where the predominantly Roma population lives. Lectures and workshops are intended for children and professionals in VIZ with the objective of detecting this form of criminal offence in a timely manner and responding accordingly.

125.The reply is also contained in Chapter V. b).

Information relating to paragraph 44 c)

126.In 2017, MZ conducted a public tender for the co-financing of health care programmes with an emphasis on the health of Roma adolescents, women and children. The purpose of the public tender was to co-finance programmes of assistance, awareness-raising, counselling and care for Roma adolescents, women and children with the key objective of ensuring a better quality of life and health.

127.In 2018, 2019 and 2020, the Government Communication Office (UKOM) conducted a public tender for the co-financing of information, communication and educational projects of NGO and humanitarian organisations. It also included the content of raising awareness about forced and arranged marriages. Each time, the Ključ Association was selected in a public tender and carried out two awareness-raising projects on premature and forced marriages – Vijolica and Telesnica (Table 7).

Information relating to paragraph 44 (d)

128.The reply is contained in Chapter II.

Information relating to paragraph 44 (e)

129.The reply is also contained in item No. V. (b).

130.Within the assistance network for victims of violence, inclusion in various forms of assistance is available, either in the form of accommodation support (crisis accommodation, safe houses, shelters) or in the form of counselling (social protection programmes).

C.Sexual exploitation and sexual abuse (Article 34)

131.The provision of the CRC has already been explained in the combined third and fourth reports of RS (CRC/C/SVN/3-4).

132.KZ defines criminal offences against sexual integrity, with special protection for children. To further protect children, an article has been added criminalising the acquisition of persons under the age of fifteen for sexual purposes. This article stipulates that the criminalisation of a child (persons under the age of fifteen) through information or communication technologies to meet for the purpose of sexual assault or for the production of images, audio visual or other objects of pornographic or other sexual content.

133.The amendment to ZPND expanded the definition of sexual violence. The definition of sexual violence now also includes threats to use sexual violence and publication of material of a sexual nature relating to the victim.

134.The Directive on combating the sexual abuse and sexual exploitation of children and child pornography has been implemented.

135.In 2013, RS ratified the CoE Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (i.e. the Lanzarote Convention), which entered into force for Slovenia on 1 January 2014. RS actively participates in the Committee of member states. It is currently involved in two parallel evaluations by the Lanzarote Committee, relating to the prevention of abuse in migratory flows and abuse through information technology.

136.Professional guidelines for dealing with domestic violence in the performance of healthcare activities also include recommendations for dealing with a child victim of sexual abuse.

137.In 2017, MP started the project of establishing a Children’s House in Slovenia, according to the Icelandic Barnahus model. The house will initially be intended for children who are victims of sexual abuse. It will enable rapid and effective action and integrated treatment with a correct, child-friendly multidisciplinary and inter-institutional approach. The main objective will be to harmonise parallel criminal investigation procedures and child protection procedures. This will prevent re-traumatisation between the investigation procedure and the court proceedings. A Children’s House is a place where children, victims of violence, feel safe, where their interrogation is carried out by qualified experts and provides them with support and psychosocial assistance. In March 2021, the ZZOKPOHO was adopted.

138.The Action Plan of RS for the Implementation of United Nations Security Council Resolutions on Women, Peace and Security (2018–2020) is focused on foreign policy activities, although it also focuses on the situation at the national level. Violence against girls is covered in two sets: a) protection of girls against, during and after the conflict, and the elimination of sexual and gender-based violence; b) responsibility for the prevention and prosecution of perpetrators of sexual and gender-based violence.

139.At Slovenia’s initiative, in 2015 the CoE declared 18 November European Day for the Protection of Children against Sexual Exploitation and Sexual Abuse. Slovenia proposed the proclamation of this special day with the aim of sensitising and raising public awareness regarding sexual abuse of children.

140.We have provided a translation of an educational guide for children and their parents entitled Kiko and the Hand. The guide helps parents in a simple and understandable way to explain to their children how to recognise and respond to sexual violence.

141.Awareness-raising in the form of education, projects and campaigns on this topic is also important for the prevention of sexual exploitation and sexual abuse of children (Table 6, 7, 10, 13, 15).

Information relating to paragraph 42 (a) and (c)

142.The reply is contained in item No. V. (b) and c) and replies to recommendation No. 44 (a) in (b).

143.Agreed or forced marriage (as a slavery-like practice) may be related to the purpose of exploitation, slavery, servitude or slavery-like status and may also be prosecuted as a criminal offence of trafficking of human beings in the presence of other elements of trafficking. In 2015, a case of forced marriage of a minor Roma girl, which experienced the epilogue of a final conviction for the criminal offence of trafficking of human beings for the purpose of servitude, was considered.

144.The occurrence of forced and premature marriages in the Roma community is also addressed within the inter- ministerial working group to combat trafficking of human beings. Based on the Action Plan for combating trafficking of human beings 2019–2020, a number of activities are being carried out to raise awareness of potential victims of trafficking of human beings in Roma communities.

145.The ONM coordinated the preparation of a Handbook on recognising and acting in cases of early and forced marriages in the Roma Community.

146.For many years, the police have been carrying out activities to deal more successfully with cases of children fleeing to other family communities. Police officers received guidelines and recommendations for working in these cases. Within the General Police Administration, there is a permanent working group for police work in a multicultural community with the aim of improving such procedures.

Information relating to paragraph 42 (b)

147.The reply is contained in item No. V. (b).

Information relating to paragraph 42 (d)

148.RS has updated the legislation enabling the detection, investigation and prosecution of sexual exploitation and abuse of children. The criminal offence of forced marriage or the establishment of a similar community has been added to KZ, and a new system of providing data from criminal records to institutions or associations to which children or minors are entrusted for learning, upbringing, care or nurturing has been introduced.

149.The regulatory mechanisms have been established for the processing of materials on sexual abuse and sexual exploitation of children and the identification of victims. In October 2015, the Slovenian police joined the International Child Sexual Exploitation images database system, which is managed by GS Interpol in Lyon. Investigation of such criminal offence is carried out by experienced and qualified criminal investigators who perform their tasks at the regional or national level within groups for the investigation of juvenile delinquency.

Information relating to paragraph 42 (e)

150.The reply is contained in item No. V (a) (social security programmes and programmes in the field of family) and (c) (children’s home).In order to prevent (sexual) violence, KZ reintroduces a security measure prohibiting approaching or communicating with the victim of a crime.

151.The police regularly participate in preventive activities to raise awareness of the public, children, parents, expert co-workers in schools regarding the safe use of the Internet.

D.Protection of children from torture or other cruel, inhuman or degrading treatment or punishment, including corporal punishment (the second paragraph of Article 37 (a) and Article 28)

Information relating to paragraph 38

152.The amendment to ZPND included a provision on the prohibition of corporal punishment of children. Corporal punishment of children is defined as any physical, cruel or degrading punishment of children or any other act with the intention to punish children containing elements of physical, psychological or sexual violence or neglect as a method of upbringing. ZPND stipulates that foster parents are also considered family members, which means that the provision prohibiting corporal punishment also applies to foster families.

153.Any form of corporal punishment, torture, cruel or degrading treatment of prisoners in prisons is prohibited by law (KZ, Enforcement of Criminal Sanctions Act (ZIKS)). Judicial protection is provided.

