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VISOKA ŠOLA ZA POSLOVNE VEDE
Analyzing the Effectiveness of the Ministry Responsible for
Equal Opportunity for Accommodation in Slovenia
By Polina Nesterova
Contents
● Problem, European goal
● Responsible body and regulations
● Implementation of law, Ministry's actions
● Conclusion
● Literature
Stating the problem
Inequality and Discrimination in Housing in Slovenia
In Slovenia, like in many other countries, inequality and discrimination in housing, especially in renting, are significant issues that affect various
groups.
Importance of EU Sustainable Development Goal: Reduced Inequities
The EU Sustainable Development Goal of reduced inequities is crucial in addressing these challenges. By promoting fair and equal access to
housing for all individuals, regardless of their background or circumstances, this goal aims to create more inclusive and cohesive societies.
Responsible ministry and regulations
The responsible Slovenian ministry for equality in access to accommodation is Ministry of Labour, Family, Social Affairs and Equal
Opportunities
Policies and Initiatives
National Laws for Affordable Accommodation in Slovenia
In Slovenia, the legal framework for affordable accommodation is primarily governed by the Housing Act (Stanovanjski zakon) and the
Residential Non-Profit Housing Act (Zakon o stanovanjskem gospodarstvu).
Furthermore, the Anti-Discrimination Act (Zakon o preprečevanju diskriminacije) in Slovenia prohibits discrimination in various areas,
including access to housing and real estate transactions.
The law specifically prohibits discrimination in the following areas:
● Renting out properties
● Terms and conditions of tenancy
● Rent prices
● Maintenance and repairs
In 2004 the Act Implementing the Principle of Equal Treatment (Zakon o uresničevanju načela enakega obravnavanja) was adopted,
guaranteeing equal treatment
EU Laws Impacting Affordable Accommodation in Slovenia
● One of the key EU directives relevant to this topic is the Directive on Unfair Commercial Practices (Directive 2005/29/EC).
● The Racial Equality Directive (Directive 2000/43/EC) and the Equality Directive (Directive 2006/54/EC)
● Moreover, the Charter of Fundamental Rights of the European Union enshrines the right to non-discrimination and equality before the
law.
Implementation and Ministry's actions
Ministry of Labour, Family, Social Affairs and Equal Opportunities in Slovenia should engage in several key activities:
1. Legislation and Policy Development:
2. Awareness and Education:
3. Enforcement and Monitoring
4. Support Services
5. Collaboration with Stakeholders
Impact of the ministry actions
First test
In 2013, discrimination testing was used for the first time in Slovenia in the field of housing. Compared to Slovenian
testers, unfavourable treatment of non-Slovenian testers was registered in 13 of the 40 cases
Final research
On 15 December 2021, the Peace Institute (Mirovni inštitut) published the final
report of a research project entitled “Reducing and eliminating discrimination
based on ethnicity, ‘race’, nationality and/or religion” (Zmanjševanje in
odpravljanje diskriminacije na podlagi etničnosti, ‘rase’, nacionalnosti in/ali vere).
The main findings was that discrimination is still present in housing market in Slovenia.
Ethnic discrimination
In 2022, the book “Ethnic Discrimination: Research and Measurement Strategies”
(Etnična diskriminacija: strategije raziskovanja in merjenja)
was published. The book states that ethnic discrimination in Slovenia is a problem
Web
As on 12 December 2023 on the accommodation website kamrica.dostop.si advertisements that exclude foreigners can still be found.
Conclusion
According to recent research concerning discrimination in housing market, we can come to the conclusion that the Ministry of Labour, Family,
Social Affairs and Equal Opportunities doesn't cover the scope of work needed to prevent discrimination in housing. Especially it can be
noticeable in enforcement of laws and monitoring human right violations.
Literature
1. Government of the Republic of Slovenia - Official Website:
2. European Union Agency for Fundamental Rights (FRA)
3. International Organization for Migration (IOM)
4. Government of the Republic of Slovenia Official Website
5. European Network of Legal Experts in Gender Equality and Non-Discrimination
6. 2020 Country Reports on Human Rights Practices: Slovenia
7. “Anti-Discrimination Act (Zakon o preprečevanju diskriminacije)” (Official Government Website of the Republic of Slovenia, 2019).
8. “Discrimination Law in Slovenia” (Kavcic & Partners Law Firm, 2020).
9. “Slovenia: Discrimination in Housing” (Eurofound, 2018).
