LEGEBITRA

Activities Youth program (-30) (counseling, support groups, socializing activities, youth camps, information point, trainings, seminars, workshops…) Counseling (self-help groups, phone line, personal counseling…) HIV / AIDS prevention (awareness raising, free testing, working with MSM, partner to a national strategy 2010 – 2015 on HIV / AIDS prevention) Publications (LGBT magazine, researches, awareness raising brochures…) LGBT Human Rights monitoring (Activate) Transmission (safe space for trans-people)

Lobbying & Advocacy HIV / AIDS prevention Researches & Studies LGBT Human Rights monitoring Campaigning for legislation changes

HIV / AIDS prevention Extensive work on national HIV/AIDS prevention strategy for years 2010 – 2015 in 2009 RESULT - Adopted Strategy in December 2009 Development of Action Plan -National HIV/AIDS awareness campaign “Spread the word, not the virus!” ( - working together with NGO’s, Ministry of Health, Institute for health, Faculty of social sciencewww.stop-aids.si -Building a national NGO coalition STOP AIDS SLOVENIA! (6 NGO’s working in the area of HIV/AIDS prevention) -Pilot project – “Field HIV testing for MSM” – First time in Slovenia -Further development on action plan based on pillars as stated in national HIV/AIDS prevention strategy for years 2010 – 2015

Researches, Studies & Publications -Research on Everyday life of LGBT Youth in Slovenia (2007) -Research, monitoring and recording of cases of discrimination and rights violations against LGBT people in Slovenia in the period from November 2007 to November On-going: The situation of LGBT Teachers (“Sorry miss, are you a lesbian!?”) (2010) -No place for faggots! Homophobic violence in schools: a scientific article in Journal of Contemporary Educational Studies -Narobe magazine (

LGBT Human Rigths monitoring Documenting cases Awareness raising on “safe behavior”? “Liaisoning” with the police & the Ministry of the Interior Supporting the victim –Counseling / information dissemination –Legal help (references) –Reporting to the police –Issuing press releases & reports

Campaining for legislation changes -Active participation in the formulation of the same- sex partnership act (2000 – 2005) -Active participation in the formulation and campaigning for passing of the new Family Law (Partnership with other NGOs, support of PILI, non- formal contacts & lobbying)

LEGAL PROTECTION

Constitution Prohibition of discrimination is defined under Article 14 of the Constitution of the Republic of Slovenia, which states that in Slovenia, all citizens have equal rights and fundamental freedoms irrespective of national origin, race, sex, language, religion, political or other conviction, material standard, birth, education, social status, disability or any other personal circumstance. Among personal circumstances the same-sex orientation is not mentioned explicitly, but "any other personal circumstance" can also include sexual orientation.

After accession The Employment Equality Directive was implemented by the Zakon o delovnih razmerjih [Employment Relationships Act], in force since , and by the Implementation of the Principle of Equal Treatment Act. The Implementation of the Principle of Equal Treatment Act prohibits discrimination against any person in the exercise of his/her rights and duties and in the exercise of his/her fundamental freedoms in any aspect of the social sphere, in particular in the fields of employment, education, social security and access to and provision of goods and services.

Penal Code In cases where discrimination is carried out intentionally it can be prosecuted in accordance with Article 141 of the Penal Code, adopted on 28 May 2008, which defines the criminal offence of violation of the equality principle. Whoever, due to differences in respect of nationality, race, colour of skin, religion, ethnic roots, gender, language, political or other beliefs, sexual orientation, material condition, birth status, education, social position or any other circumstance, deprives or restrains another person of any human right or liberty recognised by the international community or provided by the Constitution.

Hate Speech First paragraph of Article 297 of the Penal Code defines that "the person, who publically propagates and encourages national, racial, religious or other hate, discord or intolerance, or encourages other kinds of inequality due to physical or mental disabilities or sexual orientation, is punishable with a prison sentence of no more than two years.

International Protection Act The Zakon o mednarodni zaščiti [International Protection Act] replicates the definition of the refugee contained in Directive 2004/83/EC (Directive on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted includes the reference to sexual orientation as a ground of persecution).

Article 3 of the International Protection Act includes ‘spouses’ and ‘extra-marital partners in long-term relationships as defined by regulations on the right to residence of aliens in Slovenia’ among the family members, however this would not extend to same-sex spouses or partners.

Aliens Act Slovenia The Zakon o tujcih [Aliens Act] implements Directive 2004/38/EC (on the right of citizens of the Union and their family members to move and reside freely (Freedom of movement for workers) in Slovenian law. The term ‘spouse’ which appears in this legislation is reserved for the marital relationship between heterosexual partners.

Registration of Same-sex Partnership Act The registered partnership (same-sex union) as defined by the Slovenian Zakon o registraciji istospolne partnerske skupnosti [Registration of Same-sex Partnership Act] is not equivalent to marriage, and therefore the registered partner of a citizen of the Union is not granted automatic rights of entry and residence.

Article 22 - ZRIPS The right to inheritance is regulated substantially differently and among other articles this one also places same-sex partners in an inferior position to Heterosexual partners. Specifically, Article 22 of the ZRIPS differentiates between the special and the collective types of property of the partners and defines different forms of inheritance for each of these two types, while heterosexual partners’ inheritance is regulated according to the Inheritance Act.

Employment Relationships Act & Ombudsman The Zakon o delovnih razmerjih [Employment Relationships Act] establishes the Council of the Government for the Implementation of the Principle of Equal Treatment; and it provides that complaints may be filed with the Equality Advocate. In addition, since the Ombudsman is to protect human rights and basic freedoms in matters involving state bodies, local government bodies and statutory authorities, it too may provide an avenue to victims of sexual orientation discrimination.

While the Council of the Government for the Implementation of the Principle of Equal Treatment has promotional duties, the Equality Advocate may act on the basis of complaints leading to opinions and recommendations addressed to the author of the discrimination, and may also adopt advisory opinions. In total, 4 complaints were filed with the Equality Advocate since 2000 (last data 2008) based on sexual orientation discrimination. None of these led to a finding of discrimination.

Influential practices / legislation changes (Legebitra) -ZRIPS (Law on the registration of same-sex unions/partnerships) 2004 / Legebitra VS The Ministry of Labour, Family and Social Affairs The case of Kern & Blažič VS The State National campaign supporting the passing of the new Family Law 2010 (cooperation with PILI - Public Interest Law Initiative)