Laws

SLOVENIA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum, Refugees
Civil Unions
  Custody of Children
Discrimination
Estates, Inheritance
Fostering Children
Gender Identity
Harassment
Hate Crimes
HIV/Aids
  Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
Parenting
  Partners
Property
Sodomy
Succession, Wills
Surrogacy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

In 1977, consensual sex between same-sex couples was equalised [R1.2] at age 15 years [R1.1]

R1.2 ILGA: State-sponsored Homophobia 788.46kb, PDF MAY 10
R1.1 Interpol: Sexual Offences Against Children PDF Spring 06
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation
Surrogacy
Legislation/Cases/References
1.

National

In 2008, single women and women in a same-sex relationship were prohibited from accessing artificial insemination treatment [R1.1]

R1.1 ILGA: State-sponsored Homophobia 109.64kb, PDF NOV 08
Asylum, Immigration, Refugees Legislation/Cases/References
1.

National

On 29 December 2011, Slovenian authorities denied Kadri Shala (37) and Demir Krujezi (31) the right to asylum for a second time as they believed the men were not at risk of being exposed to violence or discrimination if they return to Kosovo [R1.2].

As at 11 December 2008, Slovenia did not give full residence and entry rights to gay and lesbian couples [R1.1].

R1.2 GayStarNews: Gay Kosovan couple denied asylum in Slovenia 12 JAN 12
R1.1 PinkNews: Same-sex Couples Denied EU Right to Freedom of Movement 11 DEC 08
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1.

National

On 24 February 2016, the Civil Partnership Act came into effect giving same-sex partnerships the same legal rights as male-female marriages. The law does not permit same-sex couples to jointly adopt children or have access to artificial insemination procedures [R1.6].

On 22 July 2016, it was reported that the Civil Partnership Act (passed in April 2016) will become operational in February 2017, meaning that same-sex partners in Slovenia will be able to enjoy the same rights as married couples, except for access to joint adoption and in vitro fertilisation [R1.5].

On 16 June 2011, Parliament endorsed in a 43:38 vote the family law bill under which same sex couples living in civil partnerships are entitled to rights equal to those of married couples, except in the respect of joint adoptions [R1.4].

On 23 July 2006 [R1.3], same-sex couples became eligible for some rights of marriage [R1.2]

In March 1998, the government formed a workgroup to consider formalisation of gay partnerships [R1.1].

2.

Courts & Tribunals

On 26 February 2016, the Constitutional Court ruled that same-sex couples need to be allowed to also register their partnership outside of administrative units just like heterosexual couples can marry outside of official premises, giving parliament six months to remedy the situation [R2.3].

On 2 July 2009, the Constitutional Court of Slovenia held that Article 22 of the Registration of Same Sex Partnerships Act (RSSPA) violated the right to non-discrimination under Article 14 of the Constitution on the ground of sexual orientation [C2.2], [R2.1].

R1.6 Legibitra: 217 Days to application of the Civil Partnership Act and substantially greater equality of same-sex couples 22 JUL 16
R1.5 ILGA-Europe: Greater equality is on the way for same-sex couples in Slovenia 22 JUL 16
R1.4 Slovenia Times: National Assembly Adopts New Family Law Bill 17 JUN 11
R1.3 Melbourne Star: Czech President Bounced 30 MAR 06
R1.2 ILGA: State-sponsored Homophobia 788.46kb, PDF MAY 10
R1.1 Capital Q: Slovenia Gay Partners 13 MAR 98
R2.3 TheSloveniaTimes: Top court says same-sex partners can also register in unofficial setting 26 FEB 16
C2.2 Equalrights Trust: Blažié and Kern v. Slovenia U-I-425/06-10 PDF 81.58kb
R2.1 ILGA-Europe: Constitutional Court of Slovenia Upholds Equal Rights for Same Sex Partners 20 JUL 09
Discrimination Legislation/Cases/References
1.