10. Kogovšek Šalamon, Nataša. “Equality and Non-Discrimination in Housing: The Case of Slovenia.” Journal of Human Rights Practice
(Web).
11. Mihelj, Sabina. “Legal Protection Against Discrimination in Housing: A Comparative Analysis.” Slovenian Law Review (Print).
12. Vrhovec Sambolec, Darja. “Challenges in Ensuring Equal Access to Housing: A Legal Perspective.” Journal of Social Policy Studies
(Web).
13. Zupančič, Jernej. “Promoting Equality in Housing: The Role of Anti-Discrimination Legislation.” European Journal of Human Rights
(Print).
14. Franet National contribution to the Fundamental Rights Report 2023 Slovenia
VISOKA ŠOLA ZA POSLOVNE VEDE
Analyzing the Effectiveness of the
Ministry Responsible for Equal
Opportunity for Accommodation in
Slovenia
By Polina Nesterova
Contents
● Problem, European goal
● Responsible body and regulations
● Implementation of law, Ministry's actions
● Conclusion
● Literature
Stating the problem
Inequality and Discrimination in Housing in Slovenia
In Slovenia, like in many other countries, inequality and discrimination in housing, especially
in renting, are significant issues that affect various groups. These problems are often rooted in
socioeconomic disparities, discriminatory practices, and inadequate housing policies.
One of the primary challenges is the unequal access to housing opportunities. Not only
marginalized groups and low-income families face discrimination, but also foreigners when
seeking rental accommodations. Landlords may engage in discriminatory practices by
refusing to rent to these groups or imposing unfair terms and conditions.
Furthermore, there are concerns related to the quality of housing available to different groups.
Marginalized communities and foreigners may be disproportionately affected by substandard
living conditions, inadequate infrastructure, and limited access to essential services such as
healthcare and education. These disparities contribute to the perpetuation of inequality and
hinder social mobility.
Importance of EU Sustainable Development Goal: Reduced
Inequities
The EU Sustainable Development Goal of reduced inequities is crucial in addressing these
challenges. By promoting fair and equal access to housing for all individuals, regardless of
their background or circumstances, this goal aims to create more inclusive and cohesive
societies. It emphasizes the importance of combating discrimination, promoting affordable
housing options, and ensuring that foreigners have equal opportunities to secure suitable
accommodations.
Reducing inequities in housing aligns with broader efforts to create sustainable and inclusive
communities. It contributes to social cohesion, economic stability, and overall well-being. By
addressing the root causes of inequality and discrimination in housing, countries like
Slovenia can work towards achieving a more equitable society where everyone has access to
safe, affordable, and adequate housing.
Responsible ministry and regulations
The responsible Slovenian ministry for equality in access to accommodation is Ministry of
Labour, Family, Social Affairs and Equal Opportunities
In order to analyze the effectiveness of the ministry responsible for equal opportunity for
affordable accommodation between foreigners and locals in Slovenia, several key factors
need to be considered. These factors include the ministry’s policies and initiatives, their
impact on both foreigners and locals, the level of inclusivity and accessibility of affordable
accommodation, as well as any existing challenges or limitations.
Policies and Initiatives
The first step in analyzing the effectiveness of the ministry is to evaluate the specific policies
and initiatives that have been implemented to promote equal opportunity for affordable
accommodation. This involves examining any laws or regulations that have been put in place
to ensure fair access to housing for both foreigners and locals. Additionally, it is important to
assess whether the ministry has developed targeted programs or support mechanisms to
address the specific needs of different demographic groups within the population.
Slovenia has implemented several policies and initiatives to promote equal opportunity for
affordable accommodation between foreigners and locals. These efforts aim to ensure fair
access to housing for all residents, regardless of their nationality or background.
National Laws for Affordable Accommodation in Slovenia
In Slovenia, the legal framework for affordable accommodation is primarily governed by the
Housing Act (Stanovanjski zakon) and the Residential Non-Profit Housing Act (Zakon o
stanovanjskem gospodarstvu). These provisions include regulations related to social housing,
rent control, and tenant protection.
The Housing Act (Stanovanjski zakon) in Slovenia regulates the field of housing and
provides measures for ensuring access to affordable accommodation for all citizens, including
foreigners. The act outlines provisions related to social housing, housing co-operatives, and
rental relationships, aiming to ensure that adequate housing is accessible to all individuals
without discrimination.
Furthermore, the Anti-Discrimination Act (Zakon o preprečevanju diskriminacije) in
Slovenia prohibits discrimination in various areas, including access to housing and real estate
transactions.