154.In the amendment to Organisation and Financing of Education Act (ZOFVI, 2016), a new article on a safe and stimulating learning environment was added with a clear emphasis on the prohibition of corporal punishment of children and any other form of violence against and between children.

155.In 2018, RS adopted two resolutions, which in their contents also touch on the topic of physical violence against children. Under ReDP18-28, family support programmes with an emphasis on positive parenting are implemented. Positive parenting is based on the idea of respecting children’s rights and ensuring a safe environment, which at the same time means the absence of any forms of violence (as an educational method). Preventive programmes in support of the family are important for protecting children against violence, they are designed to reduce emotional distress, learn effective communication and positive attachment in the family, improve social competencies, improve emotional management skills and build a positive self-image. ReNPDZ18–28 emphasises the strengthening of parental competencies and communication skills within various programmes. These are parenting programmes that are implemented within health, social care institutes and NGOs throughout Slovenia.

E.Measures to promote physical and mental recovery and the reintegration of child victims into society (Article 39)

156.The reply is contained in item No. V (a) and (d) (social security programmes and programmes in the field of family).

VI.Family environment and alternative care (Articles 5, 9–11, the first and second paragraph of Article 18, Articles 20, 21, 25 and the fourth paragraph of Article 27)

A.Family environment and parental control in a manner consistent with the child’s evolving abilities (Article 5)

Information relating to paragraph 47 (a)

157.Pursuant to the Courts Act (ZS), family divisions may be established at all district courts to resolve family matters. With the introduction of the DZ, which transferred decision-making power from the CSD to the courts, two special specialised departments were established in the courts in Ljubljana and Maribor.

158.The courts have drawn up rules to deal with the amicable proposals of the parties in family relations, which help to speed up the convening of the hearing and the conclusion of the proceedings. In all family cases, priority resolution (DZ)) is envisaged, with some procedures under ZS defined as necessary (in enforcement cases related to the upbringing and care of children and maintenance obligations arising from the act). The DZ stipulates that state authorities, public service providers, public bodies entrusted with the task by the State, local community bodies and other natural and legal persons must take care of the best interests of the child in all activities and procedures related to the child.

159.At the time of the declared epidemic, by order of the President of the Supreme Court, the scope of operations of the courts is limited to operations in urgent matters. Urgent matters also include non-litigious matters under the act governing the prevention of domestic violence and enforcement matters relating to proceedings for the protection of the interests of children.

Information relating to paragraph 47 (b)

160.Every year, CIP conducts a number of specialised training courses in the field of family law. In 2019, e.g. 8 inter-institutional workshops were held regarding the use of the new D. The training courses were conducted on the topic of measures to protect the interests of the child according to the DZ. One of the measures is also an interim injunction on supervised contacts, so that this content was also covered in the workshops. The workshops were intended for judges, expert co-workers at the CSDs, expert co-workers at ministries, etc.

Information relating to paragraph 47 (c), (d) and (e)

161.Judges regularly attend educational courses in the field of family law, as part of which educational courses on the right of children to contact both parents are also provided. The CSD’s expert co-workers are also regularly trained on this topic (Table 15).

162.The contact between the child and the parents is decided by the court, which must always take into account the circumstances of each case. It determines the contacts to the extent and in the manner that is in the child’s best interests. In accordance with the DZ, the court decides on contacts under supervision with an interim injunction. Contacts established in this manner may be made for a maximum of two hours per week, and an interim supervised contact injunction may last for a maximum of nine months and may not be reissued or renewed. The implementation of supervised contacts is monitored by the CSD, which reports to the court once a month.

163.In case of difficulties in making contacts, the CSD can help parents. In case of infringements, it is possible to initiate enforcement proceedings. If the parent with whom the child lives prevents contact between the child and the other parent and the contact cannot be carried out even with the professional assistance of the CSD, the court may, at the request of the other parent, decide to deprive the person preventing contact of custody and the child is entrusted to the other parent if the court finds that the latter will facilitate contact and if only in this way the best interests of the child can be safeguarded.

164.Individual CSDs have dedicated rooms, others adapt the premises to be child-friendly, and some also use secure interrogation rooms under supervision, which are arranged at 12 CSDs and are located close to the district courts.

165.The reply is contained in the reply to recommendation No. 33 (a child’s view).

Information relating to paragraph 47 (f)

166.The current acquis establishes a number of mechanisms for the effective recovery of alimony and the priority settlement of maintenance claims. The Enforcement and Security Act (ZIZ) defines a maintenance claim as privileged that is paid before all others. With the amendment to ZIZ, the enforcement of maintenance claims was, in order to increase the protection of children’s rights, further simplified and facilitated, and more broadly defined as a priority claim. Such a claim from the title of legal alimony in cases of enforcement on the debtor’s monetary claim (e.g. salary, funds in a bank account) has priority in repayment over other claims. The amendment also extended the time for claims arising from legal alimony, for which enforcement can be proposed for enforcement on the debtor’s monetary claim without re-filing a proposal for enforcement, namely from one to two years. The act also gives priority to maintenance claims in the case of an administrative payment ban and in the case of claims due in the last year in the case of execution on real estate and in the case of execution on the share of a partner in the company. Enforcement for salary and other remuneration is limited in order to ensure the debtor’s social minimum, so that the debtor must be left with an amount of 76% of the minimum salary.

167.The DZ also introduced some changes in the field of alimony, namely these relate to a clearer definition of the condition of regular schooling and set a restriction that the beneficiary is not employed or entered in the register of unemployed people after the age of eighteen.

168.The ReDP18-28 includes awareness-raising measures in the field of responsible parenting (which also includes the payment of maintenance obligations) and the development of an online tool for the informative calculation of the appropriate amount of alimony. An online tool for informative calculation of the appropriate amount of alimony is under construction.

169.Non-payment of alimony is defined as a criminal offence under KZ. In 2015, police officers received additional guidance to investigate these crimes, primarily in terms of proving that despite the ability to pay, a person evades paying alimony.

170.The amendment to ZPND defines unjustified non-fulfilment of maintenance obligations towards a family member as economic violence.

Information relating to paragraph 47 (g)

171.In 2011, the EU acceded to the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance and concluded the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations.

B.Joint responsibility of parents, assistance to parents and provision of childcare services (Article 18)

172.More on this in Table 94.

C.Separation from parents (Article 9)

173.More on this in Table 95.

D.Family reunification (Article 10)

174.The provision of the CRC has already been explained in the first and second reports of RS (CRC/C/8/Add.25 and CRC/C/70/Add.19)).

E.Recovery of child maintenance (the fourth paragraph of Article 27)

175.The information is contained in the reply to recommendation No. 47 f) and 47 g).

F.Children without a family environment (Article 20)

Information relating to paragraph 49

176.Foster care is a special form of protection of children that need to be cared for and educated by persons other than their parents. The novelty brought by the DZ is that the court decides on the placement of a child in foster care and the appointment of a foster parent and no longer the CSD. Thus, the procedures for appointing foster parents are more transparent.

