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Slovenia
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Slovenia are found in the 2020 Criminal Code, which addresses marriage concluded by force or threat to use force or abuse or force at Article 132a, with a potential penalty of imprisonment for a term not exceeding five years. The Family addresses marriage by force, error or fear caused by a serious threat at Article 23.
Consent to marriage
Although legislation in Slovenia does not recognise consent as a strict requirement of marriage, section 20 and 23(1) of the family code recognises that marriage is based on consent. Section 51 further recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion.
Servile marriage
Provisions related to servile matrimonial transactions are found in the 2020 Criminal Code of Slovenia which prohibits practices similar to slavery and transporting for practices similar to slavery at Article 112. The penalty for practices similar to slavery is imprisonment of one to ten years. The penalty for transporting for practices similar to slavery is imprisonment of six months to five years. When the victim is a child, the penalties for practices similar to slavery and transporting for practices similar to slavery is imprisonment of three to fifteen years.
Marriage trafficking
There appears to be no legislation in Slovenia that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Slovenia is 18, without differentiation by gender, as set out on Article 24(1) of the 2017 Family Code. However, marriages below the minimum age are permitted by the court for justified reasons if the child has reached the physical and mental maturity, as set out on Article 24(1) of the 2017 Family Code. These exceptions are not differentiated by gender, and allow marriage as early as 15. Where marriages are conducted involving a person below the minimum age, the is invalid, as set out on Article 45 of the 2017 Family Code. However, a marriage entered into by a child without the permission of the court remains in force if the court finds that there exist circumstances that would allow it to be concluded or if the child is in the process of turning 18 years, as set out on Article 52 of the 2017 Family Code.
Region
Eastern Europe
Regional Court
European Court of Human Rights
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- European Court of Human Rights
- Organanisation for Economic Cooperation and Development
- Organisation for Security and Cooperation in Europe
- European Union
- Council of Europe
Legislative Provisions
CONSTITUTION OF THE REPUBLIC OF SLOVENIA 1991 (REV. 2013)
Article 18. Prohibition of torture
No one may be subjected to torture, inhuman or degrading punishment or treatment. The conducting of medical or other scientific experiments on any person without his free consent is prohibited.
Article 19. Protection of personal liberty
Everyone has the right to personal liberty.
No one may be deprived of his liberty except in such cases and pursuant to such procedures as are provided by law.
Article 32. Freedom of movementÂ
Everyone has the right to freedom of movement, to choose his place of residence, to leave the country and to return at any time.
Article 34. Right to personal dignity and safety
Everyone has the right to personal dignity and safety.
Article 49. Freedom of work
Freedom of work shall be guaranteed.
Everyone shall choose his employment freely.
Everyone shall have access under equal conditions to any position of employment. Forced labour shall be prohibited.
Article 56. Rights of children
Children shall enjoy special protection and care. Children shall enjoy human rights and fundamental freedoms consistent with their age and maturity.
Children shall be guaranteed special protection from economic, social, physical, mental or other exploitation and abuse. Such protection shall be regulated by law.
Constitution of the Republic of Slovenia 1991 (revised 2013) (PDF)
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.
CONSTITUTION OF THE REPUBLIC OF SLOVENIA 1991 (REV. 2013)
Article 53: Marriage and the Family
Marriage is based on the equality of spouses. Marriages shall be solemnised before an empowered state authority.
Marriage and the legal relations within it and the family, as well as those within an extramarital union, shall be regulated by law.
The state shall protect the family, motherhood, fatherhood, children and young people and shall create the necessary conditions for such protection.
Slovenia Constitution 1991 (Rev 2013) – Constitute Project – English (PDF)
CRIMINAL CODE 2008, AMENDED 2020
Article 112 Enslavement
(1) Whoever, in violation of the rules of international law, enslaves another or similar relationship or has it in such a relationship, buys, sells, hands over to another person or mediates in the purchase, sale or delivery of such a person or urges another to sell his the liberty or liberty of the person who supports or cares for him shall be punishable by imprisonment from one to ten years.
(2) Whoever transports persons in a slave or similar relationship from one country in the second, shall be punishable by imprisonment from six months to five years.