The relevant section that addresses equal opportunity to housing for both locals and
foreigners can be found in Article 6 of the Anti-Discrimination Act.
Article 6 of the Anti-Discrimination Act specifically addresses equal access to housing. It
states that all individuals, regardless of their nationality or ethnic origin, have the right to
equal treatment when seeking housing. This means that landlords, real estate agents, and
other housing providers cannot discriminate against individuals based on their nationality or
ethnicity when renting or selling property. The provision ensures that both locals and
foreigners have equal opportunities in accessing housing in Slovenia.
The law specifically prohibits discrimination in the following areas:
● Renting out properties: Housing providers cannot refuse to rent a property to an
individual based on their protected characteristics.
● Terms and conditions of tenancy: Housing providers cannot impose different terms
and conditions on tenants based on their protected characteristics.
● Rent prices: Housing providers cannot charge different rent prices based on a tenant’s
protected characteristics.
● Maintenance and repairs: Housing providers must provide equal maintenance and
repair services to all tenants, regardless of their protected characteristics.
In 2004 the Act Implementing the Principle of Equal Treatment (Zakon o uresničevanju
načela enakega obravnavanja) was adopted, guaranteeing equal treatment irrespective of
personal circumstances such as gender, ethnicity, race or ethnic origin, religion or belief,
disability, age, sexual orientation, or other personal circumstance.
EU Laws Impacting Affordable Accommodation in Slovenia
One of the key EU directives relevant to this topic is the Directive on Unfair Commercial
Practices (Directive 2005/29/EC). This directive aims to protect consumers from unfair
business practices, including those related to housing and accommodation.
The Racial Equality Directive (Directive 2000/43/EC) and the Equality Directive (Directive
2006/54/EC) are particularly relevant in this context. These directives aim to combat
discrimination on various grounds, including race, ethnicity, religion, and gender, ensuring
equal treatment in access to housing and real estate services.
Moreover, the Charter of Fundamental Rights of the European Union enshrines the right to
non-discrimination and equality before the law.
Implementation and Ministry's actions
To ensure equal access without discrimination to renting accommodation for both foreigners
and locals, the Ministry of Labour, Family, Social Affairs and Equal Opportunities in
Slovenia should engage in several key activities:
1. Legislation and Policy Development: The ministry is involved in the development and
implementation of legislation and policies aimed at preventing discrimination in the
housing sector.
2. Awareness and Education: The ministry conducts awareness campaigns and
educational programs to inform both landlords and tenants about their rights and
responsibilities regarding non-discrimination in housing.
3. Enforcement and Monitoring: The ministry is responsible for monitoring compliance
with anti-discrimination laws in the housing sector. This may involve investigating
complaints of discrimination, conducting inspections of rental properties, and taking
enforcement actions against landlords who engage in discriminatory practices.
4. Support Services: The ministry may provide support services to individuals who have
experienced discrimination in the housing market.
5. Collaboration with Stakeholders: The ministry collaborates with various stakeholders,
including local government authorities, non-governmental organizations, and housing
industry representatives, to address issues related to equal access to renting
accommodation.
Impact of the ministry actions
By comparing statistics and trends related to housing conditions for foreigners and locals, it is
possible to gauge the effectiveness of the ministry’s interventions.
First test
In 2013, discrimination testing was used for the first time in Slovenia in the field of housing.
The testers inquired with the real estate agencies about cheaper apartments (e.g. with Serbian,
Macedonian, African or Latin American name, with accent, with foreign citizenship)
compared to a Slovenian counterpart who checked the availability of the same apartment a
couple of hours later. Compared to Slovenian
testers, unfavourable treatment of non-Slovenian testers was registered in 13 of the 40 cases,
whereas almost a half of cases of unfavourable treatment included persons of Macedonian
and Serbian origin. The agents, for example, falsely informed the non-Slovenian testers that
the apartment was taken, but offered it lately to Slovenian testers. In some cases, they initially
refused to provide more details regarding the apartments, but requested to be sent an email or
to be called by the testers in very late hours, or claimed that they would call the testers later,
but failed to do so.
Final research
On 15 December 2021, the Peace Institute (Mirovni inštitut) published the final
report of a research project entitled “Reducing and eliminating discrimination
based on ethnicity, ‘race’, nationality and/or religion” (Zmanjševanje in
odpravljanje diskriminacije na podlagi etničnosti, ‘rase’, nacionalnosti in/ali vere).