177.The implementation of foster care alone is determined by the Provision of Foster Care Act (ZIRD). Significant changes since 2013: the possibility of obtaining an extraordinary foster care permit also for a person who did not apply according to the prescribed procedure and who is not a relative of the child, exclusively in view of special circumstances that follow the needs of the child; foster parents have been given a new power to obtain information and make decisions related to the child’s daily life; change of the term “foster child” to the term “child”; the number of hours of compulsory training for foster parents is increasing; introduction of a new one-off cash benefit upon the first placement of a child in foster care; increase in the monthly amount of material costs for the child; more flexible possibility of including professional foster parents in compulsory pension and disability insurance; the possibility of extending the stay in foster families to persons who, after completing secondary education, are actively looking for employment and have no other possibility of residence, thus enabling easier resolution of the employment and housing issue and thus independence; the amount of payment for work as part of the foster care payment that belongs to the foster parent increases.

178.Other benefits: Foster parents and guardians have the right to compensation for the care of a close family member when the child is actually cared for and protected for; the foster parent can claim maternal, paternal or parental leave (and related allowance) and the right to part-time work; large family allowance (when three or more children from the same family live without parents) and childcare allowance; the foster parent is entitled to 30 days of parental leave when placing a child who has not yet completed the first grade of primary school; children in foster care are completely exempt from kindergarten fees, pupils placed in foster care have a fully subsidised school lunch and lunch, and students have a school lunch; an employed foster parent is entitled to an additional day of annual leave for a child under the age of 15 who is in foster care, as well as special protection in connection with night and overtime work; personal income tax is not paid on the benefits received by the foster parent or provider of social care services in another family for the provision of services within the public service, if they conclude a contract with the CSD for this service; the foster parent may claim a lower annual fee of 50% of the annual fee for personal vehicles in the case of joint residence of the applicant (foster parent) and four or more children old up to 18 years. A foster parent who is entitled to this benefit is also entitled to assistance with the purchase of the vignette.

179.RS conducts regular annual training courses for foster parents and candidates for foster care (Table 16).

180.Expert guidelines for the work of the CSD in the field of foster care were issued.

G.Conducing regular accommodation inspection (Article 25)

181.The provision of the Convention has already been explained in the combined third and fourth reports of RS (CRC/C/SVN/3–4), individual explanatory notes are included in item VI. f) and h).

H.Adoption (national and international) (Article 21)

182.More on this in Table 96.

I.Illegal transfer and non-refoulement (Article 11)

183.More on this in Table 97.

VII.Disability, basic health and social services (Article 6, the third paragraph of Article 18, Articles 23, 24, 26, the first to third paragraphs of Article 27, Article 33)

A.Children with special needs and measures (Articles 23 and 6)

Information relating to paragraph 51

184.In the RS, the upbringing and education of children with special needs is based on the following goals and principles: ensuring the maximum benefit of the child, integrity and complexity of upbringing and education, equal opportunities while taking into account the different needs of children, involving parents, adoptive parents, foster parents and guardians assistance, individualised approach, inter-disciplinarity, maintaining a balance between different areas of the child’s physical and mental development, directing to an appropriate education programme as soon as possible, immediate and continuous support and professional assistance in education programmes, vertical transition and coherence of programmes, organisation of upbringing and education as close as possible to the place of residence, providing appropriate conditions that enable the optimal development of the individual child.

185.The Placement of Children with Special Needs Act (ZUOPP-1) provides for the preparation of an individualised plan for each child with special needs who needs adapted educational programmes and/or additional professional assistance.

186.The process of guiding children with special needs in the first instance is led by an expert commission composed of experts from various disciplines. Based on the opinion of the commission, children with special needs are directed to various programs. The child’s orientation influences the form of help and support, including in the field of education (adapted implementation of programmes, additional professional assistance, physical assistance, etc.), parental care and family benefits, healthcare (medical devices, reimbursements for medicines and food, etc.).

187.In 2019, the new Act Regulating the Integrated Early Treatment of Preschool Children with Special Needs (ZOPOPP) came into force, which establishes the provision of comprehensive early assistance to families and children with special needs and thus improves the quality of life of these families. Comprehensive early treatment, which includes children with special needs and children with risk factors and their families in the pre-school period, takes place in early treatment centres within developmental clinics throughout Slovenia. The children are treated by a multidisciplinary team, an individual family assistance plan is prepared for the family, and a representative of the child’s family cooperates with the multidisciplinary team.

188.The rights of children or parents of children in need of special care and protection are regulated by the ZSDP. The provisions that are relevant for children with special needs are: at the birth of a child in need of special care and protection, parental leave is extended by 90 days (based on the opinion of the medical committee); in the event that a child’s physical or mental development disorder or long-term serious illness is established after exercising the right to parental leave and the child has not yet reached the age of 18 months, one parent is entitled to 90 days of leave and care from the date of recognition of the right; the right to work part-time. One of the parents who protects and nurtures a moderately or severely handicapped child or a moderately or severely mentally handicapped child may extend the right to part-time work until the child is eighteen years of age. He or she may extend this right on the basis of the opinion of the medical committee. The CSD may exercise the right to pay a proportionate share of social security contributions up to full employment; parental allowance is extended at the birth of a child in need of special care and protection for an additional 90 days (based on the opinion of the competent medical committee); a childcare allowance in need of special care and protection is a right that can be exercised by one of the parents. The childcare allowance totals EUR 102.40 per month, and EUR 204.80 for children with severe mental disabilities or children with severe mobility impairments or children with certain diseases from the list of serious illnesses; partial payment for lost income is the remuneration received by one of the parents or another person when he or she terminates the employment relationship or starts working part-time for the care and protection of a child with a severe mental disability or a child with severe mobility impairment or a child with certain diseases from the list of serious diseases.

189.Parents of children in need of special care and protection are also entitled to other rights – additional days of annual leave, higher amount of tax exemption, tax refund on motor vehicles for the purchase of a motor vehicle for the transport of a disabled person, exemption from annual duty for vehicles for the transport of disabled persons, a refund of price difference for the vignette for combined vehicles and the vignette for passenger cars, free adapted transport of a severely handicapped child, etc.

190.MIZŠ implements a number of projects aimed at improving the quality of life of children with special needs and ensuring equality (Table 36).

B.Health and healthcare services (Article 24) and illicit drugs (Article 33)

Information relating to paragraph 53

191.In the RS, children and adolescents are provided with free healthcare services (until the end of their studies), access to a paediatrician at the primary level, preventive programmes for children including examinations, vaccination, health education, etc. At the primary level of healthcare, a specialist paediatrician or school physician takes care of children. A network of other healthcare providers is also provided for the comprehensive treatment of children – clinical psychologists, speech therapists, developmental paediatric teams, etc. All children therefore have the right to healthcare, but there are differences in access to services (due to the distance from healthcare institutions, poorer awareness of rights, etc.). Slovenia is working to improve this, therefore ReDP18-28 sets out the following measures: measures to ensure equal access of all children to up-to-date quality health programmes (early identification, treatment, high-risk intervention, IT support); raising awareness of parents, children and adolescents about inclusion in prevention programmes, especially those with perceived lower involvement, etc. In 2016, the Resolution on the National Health Care Plan 2016–2025 “Together for a Health Society” (ReNPZV16–25), which focuses on reducing health inequalities, was also adopted. In the last ten years, the NIJZ, Murska Sobota Organisational Unit, has been developing and implementing approaches to reducing health inequalities at the regional and local level, or has been in direct contact with the population. We transferred this approach to all other regions in Slovenia.

