Slovenia

Region

Eastern Europe

Regional Court

European Court of Human Rights

Regional Organisations

European Court of Human Rights

Organisation for Economic Cooperation and Development

Organisation for Security and Cooperation in Europe

European Union

Council of Europe

Legal System

Civil

International Obligations

Slavery

Servitude

Institutions and Practices Similar to Slavery

Forced Labour

Human Trafficking

International Instruments

1926 Slavery Convention

Not Party

1953 Protocol to the Slavery Convention

Not Party

1956 Supplementary Slavery Convention

06 July 1992

1966 ICCPR

06 July 1992

1930 Forced Labour Convention

29 May 1992

2014 Protocol to the 1930 Forced Labour Convention

Not Party

1957 Abolition of Forced Labour Convention

24 June 1997

1999 Worst Forms of Child Labour Convention

08 May 2001

2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons

21 May 2004

1998 Rome Statute of the ICC

31 December 2001

Summary of Domestic Prohibition

Slavery and Slave Trade

Practices Similar to Slavery

Servitude

Forced or Compulsory Labour

Human Trafficking

Provisions related to slavery are found in the Criminal Code which criminalises placing or keeping a person in slavery, transporting, buying, selling or delivering a person or brokering such actions, and inducing a person to sell their freedom or the freedom of their dependent at article 112. Slavery may also form an element of an offence of trafficking under article 113 of the Criminal Code.

Provisions related to institutions and practices similar to slavery are found in the Criminal Code which criminalises placing or keeping a person in a condition similar to slavery, and inducing a person to sell their freedom or the freedom of their dependent at article 112.

There appears to be no legislation in place in Slovenia which prohibits servitude, although the Criminal Code inducing a person to sell their freedom or the freedom of their dependent at article 112, and servitude may form an element of an offence of trafficking under article 113 of the Criminal Code.

Provisions related to forced labour are found in the Constitution which prohibits forced labour at article 49. Forced labour may also form an element of an offence of trafficking under article 113 of the Criminal Code.

Provisions related to trafficking in persons are found in the Criminal Code which criminalises trafficking under article 113.

Legislative Provisions

CONSTITUTION OF THE REPUBLIC OF SLOVENIA 1991 (REV. 2013)

PENAL CODE OF THE REPUBLIC OF SLOVENIA (AS OF 28 SEPTEMBER 2004)

Article 101 Crimes against Humanity

Whoever orders or carries out the following acts, which are part of a larger systematic attack against the civilian population and of which the perpetrators is aware :

…

- enslavement, which means performing of a particular or all justifications arising from the property right over a person and also include carrying out such justification in trafficking in human beings, especially women and children ;

- imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law ;

- rape, sexual slavery, enforced prostitution, forced pregnancy which means illegal detention of a woman who got pregnant by duress with the intention to affect ethnical structure of any population or to perform other severe violations of international law, enforced sterilization, or any other form of sexual violence of comparable gravity ;

- other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

shall be sentenced to imprisonment for not less than fifteen years.

Article 102 War Crimes

Whoever orders or commits war crimes, especially if they are committed as part of an integral plan or policy, or as part of an extensive implementation of such crimes, namely the following :

2) other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts :

- committing rape, sexual slavery, enforced prostitution, forced pregnancy which means illegal detention of a woman who got pregnant by duress with the intention to affect ethnical structure of any population or to perform other grave breaches of international law, enforced sterilization, or any other form of sexual violence, also constituting a grave breach of the Geneva Conventions ;

4) other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts :

- committing rape, sexual slavery, enforced prostitution, forced pregnancy which means illegal detention of a woman who got pregnant by duress with the intention to affect ethnical structure of any population, enforced sterilization, or any other form of sexual violence, also constituting a grave breach of Article 3, common to the four Geneva Conventions ;

Violation of Right to Equality

Article 141 (1) Whoever, due to differences in respect of nationality, race, colour of skin, religion, ethnic roots, gender, language, political or other beliefs, birth status, education, social position or any other circumstance, deprives or restrains another person of any human right or liberty recognised by the international community or laid down by the Constitution or the statute, or grants another person a special privilege or advantage on the basis of such discrimination shall be punished by a fine or sentenced to imprisonment for not more than one year. (2) Whoever prosecutes an individual or an organisation due to his or its advocacy of the equality of people shall be punished under the provision of the preceding paragraph. (3) In the event of the offence under the first or the second paragraph of the present article being committed by an official through the abuse of office or of official authority, such an official shall be sentenced to imprisonment for not more than three years.