The main findings were the following:
Discrimination based on the personal circumstances of nationality, citizenship,
skin colour and religion is a problem present in Slovenia, especially in employment
and workplace, healthcare, access to services, the housing market, and
administrative procedures.
Ethnic discrimination
In 2022, the book “Ethnic Discrimination: Research and Measurement Strategies”
(Etnična diskriminacija: strategije raziskovanja in merjenja)
was published,
breaking new ground in the field of collecting empirical data on unequal treatment
and addressing existing legal acts and guidelines requiring data on equality to
represent the situation in society reliably. In this sense, it is also the first in Slovenia to
present in
detail and critically evaluate the methodology of audit studies or situational
discrimination testing.
The main conclusion of the monograph is – similar to the findings of the research
report mentioned above – that ethnic discrimination in Slovenia is a problem
present especially in employment and in workplace, but it is also noticeable in
healthcare, access to services, the housing market and administrative procedures.
Web
As on 12 December 2023 on the accommodation website kamrica.dostop.si advertisements
that exclude foreigners can still be found.
Lack of action
Visible spheres where the Ministry isn't engaged in is monitoring and enforcement. On the
web we can find real estate websites where advertisers can choose an option not to rent to
foreigners. Therefore that can be considered to be an open discrimination.
In addition all other fields of ministry’s responsibility such as raising awareness, creating
special legislation and collaboration with stakeholders should be improved.
Conclusion
According to recent research concerning discrimination in housing market, we can come to
the conclusion that the Ministry of Labour, Family, Social Affairs and Equal Opportunities
doesn't cover the scope of work needed to prevent discrimination in housing. Especially it can
be noticeable in enforcement of laws and monitoring human right violations.
Literature
1. Government of the Republic of Slovenia - Official Website:
2. European Union Agency for Fundamental Rights (FRA)
3. International Organization for Migration (IOM)
4. Government of the Republic of Slovenia Official Website
5. European Network of Legal Experts in Gender Equality and Non-Discrimination
6. 2020 Country Reports on Human Rights Practices: Slovenia
7. “Anti-Discrimination Act (Zakon o preprečevanju diskriminacije)” (Official
Government Website of the Republic of Slovenia, 2019).
8. “Discrimination Law in Slovenia” (Kavcic & Partners Law Firm, 2020).
9. “Slovenia: Discrimination in Housing” (Eurofound, 2018).
10. Kogovšek Šalamon, Nataša. “Equality and Non-Discrimination in Housing: The Case
of Slovenia.” Journal of Human Rights Practice (Web).
11. Mihelj, Sabina. “Legal Protection Against Discrimination in Housing: A Comparative
Analysis.” Slovenian Law Review (Print).
12. Vrhovec Sambolec, Darja. “Challenges in Ensuring Equal Access to Housing: A
Legal Perspective.” Journal of Social Policy Studies (Web).
13. Zupančič, Jernej. “Promoting Equality in Housing: The Role of Anti-Discrimination
Legislation.” European Journal of Human Rights (Print).
14. Franet National contribution to the Fundamental Rights Report 2023 Slovenia

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Analyzing the Effectiveness of the Ministry Responsible for Equal Opportunity for Accommodation in Slovenia (1).pdf

  • 1. VISOKA ŠOLA ZA POSLOVNE VEDE Analyzing the Effectiveness of the Ministry Responsible for Equal Opportunity for Accommodation in Slovenia By Polina Nesterova
  • 2. Contents ● Problem, European goal ● Responsible body and regulations ● Implementation of law, Ministry's actions ● Conclusion ● Literature
  • 3. Stating the problem Inequality and Discrimination in Housing in Slovenia In Slovenia, like in many other countries, inequality and discrimination in housing, especially in renting, are significant issues that affect various groups.
  • 4. Importance of EU Sustainable Development Goal: Reduced Inequities The EU Sustainable Development Goal of reduced inequities is crucial in addressing these challenges. By promoting fair and equal access to housing for all individuals, regardless of their background or circumstances, this goal aims to create more inclusive and cohesive societies.
  • 5. Responsible ministry and regulations The responsible Slovenian ministry for equality in access to accommodation is Ministry of Labour, Family, Social Affairs and Equal Opportunities
  • 6. Policies and Initiatives National Laws for Affordable Accommodation in Slovenia In Slovenia, the legal framework for affordable accommodation is primarily governed by the Housing Act (Stanovanjski zakon) and the Residential Non-Profit Housing Act (Zakon o stanovanjskem gospodarstvu). Furthermore, the Anti-Discrimination Act (Zakon o preprečevanju diskriminacije) in Slovenia prohibits discrimination in various areas, including access to housing and real estate transactions.