192.Since 2011, obesity has been slowly declining. Various measures have contributed to this, e.g. excellently organised nutrition system in kindergartens and schools, compliance with dietary guidelines, the Traditional Slovenian Breakfast project, which promotes breakfast and compiling menus with local food, promotion of movement, additional hour of physical education, ban on vending machines in the school environment, the establishment of health promotion centres and the development of a family treatment programme for childhood and adolescent obesity, which includes comprehensive treatment of obesity at the primary healthcare level, where the child changes his or her lifestyle with the active participation of parents. In collaboration with the World Health Organization, Nutrition Guidelines have been developed to establish rules of conduct for television broadcasters regarding the advertising of unhealthy foods.

193.The Resolution on the National Programme on Nutrition and Physical Activity for Health 2015–2025 (ReNPPTDZ) includes measures to improve eating habits and promote regular physical activity. It comprehensively addresses a variety of population groups, from infants, children, students, adults and older adults. During the implementation of the three-year action plan until 2018, we carried out more than 170 activities and connected stakeholders on the joint Bon Appétit, Slovenia portal. The second action plan will pay even more attention to the inclusion of children from the most vulnerable groups.

194.MIZŠ tenders projects with the aims of encouraging school children to form a healthy lifestyle through additional sports activities. Physical education is a compulsory subject in the primary school curriculum. Educational contents related to healthy eating are included in the school curriculum. There is also an EU school scheme in primary schools, which provides students with a free extra meal of fruit and vegetables and milk and dairy products. The scheme also links children to agriculture through educational activities and improves their eating habits (Table 37).

Information relating to paragraph 55

195.ReNPDZ18–28 envisages measures for the promotion of mental health and the prevention of mental disorders for children and adolescents and their families, and defines the priority topic of suicide prevention. The centres for mental health of children and adolescents are being established. In 2020, ten (out of the planned 25) such centres were established, which enable locally accessible, early and multidisciplinary treatment of children and adolescents with mental health problems within the framework of primary health care and in close cooperation with other services, school professionals, teachers and social protection professionals.

196.A unit for intensive child and adolescent psychiatry has been opened at the Ljubljana University Psychiatric Clinic since 2019, which also includes a protected ward for adolescents with psychotic disorders. The opening of the ward has significantly contributed to the improvement of the mental health situation of children and adolescents, and the possibility of access to paediatric psychiatric services has increased. The ward can accommodate 10 adolescents and will be able to admit around 120 patients a year.

197.The last decade has seen a decline in suicides among young people and is approaching the European average.

198.MZ regularly co-finances programmes on health and mental health promotion for children and adolescents, within the framework of public tenders for health protection and promotion programmes – mental health programmes, healthy nutrition and physical activity, healthy and safe sexuality and reduction of harmful alcohol and tobacco use and drug abuse among young people.

199.The Resolution on the National Programme on Illicit Drugs 2014–2020 (ReNPPD14–20) is aimed at promoting drug prevention and various programmes for reduction of demand for drugs and prevention activities, which also take into account the simultaneous implementation of measures to prevent alcohol and tobacco use.

Information relating to paragraph 57

200.Breastfeeding promotion measures are implemented through breastfeeding and lactation training for maternity health professionals (Unicef). Research shows that almost all mothers breastfeed in maternity hospitals, and exclusive breastfeeding is present in three quarters of mothers when they leave the maternity hospital. ReNPPTDZ places great importance to breastfeeding. The following two strategic goals are set: to increase the share of exclusively breastfed children at 6 months from 8.2% to 20% and to increase the share of breastfed children with adequate supplementary nutrition at 12 months from 32% to 40%.

201.Since 2016, the Regulation of the European Parliament and of the Council on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control shall apply. The Regulation lays down composition and information requirements for a number of food categories, namely infant formulae and follow-on formulae and processed cereal-based foods and baby foods. It also prescribes a statement on the benefits of breastfeeding and a statement recommending that the product be used only on the advice of independent experts in the field of medicine, pharmacy or nutrition or other experts in the field of maternal and child care. Furthermore, the packaging of the product must not contain pictures of babies or text that would in any way idealise the use of the product. Nutritional and health claims from the list that are approved in the EU alone may be mentioned on the label. In addition, the infant formulae must be marked in such a way that they cannot be confused with the follow-on formulae. Advertising of infant formulae is limited to publications specialising in infant care and to professional publications, and includes only professional information and facts. All other means of advertising with a view to promoting the sale of such products are prohibited by that Regulation.

C.Social protection (the third paragraph of Article 26) and standard of living (the first to third paragraphs of Article 27)

Information relating to paragraph 59 (a)

202.RS regulates the issue of child poverty through various rights, programmes and measures. Measures related to the rights from parental care and family benefits are described in the reply to recommendation No. 15, the situation of children in reply to recommendation No. 17, measures from ReDP18-28 – Table 82. In order to prevent child poverty and ensure their social inclusion, the Resolution on the national social assistance programme2013–2020(ReNPSV13-20) focuses mainly on families that are more vulnerable for various reasons. Thus, one of the fundamental objectives of the resolution is to reduce the risk of poverty and increase the social inclusion of socially vulnerable and vulnerable groups. Measures range from providing adequate financial assistance to activation and social inclusion programmes that change lifestyle patterns of poverty.

203.During the economic crisis, changes in social legislation were adopted that increased the rights of the most vulnerable groups, including large and single-parent families and families with school-age children. In 2014, changes in social legislation relaxed the conditions for determining the material situation for entitlement to rights from public funds. In 2016, we partially eliminated austerity measures in the field of social security benefits, and in 2017 all austerity measures were abolished. In 2018, the circle of beneficiaries of the subsidy for lunch and meals expanded. In order to increase the efficiency, quality of work and accessibility of services, and in order to develop new forms of professional work or field work, the reorganization of CSDs began in October 2018 in accordance with the adopted amendments to the Social Assistance Act (ZSV). The reorganisation included a change in the organisational structure of the CSD, an informative calculation (issuance of decisions on annual rights from public funds – child allowance, state scholarship, reduced kindergarten fees, school meals subsidy – without the participation of a professional) and a social activation project. In order to perform the informative calculation, we prepared amendments to the Exercise of Rights from Public Funds Act (ZUPJS). In 2019, the amendment to ZUPJS-I came into force, which abolished the fictitious calculation of an individual right to which an individual or family could be entitled if it had previously exercised it in accordance with the order and enabled even easier and more effective decision-making on rights from public funds. In 2017, a survey of the minimum cost of living was conducted, the result of which was that the amount of the minimum cost of living of a single working active person receiving temporary social assistance temporarily totals EUR 441.67. In 2018, an amendment to ZSVar was adopted, which raised the basic amount of the minimum income to EUR 385.05 and increased the circle of beneficiaries of cash social assistance (as well as compensatory supplement). Due to the adjustment to the growth of consumer prices, this totals EUR 402.18 from 1 August 2019 onwards.

204.In accordance with the constitutional and legal regulations, the NPUR 2017–2021 cannot impose tasks on municipalities as self-government units. Nevertheless, the 2017–2021 NPUR envisages a whole set of measures aimed at strengthening integration and cooperation with the local level, where activities are carried out at the local level, especially in the framework of the National Platform for Roma project, namely in cooperation with municipalities and other institutions at the local level and members of the Roma community. The project addresses key areas and challenges related to Roma children as one of the most vulnerable groups of the population, and supports interested municipalities in developing action plans for Roma inclusion and a multidisciplinary approach to addressing challenges.