(3) Whoever commits an act referred to in the first or second paragraph of this Article against a minor person shall be punished by imprisonment for a term between three and fifteen years.
Article 132a Forced marriage or the establishment of a similar community
(1) Whoever, by force or threat to use force, or by the abuse of a subordinate or force another to enter into marriage or to establish a similar one community, which in accordance with the law in certain legal consequences is equated with the law union, shall be punishable by imprisonment for a term not exceeding three years.
(2) Whoever commits the act referred to in the preceding paragraph against a minor or a minor person shall be punished by imprisonment for a term not exceeding five years.
FAMILY CODE
| Article 3 (marriage)
(1) Marriage is a life union of a husband and wife, the conclusion of which is legal consequences and termination shall be governed by this Code. (2) The importance of marriage is in the conception of the family.
Article 5 (child) Under this code, a child is a person who has not yet reached the age of 18, unless he or she is already a child acquired full legal capacity.
Article 20 (foundation and meaning of marriage) Marriage is based on the free decision to enter into marriage, on mutual emotional attachment, mutual respect, understanding, trust and mutual assistance.
Article 21 (equality of spouses) In marriage, the spouses are equal.
Article 22 (conditions for existence) For a marriage to exist, it is necessary that: – the persons of the marriage are of different sexes, declare their consent to the person to enter into marriage, and – the persons declare their consent before the competent state authority.
Article 23 (free will) (1) A marriage cannot be concluded without a free declaration of the will of the future spouses that they want to get married. There is no free statement of will if the statement was forced or made in error. (2) A declaration of intent to marry is forced if the spouse has given it from fear caused by a serious threat. (3) The declaration of will to marry is given in error as to the person of the spouse, if the spouse thought that he or she was marrying the right person but entered into marriage with another person, or if entered into a marriage with a person other than the one for whom he was impersonating.
Article 24 (coming of age and oversight of minors) (1) A child may not enter into marriage. (2) The court may, for justified reasons, allow the conclusion of a marriage to a child who has already reached the age of 15 if he has reached such physical and mental maturity that he can understands the meaning and consequences of rights and obligations arising from marriage.
Article 31 (determining the conditions for the existence and validity of marriage) The registrar shall determine whether the conditions for the existence and validity of the marriage at on the basis of data from the registry and on the basis of data from the fifth paragraph of Article 30 of this Code.
Article 32 (refusal to marry by decision) (1) If it is established that the conditions for the existence and validity of the marriage are not met under this Act, the administrative unit with which the two persons have applied for marriage, z the decision rejects the marriage. (2) An appeal against the decision referred to in the preceding paragraph shall be decided by the ministry competent for family
Article 42 (non-existent marriage) If the conditions referred to in Article 22 of this Code are not met, it shall be considered a marriage it does not exist. A non-existent marriage has no legal consequences.
Article 43 (Action to establish the absence of marriage) (1) An action for establishing the non-existence of a marriage may be filed by persons who have legal interest, and the public prosecutor. (2) The initiative to file a lawsuit to establish the non-existence of a marriage to the state administrative and other state bodies, holders of public authority, contractors may intervene with the prosecutor public services and local authorities. (3) The right to request a finding of the non-existence of a marriage shall not become statute-barred.
Article 45 (invalid marriage) Marriage contracted in contravention of the provisions of Article 23, first paragraphs of Article 24, 25, 26 and the first and second paragraphs of Article 27 of this Code, is invalid.
Article 51 (annulment of a marriage entered into under duress or in error) (1) The annulment of a marriage concluded under duress or in error may be requested a spouse who has been coerced or has consented to the marriage in error. (2) The annulment of a marriage referred to in the preceding paragraph may not be requested if one year has elapsed since the day the coercion passed or the error was discovered, and the spouses time lived together.
Article 52 (validity of a marriage entered into by a child) A marriage entered into by a child without the permission of the court remains in force if the court in which the annulment proceedings are pending finds that they exist circumstances that would allow it to be concluded, or if the child is in the process completed the age of 18 years.
Article 56 (basis of obligations) Relationships between spouses are based on mutual respect, trust and mutual assistance.
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