A/HRC/40/64/Add.1 (b) To ensure that legislation on the rights of minorities includes additional provisions on education in the minority mother tongue where there is a sufficient demand in a locality, to the degree appropriate according to the principle of proportionality, or at least provide for teaching of a minority language where possible; (c) To ensure that fair and proportionate funding of cultural and other activities of minorities, including in the media, is guaranteed. 67. The Hungarian and Italian minorities have well-established rights and autonomy arrangements that continue to be affected by omissions or failure to implement. Bilingual services are not always provided when they should be, while bilingual officials and teachers are either not available or lack the required fluency levels. The Special Rapporteur recommends that the Government conduct a review of hiring policies, language testing and bilingualism requirements for civil servants and teachers in 2019 with representatives of these minorities in order to consider how these issues can be addressed and remedied. E. Hate speech and incitement to violence 68. Legislation is needed to correct the incorrect interpretation of article 297 of the Penal Code, which makes the successful prosecution of hate speech or incitement to violence against minorities extremely difficult, if not impossible. 69. Pending legislative changes to article 297 of the Penal Code, directives and other clarifications should be issued by police, prosecutorial and other sections proposing less rigid – and discouraging unnecessary – interpretations on applying the requirements of article 297 when investigating and prosecuting hate speech and incitement to violence against minorities. 70. In order to counter hate speech and incitement to violence against minorities more effectively, a clearer picture of which minorities are targeted, by whom and how is necessary. Disaggregated data on these matters should be collated and published by the responsible authorities. F. The deaf minority and sign language 71. Slovenia has generally a positive and constructive approach to the use of sign language. The Special Rapporteur nonetheless urges the Government to take steps to strengthen and effectively protect the human rights of members of the Slovenian deaf community, including by recognizing sign language as the language used by members of the deaf community, by amending or adopting relevant legislation making it an official language, as it has been in a growing number of countries. 72. Sign language is a living language and the mother language of members of the deaf minority. It should be used to the degree possible as the language of instruction in schools for the deaf to ensure greater access to quality, adapted, appropriate and effective education. G. The “erased” and minorities of the former Yugoslavia 73. The illegitimate removal of permanent residence status of so many people, with almost no compensation, has lasted too long. Litigation has been ongoing for decades. Slovenia should find the political will and courage necessary to address this matter. Minorities of the former Yugoslavia were the main victims of a sad episode that should be brought to an end, also to avoid protracted, painful and embarrassing litigation. The Special Rapporteur therefore recommends that the Government: (a) Adopt legislation providing for the restoration of permanent residency status without the burdensome requirements and narrow timelines of the law adopted in 2010 on the regularization of the status of “erased” persons; 15

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