Information relating to paragraph 59 (b)

205.In the field of parental care, the ZUJF reduced some benefits or limited rights, but all rights have already been restored to the starting point or some rights have even improved. One of the measures in the ReDP18-28 is to maintain and strengthen the achieved level of rights related to the family area.

Information relating to paragraph 59 (c) and 59 (e)

206.The NPUR2017–2021 states that one of the strategic goals is to improve the living conditions of Roma, accelerate the arrangement of settlements with a majority Roma population, in accordance with national legal requirements for ensuring access to public goods (water, electricity) and promote the elimination of effective spatial separation.

207.Access to drinking water was also decided by the European Court of Human Rights (Hudorovič and others vs. Slovenia), which found no infringement of Article 3 of the ECHR (prohibition of torture) in conjunction with Article 14 (prohibition of discrimination). The case concerned access to drinking water and access to the basic public infrastructure in Roma settlements, and the ECtHR ruled that there was no infringement.

208.In 2017, a special inter- governmental expert working group was established to address the spatial issues of the Roma, which in the end prepared its final report with recommendations (Table 78).

Information relating to paragraph 59 (d)

209.Collection and processing of the so-called disaggregated personal data on people’s personal circumstances (aspect of equality or facilitation of statistical analyses regarding the state of discrimination) from the point of view of free expression of ethnicity (Article 61 of URS) and freedom of conscience and religion (the first paragraph of Article 41 of URS) and equality before the law (Article 14 of URS) in Slovenia, with certain exceptions, are not possible, but in the framework of the preparation of the new Personal Data Protection Act we will carefully examine the need for more appropriate regulation in this area and examine whether, in order to pursue permissible objectives (e.g. the implementation of a policy of positive discrimination), in compliance with all fundamental constitutional principles and with respect for human rights and fundamental freedoms, it is legally possible to envisage a very limited range of reasons for collecting such personal data.

VIII.Education, leisure time and cultural activities(Articles 28–31)

A.Education (Article 28)

210.More on this in Table 98.

Information relating to paragraph 61 (a)

211.The reply is contained in the reply to recommendation No. 61 c) and d) and Table 94.

212.The Kindergartens Act (ZVrt) prescribes that pre-school education in kindergartens is an integral part of the education system and is based on the principles of: democracy, pluralism, autonomy, professionalism and responsibility of employees, equal opportunities for children and parents, taking into account differences between children, the right to choose and be different, and maintaining the balance between various aspects of a child’s physical and mental development. The implementation of these principles contributes to the holistic provision of the needs of all children up to the age of five. Special attention is paid to the upbringing of children in areas with special development problems, ethnically mixed areas and to the upbringing of Roma children, where the said act prescribes the adoption of special norms and standards. In addition, MIZŠ provides funds from the state budget for the payment of higher costs for the departments of Roma children in kindergartens.

213.In public kindergartens there are daily, half-day and shorter programmes. The amendment to the ZVrt in 2017 brought about a special form of a shorter programme intended for children who had not yet been included in kindergarten in the year before entering primary school. This programme covers 240 hours per year and is available free of charge for parents. The measure of introducing a shorter programme was intended primarily for children from vulnerable groups or children living in remote places, and the kindergarten is too far away for them to be brought there by their parents every day. Therefore, a lower norm is set for the creation of a shorter programme department, which is formed when the inclusion of at least five children is ensured. Therefore, it is extremely important in areas where members of the Roma community live, who do not include children in any other form of preschool education.

Information relating to paragraph 61 (b)

214.Austerity measures in the field of education were completely abolished on 1 January 2019.

Information relating to paragraph 61 (c), (d) and (e)

215.RS provides quality and widely accessible public education, protection and education based on the concept of inclusion. Measures are being taken to increase the inclusion of Roma children and to improve the quality of work with Roma children: pre-school education and care is financed/co-financed by municipalities and the state (parents cover the difference from 0% to 77% of the programme price according to the income class they occupy; thus, parents with the lowest incomes are exempt from kindergarten fees); special norms and additional funding from the state budget are envisaged for pre-school classes for Roma children; the state specifically treats and also recognises the benefits for schools for the upbringing and education of Roma students; additional financial resources are earmarked for individual or group work with Roma pupils-; more favourable norms were set for classes with Roma children; research and development tasks related to the issue of more successful inclusion of Roma pupils are financed.

216.The NPUR2017–2021 envisages the introduction of measures that will help to more effectively include Roma in pre-school education, primary and secondary school and in non-formal forms of education. As an added value that has a positive impact on the involvement of children in preschool education and the educational process, is the introduction of the so-called Roma assistant and special programmes intended for pre-school children implemented in the Roma community within community incubators. Therefore, development projects were aimed at more successful achievement of the standards of knowledge of Roma children in primary school and their maximum inclusion in the secondary level of education, as well as in raising the educational level of Roma assistants. In 2017, there were 26 active Roma assistants, of which 20 were members of the Roma community. 6 of them are studying at the faculty, 6 of them are completing secondary professional training for pre-school education. In addition to Roma assistants, the project employs 6 members of the Roma community in other positions of employment.

217.Numerous projects in the field of education of Roma children and awareness of tolerance are also being implemented (Table 79).

218.This year, we will start analysing the situation regarding possible prejudices about Roma in school textbooks, and based on the findings, we will start appropriate activities to eliminate them.

B.Education targets (Article 29)

219.More on this in Table 58.

Information relating to paragraph 63

220.The ZOFVI, the Basic School Act (ZOsn), the General Upper Secondary School Act and Vocational Education Act among the goals of education determine the goals that contribute to the realisation of the right of every individual to education without discrimination or exclusion and to the promotion of equal educational opportunities. In ZOsn, some goals are directly related to human rights education. The amendment to ZOsn reformed certain goals in order to convey the message that education is no longer only concerned with getting to know other cultures, but also with a responsible attitude towards them.

221.In connection with the topic of human rights, various projects are also being implemented, consultations have been organised, and Slovenia is also participating in the preparation of international documents (Table 81).

C.Children belonging to national minorities (Article 30)

222.More on this in Table 99.

D.Rest, play, leisure time, recreation and cultural and artistic activities (Article 31)

223.More on this in Table 100.

IX.Special safeguard measures (Articles 22, 30, 32, 33, 35, 36, 37 (b)–(d) and Articles 38–40)

A.Refugee children and unaccompanied minors (Article 22)

Information relating to paragraph 65 (a)

224.In recent years, RS has adopted systemic solutions to improve the situation of unaccompanied minors (MBS). In 2016, it adopted ZMZ, and in 2018 ZTuj, which are the basic laws in this field. Both laws stipulate that all minors are entitled to healthcare to the same extent as a child who is compulsorily insured as a family member. To the same extent, a school-age child is also entitled to healthcare after the age of 18, until the end of schooling, but no later than the age of 26.

Information relating to paragraph 65 (b)

225.Both ZMZ and ZTuj do not envisage regular performance of age determination tests. Such procedures are used as a last resort, namely when the identity of the minor foreigner is not confirmed and there is doubt that he or she is a minor or if in the case of the application for international protection it is considered, based on the opinion of officials or persons involved in working with unaccompanied minor (MBS), expresses doubts regarding their age.