National

On 24 October 1998 [R1.1], discrimination in employment based on sexual orientation was made unlawful [R1.2]

Article 6 of the Law On Work Relations now reads: "An employer may not put an employment-seeker in an unequal position because of his/her race, skin color, gender, age, medical condition, religious, political or other belief, membership in a union, national or social origin, family status, wealth status, sexual orientation or other personal circumstance" [R1.1]

R1.2 ILGA: State-sponsored Homophobia 788.46kb, PDF MAY 10
R1.1 ILGA-Europe: Euro-Letter No 66 DEC 98

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Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1.

Courts & Tribunals

In April 2013, the Constitutional Court reportedly ruled that the Family Code discriminates against same-sex couples. The judges voted 7-2 in favour of asking the parliament to change the Code's inheritance and succession rules as a same-sex couples should have the same rights of a straight ones [R1.3].

On 2 July 2009, the Constitutional Court of Slovenia held that Article 22 of the Registration of Same Sex Partnerships Act (RSSPA) violated the right to non-discrimination under Article 14 of the Constitution on the ground of sexual orientation in that it regulated inheritance for same sex partners differently, and less favourably, than the Inheritance Act regulated inheritance for opposite sex partners and that the same rules are valid for inheritance between registered same sex partners as for inheritance between spouses in accordance with the Inheritance Act [C1.2], [R1.1].

R1.3 GayStarNews: Slovenia's judges demand new laws for gay couples 10 APR 13
C1.2 Equalrights Trust: Blažié and Kern v. Slovenia U-I-425/06-10 PDF 81.58kb
R1.1 ILGA-Europe: Constitutional Court of Slovenia Upholds Equal Rights for Same Sex Partners 20 JUL 09
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

National

In 1977, consensual sex between same-sex couples was reportedly decriminalised [R1.1]

R1.1 ILGA: State-sponsored Homophobia 788.46kb, PDF MAY 10
Marriage Legislation/Cases/References
1.

National

On 20 December 2015, with 99% of the referendum vote counted, a voter turnout of 36.2% rejected 63.4% to 36.6% the law that would give same-sex couples the right to marry and adopt children [R1.8].

On 04 November 2015, lawmakers set a referendum on same-sex marriage for 20 December after the group called "Children Are At Stake" gathered the 40,000 signatures needed to call a popular vote [R1.7].

On 30 March 2015, the Slovenian Parliament reportedly rejected 53-21 a citizens' petition for a nationwide referendum to test a new law granting legal recognition for same-sex unions [R1.6].

On 03 March 2015, the Parliament passed 51-28 a law giving same-sex couples the right to marry and adopt children, becoming the 11th European Union country to do so when the President signs the Bill into law [R1.5].

On 10 February 2015, a committee on labor, family, social affairs and the disabled voted 11-2 in favor of making marriage law gender neutral. The measure has yet to be considered by the parliament [R1.4].

On 16 June 2011, Parliament endorsed in a 43:38 vote the family law bill defining marriage as a union of a man and a woman but abandoning the reference to family as the purpose of marriage [R1.3].

On 17 March 2011, the parliamentary Labour, Family and Social Affairs Committee agreed to define marriage as a union of a man and a woman, thus backing the decision of the government to give up in face of fierce opposition from conservative groups its original family law bill proposal that introduced the possibility of gay marriage [R1.2].

Previously:

In February 2011, the government proposed the adoption of a new Family Code that includes legalization of same-sex marriage and adoption [R1.1].

2.

Courts & Tribunals

On 22 October 2015, Reuters reported that the Constitutional Court gave the go-ahead for a referendum that could overturn a law allowing same-sex marriages. The law passed in March however a group appealed demanding a referendum. A date has not yet been fixed [R2.2].

On 27 December 2011, the Constitutional Court ruled that the holding referendum on the recently approved Family Code was constitutional. The Code is being challenged by conservative pro-family groups over the right of gay couples to adopt children. The referendum is expected to be held in March 2012 [R2.1].