  • 7. The law specifically prohibits discrimination in the following areas: ● Renting out properties ● Terms and conditions of tenancy ● Rent prices ● Maintenance and repairs In 2004 the Act Implementing the Principle of Equal Treatment (Zakon o uresničevanju načela enakega obravnavanja) was adopted, guaranteeing equal treatment
  • 8. EU Laws Impacting Affordable Accommodation in Slovenia ● One of the key EU directives relevant to this topic is the Directive on Unfair Commercial Practices (Directive 2005/29/EC). ● The Racial Equality Directive (Directive 2000/43/EC) and the Equality Directive (Directive 2006/54/EC) ● Moreover, the Charter of Fundamental Rights of the European Union enshrines the right to non-discrimination and equality before the law.
  • 9. Implementation and Ministry's actions Ministry of Labour, Family, Social Affairs and Equal Opportunities in Slovenia should engage in several key activities: 1. Legislation and Policy Development: 2. Awareness and Education: 3. Enforcement and Monitoring 4. Support Services 5. Collaboration with Stakeholders
  • 10. Impact of the ministry actions First test In 2013, discrimination testing was used for the first time in Slovenia in the field of housing. Compared to Slovenian testers, unfavourable treatment of non-Slovenian testers was registered in 13 of the 40 cases Final research On 15 December 2021, the Peace Institute (Mirovni inštitut) published the final report of a research project entitled “Reducing and eliminating discrimination based on ethnicity, ‘race’, nationality and/or religion” (Zmanjševanje in odpravljanje diskriminacije na podlagi etničnosti, ‘rase’, nacionalnosti in/ali vere). The main findings was that discrimination is still present in housing market in Slovenia. Ethnic discrimination In 2022, the book “Ethnic Discrimination: Research and Measurement Strategies” (Etnična diskriminacija: strategije raziskovanja in merjenja) was published. The book states that ethnic discrimination in Slovenia is a problem
  • 11. Web As on 12 December 2023 on the accommodation website kamrica.dostop.si advertisements that exclude foreigners can still be found.
  • 12. Conclusion According to recent research concerning discrimination in housing market, we can come to the conclusion that the Ministry of Labour, Family, Social Affairs and Equal Opportunities doesn't cover the scope of work needed to prevent discrimination in housing. Especially it can be noticeable in enforcement of laws and monitoring human right violations.
  • 13. Literature 1. Government of the Republic of Slovenia - Official Website: 2. European Union Agency for Fundamental Rights (FRA) 3. International Organization for Migration (IOM) 4. Government of the Republic of Slovenia Official Website 5. European Network of Legal Experts in Gender Equality and Non-Discrimination 6. 2020 Country Reports on Human Rights Practices: Slovenia 7. “Anti-Discrimination Act (Zakon o preprečevanju diskriminacije)” (Official Government Website of the Republic of Slovenia, 2019). 8. “Discrimination Law in Slovenia” (Kavcic & Partners Law Firm, 2020). 9. “Slovenia: Discrimination in Housing” (Eurofound, 2018). 10. Kogovšek Šalamon, Nataša. “Equality and Non-Discrimination in Housing: The Case of Slovenia.” Journal of Human Rights Practice (Web). 11. Mihelj, Sabina. “Legal Protection Against Discrimination in Housing: A Comparative Analysis.” Slovenian Law Review (Print). 12. Vrhovec Sambolec, Darja. “Challenges in Ensuring Equal Access to Housing: A Legal Perspective.” Journal of Social Policy Studies (Web). 13. Zupančič, Jernej. “Promoting Equality in Housing: The Role of Anti-Discrimination Legislation.” European Journal of Human Rights (Print). 14. Franet National contribution to the Fundamental Rights Report 2023 Slovenia
  • 14.