Information relating to paragraph 65 (c)

226.MNZ treats every application for international protection in accordance with ZMZ and in accordance with the applicable European Union directives and international conventions. If the conditions are met, the person is granted one of two forms of international protection. The reason for the majority of rejected applications for international protection is non-compliance with the conditions that is most often demonstrated in the applicant’s unreliability in relation to information on the country of origin. Procedures for international protection are complex administrative procedures, with each application for recognition of international protection being decided individually, taking into account both subjective and objective elements. When deciding on international protection proceedings, MNZ respects the statutory time limits. The average duration of proceedings in RS in 2017 was 70 days, which is an improvement compared to 2016 (75 days) and 2015 (148 days).

227.With the adoption of the Decree on the methods and conditions for ensuring the rights of persons with international protection, financial assistance in the event of relocation to a private location has increased, namely the basic amount of an adult or applicant equals the basic minimum income. Prior to that, the ratio of financial assistance for an adult or applicant to the basic amount of the minimum income was 0.5. The applicant may also be relocated to a private location if certain conditions stipulated in the ZMZ are met, or in the case of exceptional circumstances of the applicant, if UOIM cannot provide them with accommodation in an asylum centre or its branch. In some cases, the applicant may also be relocated to an appropriate institution if this is due to exceptional personal circumstances established by a special committee. An applicant who has been granted such relocation and does not have his or her own means of subsistence or is not otherwise provided with subsistence and is not provided with free accommodation or another payer has been designated under another regulation shall be reimbursed for accommodation in another suitable institution or in the event of relocation to a private address, will be granted financial assistance on the basis of an application. The amount of financial assistance is determined anew with each change in the amount of the applicant’s monthly income or the change in the basic amount of the minimum income determined by the regulations governing social security benefits or changes that affect the assessment of financial assistance. In addition, an applicant who does not have his or her own means of subsistence is entitled to a pocket money paid to him or her monthly for the previous month.

Information relating to paragraph 67 (a) and (b)

228.MDDSZ is responsible for publication of a public call for candidates for training as legal representatives of the unaccompanied minor (MBS). The legal representative of a minor can be anyone who otherwise qualifies as a guardian and has attended training. A person who meets the conditions for a legal representative is included in the list of legal representatives by MDDSZ. The training of candidates for legal representatives, carried out by the Faculty of Social Work on the basis of a public authorisation and which for this purpose issues certificates of competence, includes knowledge of family law, social work, psychology, protection of children’s rights and duties, protection of human rights and fundamental freedoms and asylum law.

229.The new Decree on the statutory representation of unaccompanied minors, provision of adequate accommodation, care and treatment of MBS outside the Asylum Centre or its branch brings about important changes. The duration of training for candidates for legal representatives has been increased and optimised. The new regulation also provides additional support in the implementation of legal representation in the form of professional assistance to the CSD and the preparation of materials and information that support legal representatives in the performance of their tasks. If UOIM or other actors involved find that a certain legal representative is not performing the function in accordance with the law, they shall prepare a written explanation or proposal to the CSD, which shall carry out the appropriate procedure.

230.The unaccompanied minor that is illegally on the territory of RS and is in the process of return, is in accordance with ZTuj provided free legal advice in the process of issuing a decision on return provided by NGO (the police has concluded a contract with the Legal Information Centre NGO (PIC) and the International Organisation for Migration). In accordance with the law, in the event of the removal of the unaccompanied minor, the police immediately inform the CSD, which must immediately appoint a guardian for the minor for a special case.

231.Free legal aid is harmonised with the valid European legislation in the field of international protection at all stages of the asylum procedure, which is regulated by the ZMZ. Applicants are provided with basic procedural guarantees throughout the procedure on the basis of the said Act. The person applying for international protection is therefore provided with information on international protection procedures, the rights of applicants for international protection and their duty to cooperate with the competent authority and the consequences of non-cooperation, refugee counsellors and NGOs working in the field of asylum. The basic procedural guarantee for the applicant is also the right to follow the procedure in a language he or she understands. The assistance of an interpreter is provided to the applicant in accepting the application and in personal interview. He or she shall also receive in translation all the written documents and essential elements of the decision taken by the authority in relation to its application.

232.In addition to legislative solutions aimed at improving the situation of the unaccompanied minor, a project called Information and legal advice for foreigners in the field of international protection was implemented by the end of March 2020 by the PIC, which operates to provide assistance to applicants for international protection in asylum centre, foreigners and persons with international protection. A similar project is continuing on a smaller scale under the auspices of the UNHCR, where the PIC provides legal advice at its own discretion, but focuses mainly on vulnerable people with special needs.

233.Regarding cooperation with the CSD, we emphasise that the police and SCSD already in 2012 signed a protocol on cooperation in the implementation of assistance to unaccompanied minors. The Protocol was concluded in order to act in a uniform and efficient manner in terms of ensuring the best benefits to unaccompanied minors. Training of professionals at the CSD for working with migrants and victims of trafficking in human beings and other important projects were also carried out (Table 7 and 12).

Information relating to paragraph 67 (c)

234.The routine granting of “only” subsidiary assistance to MBS who applied for international protection, which lasts until they reach the age of majority, has never been systemically justified. Perhaps at some point, for the most part, only subsidiary protection was granted, not refugee status, but only as a result of circumstances. MNZ treats each application for international protection, including the application of unaccompanied minors, individually, taking into account both subjective and objective elements.

235.Since the best interests of the child are the primary concern in the treatment of minors, applications for international protection of unaccompanied minors, on the basis of ZMZ, are given priority. With the available staff, MNZ strives to decide on applications in the shortest possible time or within the time limits set out in ZMZ. The application in the ordinary procedure shall be decided within six months from the submission of the application. In the event that the competent authority is unable to decide on the application within six months, it must inform the applicant in writing of the delay and the reasons for it, and state the period within which the applicant can expect a decision to have been reached. In the event of the applicant’s failure to fulfil obligations, complex legal and factual issues or a large number of applications for international protection, the time limit for a decision in ordinary proceedings may be extended, but not by more than nine months. This period may be exceeded by a maximum of three additional months in justified circumstances and in order to ensure that the application is dealt with properly and comprehensively,

Information relating to paragraph 67 (d)

236.MNZ examined the possibility of acceding to the 1961 Convention on the Reduction of Statelessness. It found that ZDRS, which regulates the methods and conditions for acquiring citizenship of the RS, contains most of the recommendations of the said Convention, in some cases the act even determines simpler conditions for acquiring citizenship. However, MNZ has reservations as regards ratification due to Article 12 of the Convention, which provides for the retroactive application of Article 1 of the Convention to persons born in RS before the entry into force of the Convention. This raises the issue of acquiring Slovenian citizenship for persons born in the RS, but according to the applicable legislation at the time of the birth of these persons, they should acquire republican citizenship of another republic of the former Yugoslavia.

B.Children belonging to national minorities (Article 30)

237.The provision of the Convention has already been explained in the combined third and fourth reports of RS (CRC/C/SVN/3–4) and has been included in Chapter VIII c).

Information relating to paragraph 68

238.Part of the reply is contained in the reply to recommendation No. 61 c).

239.The ReDP18-28 is entitled “Society Friendly to All Families”, which means that it specifically addresses the issue of inequality. The resolution includes a number of measures in the field of health and education that contribute to the elimination of inequalities among children.

