UPR Sexual Rights Database

National Report:
Para 4) Several changes were introduced in the amended Criminal Code, which entered into force in May 2012, including revised definitions of the offences of ... trafficking in human beings (THB), the introduction of new offences of grooming persons under the age of 15 for sexual purposes, and intentional access to pornographic material by using information and communication technologies. Exploitation through prostitution has been defined as an aggravated offence in cases when the victim is a minor, and a more severe sentence is imposed for the abuse of minors in order to produce material of a pornographic nature or the use of minors in pornographic performances ...

Para 5) At the same time, the amended Criminal Procedure Act introduced a so-called preliminary hearing at which the defendant can enter into a plea bargain with the plaintiff and plead guilty. As a consequence, such proceedings are limited to a sentencing hearing, and the sentence may be reduced below the statutory minimum.

Para 6) In the reference period, legislative and policy activities related to preventing and combating THB were drafted in accordance with EU documents and guidelines. Article 113 of the Criminal Code which deals with THB was expanded to include a new mode of culpability. Apart from sexual exploitation, forced labour, enslavement and servitude, trafficking may also serve the purpose of the use of traded persons for the perpetration of offences (e.g. recruitment for street-theft). The first paragraph was amended to dispel any doubts as to whether THB with the consent of the injured person constitutes an offence. In the second paragraph, "giving or receiving payments or benefits to achieve the consent of a person having control over another person" was included as an aggravated form of this offence. A new third paragraph was added to Article 199 (Undeclared Employment), explicitly referring to the exploitation of victims of THB.

Para 29) Since 2010, Slovenia signed and ratified the following international treaties:
Council of Europe (CoE) Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention); ratified on 26 September 2013, entered into force on 1 January 2014.

Para 83) The amended Criminal Code specified criminal offences against sexual integrity of children in more detail, including Article 175 (Exploitation through Prostitution) and Article 176 (Presentation, Manufacture, Possession and Distribution of Pornographic Material). The sentence was elevated to a maximum of eight years, and intentional access to child pornography by computerised means was criminalised. The amendment introduced a new Article 173 a (criminal offence of soliciting persons under 15 years for sexual purposes), which incriminated grooming.

Para 85) In 2011, as part of the e-Justice project and to implement draft Article 35 of the CoE Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, the Ministry of Justice (MoJ) placed video conference equipment in 11 child-friendly interview rooms at social services. MoJ is preparing interdisciplinary training for experts on how to conduct interviews with children, including in the child-friendly interview rooms, by using video conference equipment.

National Report:
Para 51) Since 2004, a working group has been operating within the Institute of Public Health of Slovenia (IPHS) which regularly analyses all cases of maternal death. Each case is scrutinised following a single protocol. Based on the findings, the group publishes a comprehensive report every three years, with recommendations for clinical and public health measures in the field of reproductive health, focusing particularly on the importance of socio-economic factors, the detection and treatment of mental disorders, and the need for education and awareness raising among the general public and medical professionals. Between 2010 and 2013, several symposia were dedicated to the main causes of maternal death in Slovenia, and the national association of perinatal medicine adopted clinical guidelines. The Ministry of Health (MoH) co-finances programmes on reproductive health and rights at the national, regional and local levels. Since post-natal mental disorders and suicide are among the main causes of maternal death in Slovenia, in 2013 the IPHS published a draft programme for the detection and treatment of mental problems and disorders in the perinatal period, which will serve as the basis for further activities.

National Report:
Para 29) Since 2010, Slovenia signed and ratified the following international treaties:
CoE Convention on Preventing and Combating Violence against Women and Domestic Violence; signed on 8 September 2011.

Para 73) In 2009, Slovenia adopted the Resolution on the 2009-2014 National Programme on Prevention of Family Violence (NPPFV). This strategic document sets out objectives, measures and key players to reduce and prevent domestic violence. The document aims to combine measures implemented by various ministries and provides for effective activities to reduce domestic violence, both in terms of identification and prevention. Therefore, the Resolution also provides for the implementation of a national awareness-raising campaign on the issue of violence and for reducing the extent of such deviant behaviour in every society. Rules were adopted in certain fields to implement the 2008 Family Violence Prevention Act (FVPA), effectively provide assistance to children and cooperate with other authorities.

Para 74) The two-year nation-wide awareness raising campaign "VESNA - to live a life free of violence" officially started on 7 March 2014 with a national conference. The target group is women of three generations (young women, adults and old women), for whom different, target-oriented activities have been envisaged. Activities are tailored to the needs and lifestyle of each target group.

Para 75) Several other sector-specific implementing acts on education, health care, social security, and the police have been passed to implement the FVPA, effectively provide assistance to children and cooperate with other authorities.

Para 76) The Slovenian Research Agency, the OEO and the MoI/Police co-financed the target research project "Violence and Responses to it in the Private Sphere and Partnerships". At the end of 2010, the results of the first empirical national research on violence in the private sphere and partnerships were published, and followed at the end of 2011 by analyses on the work of the Police, courts and social services concerning violence against women and domestic violence. The research has shown that the number of cases of domestic violence that are detected, identified and processed by institutions is increasing. This is also due to the implementation of legislation that both enables and imposes the obligation of institutions to provide effective assistance to victims and to prosecute offenders. In addition, the number of cases processed also increased as a result of the victims' increased willingness to seek help and the increased awareness and sensitivity of staff in institutions established to help such victims.

Para 77) Adopted in 2013, the Police Tasks and Powers Act significantly upgraded the police restraining order. Police officers may impose such a measure on the offender not only on the scene of the offence, but also immediately after the offender has been apprehended, regardless of location. An offender who has repeatedly violated a restraining order may be detained by the Police and, at the same time, a fine may be imposed. For the cases when the place that the offender must not approach is an education institution attended by a victim who is a child or a minor, the legal basis was added to inform the relevant personnel at the education institutions of the duration of the restraining order or other information vital to the protection of the victim.

Para 78) With a view to raising public awareness, the Police publish on its web page, in several foreign languages, information on domestic violence and on police procedures.

Para 79) Housing capacities for women victims of violence have increased. One of the safe houses has also been adapted for the needs of disabled persons. One crisis centre has been adapted for the needs of older people. The network of crisis centres and shelters expanded to regions in which such services were previously unavailable, and the housing capacities for victims of violence are currently provided for.

Para 80) NGOs caution about the changed criminal offence of threat under Article 135 of the Criminal Code, which stipulates that the threatening of the security of another person without any consequences and when only one person is involved is liable to private prosecution. This change was made particularly due to prosecutors' experience of a large number of withdrawn complaints of injured parties during the later stages of the procedure. The adequacy of this solution is being reviewed in 2014.

Para 81) The available statistics show the improved effectiveness of justice in terms of prosecutions and conviction related to the offence of domestic violence under Article 191 of the Criminal Code.