Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information contained in the Government's first report and requests the Government to provide additional information on the following points.

1. Noting that article 14 of the Constitution prohibits discrimination on all of the grounds listed in Article 1, paragraph 1(a) of the Convention with the exception of "colour", the Committee requests the Government to take measures in any future revision of legislation to add this to the list of grounds upon which discrimination is prohibited in employment and occupation. In the meantime, the Committee would be grateful if the Government would indicate the measures taken to ensure that discrimination does not exist in practice for this reason.

2. The Committee notes that article 42 of the Constitution prohibits members of the armed forces and the police from joining any political party. It would be grateful if the Government would provide information on the rationale underlying this prohibition and how this section has been applied in practice. While noting the ban on discrimination on political beliefs contained in the Constitution, the Committee would also be grateful if the Government would confirm that political suitability is no longer a condition for holding any job other than conditions which can be justified under Article 1, paragraph 2 and Article 4 of the Convention.

3. The Committee requests the Government to provide details on the steps which the Government has taken to pursue a policy to promote equality of opportunity and treatment in employment and occupation based on the grounds listed in the Convention, and the specific contents and aims of this policy.

4. The Committee requests the Government to provide information on any action taken by the Commission for the Italian and Hungarian Minorities with regard to promoting employment and training opportunities for the members of these minority groups. Please provide similar information on other minority groups, if any.

5. With reference to article 65 of the Constitution concerning the status and special rights of the gypsy communities living in Slovenia, the Committee requests the Government to indicate whether any statute or other regulation has been enacted pursuant to this provision, and, if so, to provide a copy.

6. Please provide information on whether any action has been taken pursuant to article 159 of the Constitution to establish the office of Ombudsman responsible for the protection of human rights and fundamental freedoms or to appoint a special ombudsman for any particular matters. The Committee would also be grateful if the Government would provide information on the responsibilities and activities of the Council for the Protection of Human Rights, which was created by the Parliament of the Republic of Slovenia.

7. Noting with interest the establishment of the Office on Women's Policy, the Committee would be grateful if the Government would provide information on the methods of work that have been adopted by the Office to carry out its responsibilities, and on any activities that have been undertaken to promote equality of opportunity and treatment between men and women in vocational training, access to employment and particular occupations, terms and conditions of employment, and security of employment. Please also provide details on the manner in which the Office has carried out its duties in collaboration with other ministries and non-governmental organizations, including workers' and employers' organizations.

8. The Committee would be grateful if the Government would indicate the extent to which restrictions are placed on female applicants as compared to male applicants in vocational and higher education schools, including the special police school, on account of their sex, and any effort undertaken to ensure that sex-based restrictions, where found to occur, are eliminated.

9. Noting from the Government's report that women are granted the choice to retire five years prior to the normal date of retirement, the Committee would be grateful if the Government would indicate the rationale for not allowing men the same option and whether any consideration is being given to extending this option to men.

10. The Committee notes that in restricting night work for women, section 14 of the General Collective Agreement of 1990-92 prohibits night work for women when it is too physically hard or bad for their health, when it can be done by men, or if day work is not fully exploited or is badly organized. As this restriction goes beyond the scope of the Night Work (Women) Convention (Revised), 1948 (No. 89) which Slovenia has ratified, and which is limited to industrial undertakings, and appears to be based on objectives other than the protection of women, as is required under Article 5 of this Convention, the Committee requests the Government to indicate the circumstances in which this provision has actually been included in any collective agreement. It also requests the Government to provide copies of more recent general collective agreements.

11. With regard to the general restriction on women's employment in section 39 of the 1989 Act on fundamental rights, the Committee would be grateful if the Government would provide information on the types of work and employment where women are restricted or excluded from working, and indicate the basis for such restriction or exclusion.

12. Please provide a copy of the security clearance procedure mentioned by the Government in its report and any cases in which a person has claimed that his or her constitutional rights have been violated with regard to the application of this security clearance.

13. Please provide a copy of the most recent Penal Code, to which the Government referred in its report.