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;
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