The National Human Rights System of Slovenia

Abstract

Following the fall of communism in 1991, Slovenia committed itself to robustly protecting fundamental rights in its new Constitution. Fundamental rights not only form the starting points of the Constitution’s Preamble, but are also, as a principle, directly enforceable. Their constitutional regulation has been relatively stable over more than thirty years, having been only rarely amended. Nevertheless, certain amendments have introduced some new rights and expanded the aspects of existing ones.

Fundamental rights may be limited by the rights of others and in cases determined by the Constitution. Moreover, they can also be restricted in the public interest only if the principle of proportionality is secured. Fundamental rights can even be temporarily suspended, but only in the event of a state of war or emergency. In the event of their infringement, legal redress is provided by regular courts and the Constitutional Court. Access to the Constitutional Court is conditional upon the exhaustion of all available legal remedies. Although the Constitutional Court has the final word within the Slovenian legal system on the protection of fundamental rights, Slovenian law also provides for a general Human Rights Ombudsperson, as well as several specialised ombudspersons responsible for specific areas of human rights protection (e.g. health and children’s rights).