Committee on Economic, Social and Cultural Rights

Concluding observations on the second periodic report of Slovenia *

The Committee on Economic, Social and Cultural Rights considered the second report of Slovenia on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/C.12/SVN/2) at its 54th to 55th meetings (see E/C.12/2014/SR.54-55), held on 18 and 19 November 2014, and adopted, at its 70th meeting, held on 28 November 2014, the following concluding observations.

A.Introduction

The Committee welcomes the second periodic report submitted by the State party, the supplementary information provided in the replies to the list of issues (E/C.12/SVN/Q/2/Add.1), the State party’s core document (HRI/CORE/SVN/2014) and the oral replies provided by the delegation. The Committee also welcomes the constructive dialogue held with the State party’s large, high-level delegation.

B.Positive aspects

The Committee welcomes the State party’s ratification of:

(a)The Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto, in April 2008;

(b)The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, in January 2007.

The Committee welcomes the following legislative and policy measures taken by the State party:

(a)The Minimum Wage Act in 2010;

(b)The Pension and Disability Insurance Act in 2010;

(c)Introducing provisions on equal pay for equal work or work of equal value into the Employment Relationships Act;

(d)The National Programme of Measures for Roma People for the period 2010–2015 and the Strategy for Education of Roma;

(e)The 2013–2020 National Programme for Social Protection; and

(f)The projects “Successful integration of Roma children into education”, 2008‑2011 and 2011‑2014, and “Increasing the social and cultural capital in areas populated by members of the Roma community”, 2010.

C.Principal subjects of concern and recommendations

Domestic application of the Covenant

The Committee is concerned that, despite the fact that the Covenant has been fully incorporated into the State party’s domestic law, it has been invoked in only a limited number of cases before national courts(art. 2, para. 1).

The Committee recommends that the State party raise awareness among members of the judiciary , lawyers and the general public about the Covenant and the justiciability of economic, social and cultural rights. The Committee draws the State party’s attention to its general comme nt No.  9 (1998) on the domestic application of the Covenant.

Data collection

While taking note of the information provided during the dialogue about the legal prohibition on collecting disaggregated data on certain grounds, the Committee is concerned about the absence of sufficient disaggregated data on the effective realization of Covenant rights for disadvantaged and marginalized individuals and groups, in particular for Roma.

The Committee recommends that the State party take measures to establish a system for the collection and monitoring of annual data on Covenant rights, disaggregated by the currently prohibited grounds of discrimination , including race and language , and include such comprehensive annual data, on all the recommendations below, in its next periodic report.

Corruption

The Committee is concerned about corruption in the State party, the inadequate steps taken to address the matter, and its adverse impact on the enjoyment of all human rights, including economic, social and cultural rights (art. 2, para. 1).

The State party should, as a matter of priority, address the root causes of corruption and adopt all necessary policy and legislative measures to combat corruption and related impunity effectively and to ensure that public affairs are conducted, in law and in practice, in a transparent manner. The State party should also provide the Commission for the Prevention of Corruption with adequate resource s to ensure it operates effectively , and guarantee protection of the human rights of those engaged in anti-corruption activities, in particular victims, whist le -blowers, witnesses and their lawyers.

Maximum available resources

The Committee is concerned that austerity measures taken by the State party, such as the Fiscal Balance Act (2012), have impacted negatively on the fulfilment and enjoyment of economic, social and cultural rights. The Committee is also concerned at the process of adopting the austerity measures aimed solely at cutting expenses without carrying out the ne