240.Numerous activities are being carried out with the aim of improving the health status of the Roma population and projects aimed at increasing access to healthcare services (Table 79).

C.Various forms of exploitation, illicit drugs, trafficking of children (Articles 32–36)

241.With regard to child labour (Article 32) and other forms of child exploitation (Article 36), the provision of the CRC has already been explained in the combined third and fourth reports of RS (CRC/C/SVN/3-4). The reply is also contained in the reply to recommendation No. 70 a)–d).

242.On the issue of drugs in the case of children (Article 33), the reply is contained in the reply to recommendation No. 55.

243.On sexual exploitation and sexual abuse (Article 34), the reply is contained in item V. c).

244.With regard to trafficking of children (Article 35), the provision of the CRC has already been explained in the combined third and fourth reports of RS (CRC/C/SVN/3-4). The reply is also contained in the replies to recommendation No. 72 a)–d) and Chapters V. b), X. b), d), e), g).

Information relating to paragraph 72 (a) and (c)

245.In 2018, the Anti-trafficking Service was established at MZZ, which provides professional support to the Anti-trafficking coordinator and ensures inter-ministerial cooperation. Activities in the field of preventing and combating trafficking in human beings are carried out on the basis of two-year action plans (2015–2016, 2017–2018, 2019–2020) prepared by the inter-service working group to combat trafficking in human beings. There were also regular training courses for all those who can encounter cases where minors are heard as victims of trafficking in human beings. Every year, the Social Chamber of Slovenia organises professional training on the topic of human trafficking, which is intended for CSD employees. In 2018, a lecture on human trafficking was also held for primary and secondary school headmasters and headmistresses.

246.Every year, there are projects to raise awareness and inform children, adolescents and teachers in primary and secondary schools about human trafficking. From 2018, about a third of the workshops will take place in environments where members of the Roma community also live, with the aim of raising awareness about forced and arranged marriages. In addition, the crisis accommodation provider regularly conducts prevention workshops in primary and secondary schools and prepares and distributes information material.

Information relating to paragraph 72 (b)

247.Pursuant to ZKP, the police must, in the case of given reasons for suspicion that a criminal offence has been committed, for which the perpetrator is being prosecuted ex officio, take all necessary measures to trace the perpetrator of the criminal offence. Police officers should never cause, encourage or tolerate torture or other cruel, inhuman or degrading treatment or punishment. When performing police duties, police officers must ensure that the rights of everyone are protected. A police officer exercising authority or official duties with children or minors is required to always consider the child’s mental integrity, sensitivity, and other characteristics that they have observed. Investigators include criminal investigators who are specially trained to work with children and perform their tasks within groups or the Department of Juvenile Delinquency. Police officers are also obliged to treat persons in proceedings in accordance with the Code of Police Ethics. These provisions are also part of the learning process at the Police Academy and the training courses of police officers and criminal investigators.

Information relating to paragraph 72 (d)

248.The identification of victims of trafficking is based on the Handbook on Identification, Assistance and Protection of Victims of Trafficking, adopted in 2016. The handbook defines the role and tasks of state authorities and NGOs and humanitarian organisations in dealing with trafficking in human beings, and sets out measures to assist and protect victims. An important part of the handbook are indicators for identifying victims of trafficking, including children. The handbook also serves as an aid in the training of state authorities that encounter this issue during their work. All CSDs were thus acquainted with the handbook, which was presented to them at the seminar, together with the Human trafficking indicators.

249.To identify potential victims of trafficking in human beings among applicants for international protection in the Asylum Centre, the PATS project has been implemented for many years, with individual interviews for MBS and women, where individuals are familiar with trafficking and preventive measures. The project is also described in the combined third and fourth reports of RS (CRC/C/SVN/3-4).

250.Assistance to victims of trafficking in human beings is provided in RS on the basis of Article 4 of the Act ratifying the CoE Convention on Action against Trafficking in Human Beings. The assistance is provided within the context of programmes of care for victims of trafficking in human beings in crisis and safe accommodation environment, which are financed by the Government of RS and implemented by NGOs and humanitarian organisations. The placement of the victim is carried out with her consent and includes appropriate and safe accommodation and material assistance, necessary treatment, psychological support, counselling and information, and, if necessary, translation services.

251.Training courses on child trafficking are available to both social care professionals and police personnel (Tables 7, 12 and 13).

Information relating to paragraph 70 (a), (b), (c) and (d)

252.In 2017, the study Child Labour in Slovenia was prepared (Table 64).

253.According to the Employment Relationships Act (ZDR-1), workers under the age of 18 enjoy special protection in employment, while the work of children under the age of 15 is prohibited, with some exceptions. A child may perform work with the prior permission of the Labour Inspector, which is issued by the latter on the basis of a request from a legal representative. The requirements for ensuring the protection of health, physical and mental development of children, adolescents and young people at work and in connection with work are set out in the Rules on Protection of Health at Work of Children, Adolescents and Young Persons (Tables 62, 63).

254.Forced labour is one of the signs of the crime of trafficking in human beings (KZ-1) and, if committed against a child (in this case it is a qualified form), is punishable by imprisonment for three to fifteen years. Forcing a child to work excessively or to work that is not appropriate for his or her age is also one of the signs of a qualified crime of child neglect and cruel treatment and is punishable by imprisonment for up to five years.

255.Police are investigating suspected criminal offences related to forced child labour. The police also investigate circumstances that would indicate forced labour as part of the investigation of other criminal offences or events in which children are involved.

256.The reply is also contained in the reply to recommendation No. 59 (d) (data collection).

257.The existing legislation is in line with the relevant conventions. In defining child labour, we primarily follow the guidelines of Convention No. 138 concerning Minimum Age for Admission to Employment, which stipulates that the minimum age for employment may not be lower than the age provided for the completion of compulsory schooling, and in no case lower than 15 years.

Information relating to paragraph 70 (e) and (f)

258.RS has ratified all basic and priority conventions of the International Labour Organization (including Convention No. 138 concerning Minimum Age for Admission to Employment and Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour), the majority of ILO conventions. referred to in the preamble and in Article 4 of the Domestic Workers Convention No. 189 (including Conventions No. 97 on Migration for Employment (revised) of 1949 and No. 143 concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers of 1975), as well as a number of international instruments in the field of human rights.

259.RS consistently observes the provisions of the ratified conventions of the International Labour Organization, and regularly reports to the International Labour Office on their implementation in accordance with Article 22 of the Constitution of the International Labour Organization. No EU Member State is included in the International Programme on the Elimination of Child Labour (as a receiving party of assistance).

260.Domestic employees are not treated differently from all other workers and enjoy full protection. These employees are subject to the provisions of ZDR, the provisions of the Minimum Wage Act and regulations in the field of safety and health at work. These workers also have the same access to complaint mechanisms and means to ensure compliance with the law as all other workers (including the exercise of rights by the employer and judicial protection, the possibility of alternative dispute resolution, inspections). Domestic employees are entitled to the full range of social security rights (including the maternity and paternity rights). Foreigners (employees in accordance with the regulations determining the conditions for employment and work of foreigners) are equal to Slovenian citizens in terms of rights and obligations arising from employment and safety and health at work.

D.Children deprived of their liberty, torture of children, children in armed conflict and rehabilitation and legal protection of children (Articles 37–40)

261.More on this in Table 101.