R1.8 ReutersUK: Slovenia rejects same-sex marriages in a referendum 20 DEC 15
R1.7 EdgeMediaNetwork: Slovenia to Hold Referendum on Same-Sex Marriage 04 NOV 15
R1.6 CatholicCulture: Slovenia: parliament denies plea for referendum on same-sex unions 30 MAR 15
R1.5 Slovenia allows same-sex couples to marry, adopt children 04 MAR 15
R1.4 GayStarNews: Slovenia gay marriage bill passes first hurdle 12 FEB 15
R1.3 Slovenia Times: National Assembly Adopts New Family Law Bill 17 JUN 11
R1.2 Slovenian Press Agency: Committee Confirms Article of Bill Proposal that Precludes Gay Marriage 18 MAR 11
R1.1 Bay Windows: Slovenian government proposes legalization of same-sex marriage 28 FEB 11
R2.2 ReutersUS: Slovenian court allows referendum on same-sex marriages 22 OCT 15
R2.1 ILGA Europe: Slovenia - public referendum on Family Code 04 JAN 12
Military Legislation/Cases/References
1.

National

In 2008, openly gay, lesbian and bisexual persons were permitted to serve in the army [R1.1]

R1.1 ILGA: State-sponsored Homophobia 109.64kb, PDF NOV 08
Parenting, Adoption, Fostering Legislation/Cases/References
1.

National

On 03 March 2015, the Parliament passed 51-28 a law giving same-sex couples the right to marry and adopt children, becoming the 11th European Union country to do so when the President signs the Bill into law [R1.6].

On 26 March 2012, about 55% of Slovenians rejected in a national referendum a new family law that included a highly contested clause that would allow same-sex couples to adopt children in some cases. Voter turnout was about 26%. The result means that the new family law will not be applied and a new one cannot be drafted within a year [R1.5].

On 25 March 2012, opinion polls showed voters were likely to narrowly endorse the law to allow homosexuals to adopt the children of their partners in a referendum vote [R1.4].

On 20 July 2011, if was reported that the Labour, Family and Social Affairs Ministry had approved an adoption of a child by the lesbian partner the child's biological mother – the first such case in Slovenia and an important precedent for the handling of gay adoptions of this kind under the new family law (not yet in force) [R1.3].

On 16 June 2011, the Parliament endorsed in a 43:38 vote the family law bill allowing for adoption by gay couples, albeit only if one of the partners is a biological parent [R1.2].

On 24 January 2011, the Ministry of Labour, the Family and Social Affairs confirmed reports that the government will change the new family law bill. Under the new draft, gay couples would be allowed to adopt a child only if one of the partners is the child's biological parent [R1.1].

2.

Courts & Tribunals

On 27 December 2011, the Constitutional Court ruled that the holding referendum on the recently approved Family Code was constitutional. The Code is being challenged by conservative pro-family groups over the right of gay couples to adopt children. The referendum is expected to be held in March 2012 [R2.3].

On 28 January 2010, the Supreme Court of Slovenia upheld a US ruling which allowed a gay couple with dual US-Slovenian citizenship to adopt a girl in America, making the couple the girl's legal parents in Slovenia as well [C2.2], [R2.1].

R1.6 Slovenia allows same-sex couples to marry, adopt children 04 MAR 15
R1.5 The Washington Post: Slovenian referendum rejects law allowing same-sex couples to adopt children in some cases 26 MAR 12
R1.4 Reuters US: Slovenia to vote on homosexual rights in referendum 22 MAR 12
R1.3 The Slovenia Times: First Adoption by Gay Partner of Child's Parent 20 JUL 11
R1.2 Slovenia Times: National Assembly Adopts New Family Law Bill 17 JUN 11
R1.1 STA: Ministry Confirms Changes to Gay Adoption Proposal 24 JAN 11
R2.3 ILGA Europe: Slovenia - public referendum on Family Code 04 JAN 12
C2.2 Supreme Court of the Republic of Slovenia, Decision No. II Ips 462/2009-9 of 28 January 2010
R2.1 European Commision on Sexual Orientation Law: Supreme Court Upholds Gay Adoption 08 MAR 10

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