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SLOVENIA

Legislation

Constitution

(Adopted on December 23, 1991)

(Document Status on December 23, 1991)

Article 5 (State Objectives)

(1) Within its own territory, Slovenia shall protect human rights and fundamental freedoms. It shall uphold and guarantee the right of the autochthonous Italian and Hungarian ethnic communities. It shall attend to the welfare of the Slovenian minorities in neighboring countries and of Slovenian emigrants and migrant workers abroad and shall promote their contacts with their homeland. It shall assist the preservation of the natural and cultural heritage of Slovenia in harmony with the creation of opportunities for the development of civilized society and cultural life in Slovenia.

(2) Slovenians not holding Slovenian citizenship shall enjoy special rights and privileges in Slovenia. The nature and extent of those rights and privileges shall be determined by statute.

Article 11 (Language)

The Slovene language shall be the official language in Slovenia. In communities with Italian or Hungarian populations, the Italian or Hungarian language shall also be the official language.

Article 14 (Equality before the Law)

(1) In Slovenia each individual shall be guaranteed equal human rights and fundamental freedoms irrespective of national origin, race, sex, language, religion, political or other beliefs, financial status, birth, education, social status or whatever other personal circumstance.

(2) All persons shall be equal before the law.

Article 61 (Profession of National Allegiance)

Each person shall be entitled freely to identify with his national grouping or autochthonous ethnic community, to foster and give expression to his culture and to use his own language and script.

Article 62 (Use of Language and Script)

In order to give effect to his rights and obligations, and in all dealings with State bodies and other bodies having official functions, each person shall have the right to use his own language and script in such a manner as shall be determined by statute

Article 64 (Special Rights of the Italian and Hungarian Ethnic Communities in Slovenia)

(1) The autochthonous Italian and Hungarian ethnic communities and their members shall be guaranteed the right to freely use their national symbols and, in order to preserve their national identity, the right to establish organizations, to foster economic, cultural, scientific and research activities, as well as activities associated with the mass media and publishing. Those two ethnic communities and their members shall have, consistent with statute, the right to education and schooling in their own languages, as well as the right to plan and develop their own curricular. The State shall determine by statute those geographical areas in which bilingual education shall be compulsory. The Italian and Hungarian ethnic communities and their members shall enjoy the right to foster contacts with the wider Italian and Hungarian communities living outside Slovenia, and with Italy and Hungary respectively. Slovenia shall give financial support and encouragement to the implementation of these rights.

(2) In those areas where the Italian and Hungarian ethnic communities live, their members shall be entitled to establish autonomous organizations in order to give effect to their rights. At the request of the Italian and Hungarian ethnic communities, the State may authorize their respective autonomous organizations to carry out specific functions that are presently within the jurisdiction of the State, and the State shall ensure the provision of the Means for those functions to be effected.

(3) The Italian and Hungarian ethnic communities shall be directly represented at the local level and shall also be represented in the National Assembly.

(4) The status of the Italian and the Hungarian ethnic communities, and the manner, in which their rights may be exercised in those areas where the two ethnic communities live, shall be determined by statute. In addition, the obligations of the local self-governing communities that represent the two ethnic communities to promote the exercise of their rights, together with the rights of the members of the two ethnic communities living outside their autonomous areas, shall be determined by statute. The rights of both ethnic communities and of their members shall be guaranteed without regard for the numerical strength of either community.

(5) Statues, regulations and other legislative enactments which exclusively affect the exercise of specific rights enjoyed by the Italian or Hungarian ethnic communities under this Constitution, or affecting the status of these communities, may not be enacted without the consent of the representatives of the ethnic community or communities affected.

Article 65 (Status and Special Rights of Gypsy Communities in Slovenia)

The status and special rights of Gypsy communities living in Slovenia shall be such as are determined by statute.

Note: The complete text of the Constitution and further information on the constitutional background of Slovenia are provided by the International Constitutional Law Project at the University of Wuerzburg.

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