Information relating to paragraph 78

262.The amendment to ZKP-O was adopted. The changes contribute to the improvement of the procedural position of minors, taking into account the EU Directive as well as the provisions of the CRC and the stated international standards. Thus, the proposal includes training of key stakeholders in proceedings against a minor, extension of mandatory defence with an advocate, the right of a minor to be informed, the right of a minor to be informed of his rights by a parent or guardian who may accompany him or her in the proceedings, designation of another adult, who may be informed of the minor’s rights and accompany him or her in the proceedings when informing the parents or guardian would be contrary to the minor’s benefit or where the course of the proceedings would be jeopardised, special treatment at the time of deprivation of liberty and the right to a medical examination. The proposal emphasises in particular the duty of all those involved in proceedings against a minor to respect his or her dignity and to act with particular care and consideration so that the proceedings do not adversely affect his or her development. However, in all proceedings in which the minor is treated, his or her benefit must be taken into account.

263.In the RS, a person who has reached the age of 14 at the time of committing a criminal offence is criminally responsible. ZKP determines alternative ways of dealing with perpetrators of criminal offences, namely to postpone criminal prosecution or transfer the case to the settlement procedure, whereby, in the case of minors, it determines a wider range of criminal offences in which such a way of treatment is possible, compared to with a set applicable to adult offenders.

264.In the case of a criminal offence punishable by imprisonment for up to three years or a fine, the public prosecutor may decide not to request criminal proceedings, although there is evidence that the juvenile has committed the offence if, given the nature of the offence and the circumstances in which it was committed and, given the minor’s previous life and personal characteristics, he or she realises that proceedings against him or her would not be expedient. The same may be decided if the juvenile commits a new criminal offence, and the public prosecutor decides that, given the gravity of the criminal offence and the sentence or educational measure already being implemented, the procedure and imposition of a criminal sanction would not make sense. According to the current regulations, the deprivation of liberty of minors is permissible only as a last resort. Thus, the extraordinary nature of detention is especially emphasised when it comes to proceedings against a minor, and imprisonment for juveniles who committed a criminal offence before the age of sixteen cannot be imposed at all. Detention shall be ordered against minors only exceptionally, but may last for a maximum of three months and shall be carried out separately from adult detainees, unless the contrary would be in the interest and to the benefit of the minor. All detainees have an advocate present in the proceedings, and they have the right to appeal against the ordered measure. The KZ provides for a wide range of educational measures, with the court always having to choose the mildest educational measure with which it will be possible to achieve the purpose of sanctioning a minor.

265.The purpose of educational measures and penalties for minors is to ensure their upbringing, re-education and proper development by protecting and assisting them, supervising them, their professional training and developing their personal responsibility. Institutional measures, in particular placement in an educational institution, by which a minor is excluded from the previous environment, may be used as a last resort and may last only as long as is necessary to achieve the purpose of the educational measures.

X.Follow-up Measures to the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography

A.Implementation of the recommendations of the Committee’s concluding observations

266.The action plan in the field of online sexual abuse is planned for 2021 and will also include materials on online sexual abuse of children.

B.Significant developments in legal and policy measures

267.The content of the Optional Protocol from Articles 2 and 3 is appropriately regulated in KZ. The replies are also contained in Chapter V. c and in the replies to recommendation No. 42 a), No. 70 b), c) and d) and No. 72 b). More on adoptions in Table 96.

C.Measures to establish the liability of legal entities for criminal offences

268.More on this in Table 105.

D.Prevention measures and raising awareness of the harmful effects of criminal offences

269.The replies are also contained in Chapters V. c) and V b) and the replies to recommendation No. 42 a) and c) and No. 72 a) and c).

270.Regular training in the field of sexual abuse is ongoing (Tables 10, 13 and 15).

271.We also draw attention to the online sexual abuse of children by posts on the website of the Police and social networks and through the media.

E.Children victims of criminal offences

272.More on this in Table 104.

F.Measures taken to protect children who have been victims and/or witnesses of practices prohibited under the Optional Protocol at all stages of criminal proceedings

273.The ZZOKPOHO provides that children who are victims or witnesses of certain criminal offences will be provided with comprehensive treatment in one place.

274.Measures to protect and assist child victims of sexual violence are presented in Chapter V c) and the replies to recommendation No. 42.

275.The reply is also contained in replies to recommendations No. 33, No. 40 a), 70 b), X b) and X c).

G.International cooperation

276.More on this in Table 102.

Information relating to paragraph 74 (a)

277.The replies are covered in item No. X. b), Table 105 and the reply to question No. 40 a), 72 d).

Information relating to paragraph 74 (b)

278.The reply is contained in the reply to recommendation No. 72 d), No. 42 in No. 44 and Chapter V. b).

Information relating to paragraph 74 (c)

279.The reply is contained in Chapters V. b), Table 104 and replies to recommendation No. 42 and No. 44.

Information relating to paragraph 74 (d)

280.The content of the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography is regulated in national legislation. The reply is also contained in Chapter X b). The content is partly related to the replies to recommendations No. 42 c), 72 a) and 72 d).

XI.Follow-up measures to the Optional Protocol to the CRC on the involvement of children in armed conflict

A.Implementation of the recommendations of the Committee’s concluding observations

281.Recommendations of the Committee’s concluding observations are implemented accordingly.

B.Minimum age for conscription

282.The minimum age for conscription is 18 years.

C.Minimum age to voluntarily join the army

283.In the case of the implementation of the recruitment system, it may also be before the age of 18, but not earlier than in the year in which the person reaches the age of 18.

D.Legal measures and policy actions

284.The Optional Protocol to the CRC on the involvement of children in armed conflict is being implemented accordingly.

E.Participation of children in military conflicts

285.The children did not take part in any military conflicts.

F.Physical and mental recovery of children

286.Children are not recruited into the Slovenian army.

G.Identification of children affected by armed conflict and assistance

287.The information is also contained in the reply to recommendation No. 76 and Table 103.

Information relating to paragraph 76

288.Children residing illegally in RS have the status of an applicant for international protection or the status of a person with international protection are provided with accommodation in public dormitories. The MBS are accommodated in the Postojna Dormitory, where they are provided with 24-hour care. In 2019, 84 MBS were accommodated. They are provided with education, help with integration into society, help with learning, learning the Slovenian language, leisure activities, trips, membership in the local library, socialising with the local population, etc. The unaccompanied minor is provided counselling as well as psychological or psychiatric help within the appropriate services. Each person with a recognised status is assigned an integration consultant to prepare a personal integration plan and provide accommodation in one of the integration houses. For faster integration, persons with recognised international protection are entitled to various programmes, the most important being the Slovenian language course. In addition, various other projects are being implemented (Table 83).

289.In 2020, UOIM, MNZ, MDDSZ, the Police, MP, eleven participating NGOs and UNHCR signed the revised Standard Operating Procedures for Prevention and Action in Cases of Sexual and Gender-Based Violence against Persons Treated under the Provisions of the ZMZ. The document aims to provide security, prevent the escalation of violence, reduce and eliminate the consequences of violence and strengthen the persons with experience of sexual and gender-based violence (Table 66).

290.The reply is also contained in the reply to question No. 67 c) and 72 d).

H.Children charged with war crimes

291.No child has been charged with a war crime committed in the course of their recruitment or use in military conflict.