Criminal Coercion

Article 142 (1) Whoever, by means of force or serious threat, coerces another person to perform an act or to omit performing an act or to suffer any harm shall be sentenced to imprisonment for not more than one year. (2) The prosecution shall be initiated upon a complaint.

False Imprisonment

Article 143 (1) Whoever unlawfully incarcerates another person or keeps him incarcerated or otherwise deprives him of the freedom of movement shall be sentenced to imprisonment for not more than one year. (2) If the offence under the preceding paragraph is committed by an official through the abuse of office or of official authority, such an official shall be sentenced to imprisonment for not more than three years. (3) Any attempt to commit the offence under the first paragraph of the present article shall be punished. (4) Whoever either deprives another person unlawfully of his liberty for a period exceeding one week or acts so in an aggravated manner shall be sentenced to imprisonment for not less than six months and not more than five years.

Kidnapping

Article 144 (2) Whoever abducts another in order to compel him or any other person to perform an act or to omit to perform an act or to suffer any harm shall be sentenced to imprisonment for not less than six months and not more than five years. (2) Whoever commits the offence under the preceding paragraph against a minor ar threatens the ladnapped person with murder or serious bodily harm shall be sentenced to imprisonment for not less than one and not more than ten years. (3) The perpetrator of any of the offences under the first or second paragraphs of the present article who releases the kidnapped person before the payment of a ransom, the extortion of which was the motive of the ladnapping of that person, may be granted a reduction or remission of his sentence.

Threatening the Security of Another Person

Article 146 (1) Whoever threatens the security of another person by a serious threat to his life or limb shall be punished by a fine or sentenced to imprisonment for not more than one year. (2) The prosecution shall be initiated upon a complaint.

CRIMINAL CODE OF THE REPUBLIC OF SLOVENIA, 2008

Article 101. Crimes against Humanity

Whoever orders or carries out the following acts, which are part of a larger systematic attack against the civilian population and of which the perpetrators is aware:

- enslavement, which means performing of a particular or all justifications arising from the property right over a person and also include carrying out such justification in trafficking in human beings, especially women and children;

- rape, sexual slavery, enforced prostitution, forced pregnancy which means illegal detention of a woman who got pregnant by duress with the intention to affect ethnical structure of any population or to perform other severe violations of international law, enforced sterilization, or any other form of sexual violence of comparable gravity;

shall be sentenced to imprisonment for not less than fifteen years.

Article 102. War Crimes

Whoever orders or commits war crimes, especially if they are committed as part of an integral plan or policy, or as part of an extensive implementation of such crimes, namely the following:

2) other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:

- committing rape, sexual slavery, enforced prostitution, forced pregnancy which means illegal detention of a woman who got pregnant by duress with the intention to affect ethnical structure of any population or to perform other grave breaches of international law, enforced sterilization, or any other form of sexual violence, also constituting a grave breach of the Geneva Conventions;

4) other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:

- committing rape, sexual slavery, enforced prostitution, forced pregnancy which means illegal detention of a woman who got pregnant by duress with the intention to affect ethnical structure of any population, enforced sterilization, or any other form of sexual violence, also constituting a grave breach of Article 3, common to the four Geneva Conventions;

Article 112. Enslavement

(1) Whoever, in violation of the rules of the international law, places another person into slavery or a similar condition, or keeps another person in such a condition, buys, sells or delivers another person to a third party, or brokers the buying, selling or delivery of such person, or induces another person to sell his freedom or the freedom of the person he supports or cares after,

shall be punished by imprisonment of one up to ten years.

(2) Whoever transports persons held in the condition of slavery or in similar condition from one state to another,

shall be punished by imprisonment of six months up to five years.

(3) Whoever commits the offence referred to in the first or the second paragraphs of this Article against a minor,

shall be punished by imprisonment of at least three years.

Article 113. Trafficking in Human Beings

(1) Whoever purchases another person, takes possession of it, accommodates it, transports it, sells it, delivers it or disposes with it in any other way, or acts as a broker in such operations, for the purpose of prostitution or other forms of sexual exploitation, forced labour, enslavement, servitude or trafficking in organs, human tissues or blood,

shall be punished by imprisonment of one up to ten years.

(2) If an offence from the preceding paragraph was committed against a minor or with force, threat, deception, kidnapping or abuse of a subordinate or dependent position, or with intention of forcing towards pregnancy or artificial insemination,

the perpetrator shall be punished by imprisonment of at least three years.

(3) The same punishment from the previous paragraph shall be imposed on whoever that commits an offence from the first or second paragraphs of this Article as a member of a criminal association for the commission of such offences, or if a large property benefit was gained through this offence.

Criminal Code of the Republic of Slovenia 2008 (PDF)