  • 15. VISOKA ŠOLA ZA POSLOVNE VEDE Analyzing the Effectiveness of the Ministry Responsible for Equal Opportunity for Accommodation in Slovenia By Polina Nesterova
  • 16. Contents ● Problem, European goal ● Responsible body and regulations ● Implementation of law, Ministry's actions ● Conclusion ● Literature
  • 17. Stating the problem Inequality and Discrimination in Housing in Slovenia In Slovenia, like in many other countries, inequality and discrimination in housing, especially in renting, are significant issues that affect various groups. These problems are often rooted in socioeconomic disparities, discriminatory practices, and inadequate housing policies. One of the primary challenges is the unequal access to housing opportunities. Not only marginalized groups and low-income families face discrimination, but also foreigners when seeking rental accommodations. Landlords may engage in discriminatory practices by refusing to rent to these groups or imposing unfair terms and conditions. Furthermore, there are concerns related to the quality of housing available to different groups. Marginalized communities and foreigners may be disproportionately affected by substandard living conditions, inadequate infrastructure, and limited access to essential services such as healthcare and education. These disparities contribute to the perpetuation of inequality and hinder social mobility. Importance of EU Sustainable Development Goal: Reduced Inequities The EU Sustainable Development Goal of reduced inequities is crucial in addressing these challenges. By promoting fair and equal access to housing for all individuals, regardless of their background or circumstances, this goal aims to create more inclusive and cohesive societies. It emphasizes the importance of combating discrimination, promoting affordable housing options, and ensuring that foreigners have equal opportunities to secure suitable accommodations. Reducing inequities in housing aligns with broader efforts to create sustainable and inclusive communities. It contributes to social cohesion, economic stability, and overall well-being. By addressing the root causes of inequality and discrimination in housing, countries like Slovenia can work towards achieving a more equitable society where everyone has access to safe, affordable, and adequate housing.
  • 18. Responsible ministry and regulations The responsible Slovenian ministry for equality in access to accommodation is Ministry of Labour, Family, Social Affairs and Equal Opportunities In order to analyze the effectiveness of the ministry responsible for equal opportunity for affordable accommodation between foreigners and locals in Slovenia, several key factors need to be considered. These factors include the ministry’s policies and initiatives, their impact on both foreigners and locals, the level of inclusivity and accessibility of affordable accommodation, as well as any existing challenges or limitations. Policies and Initiatives The first step in analyzing the effectiveness of the ministry is to evaluate the specific policies and initiatives that have been implemented to promote equal opportunity for affordable accommodation. This involves examining any laws or regulations that have been put in place to ensure fair access to housing for both foreigners and locals. Additionally, it is important to assess whether the ministry has developed targeted programs or support mechanisms to address the specific needs of different demographic groups within the population. Slovenia has implemented several policies and initiatives to promote equal opportunity for affordable accommodation between foreigners and locals. These efforts aim to ensure fair access to housing for all residents, regardless of their nationality or background. National Laws for Affordable Accommodation in Slovenia In Slovenia, the legal framework for affordable accommodation is primarily governed by the Housing Act (Stanovanjski zakon) and the Residential Non-Profit Housing Act (Zakon o stanovanjskem gospodarstvu). These provisions include regulations related to social housing, rent control, and tenant protection. The Housing Act (Stanovanjski zakon) in Slovenia regulates the field of housing and provides measures for ensuring access to affordable accommodation for all citizens, including foreigners. The act outlines provisions related to social housing, housing co-operatives, and rental relationships, aiming to ensure that adequate housing is accessible to all individuals without discrimination.
  • 19. Furthermore, the Anti-Discrimination Act (Zakon o preprečevanju diskriminacije) in Slovenia prohibits discrimination in various areas, including access to housing and real estate transactions. The relevant section that addresses equal opportunity to housing for both locals and foreigners can be found in Article 6 of the Anti-Discrimination Act. Article 6 of the Anti-Discrimination Act specifically addresses equal access to housing. It states that all individuals, regardless of their nationality or ethnic origin, have the right to equal treatment when seeking housing. This means that landlords, real estate agents, and other housing providers cannot discriminate against individuals based on their nationality or ethnicity when renting or selling property. The provision ensures that both locals and foreigners have equal opportunities in accessing housing in Slovenia. The law specifically prohibits discrimination in the following areas: ● Renting out properties: Housing providers cannot refuse to rent a property to an individual based on their protected characteristics. ● Terms and conditions of tenancy: Housing providers cannot impose different terms and conditions on tenants based on their protected characteristics. ● Rent prices: Housing providers cannot charge different rent prices based on a tenant’s protected characteristics. ● Maintenance and repairs: Housing providers must provide equal maintenance and repair services to all tenants, regardless of their protected characteristics. In 2004 the Act Implementing the Principle of Equal Treatment (Zakon o uresničevanju načela enakega obravnavanja) was adopted, guaranteeing equal treatment irrespective of personal circumstances such as gender, ethnicity, race or ethnic origin, religion or belief, disability, age, sexual orientation, or other personal circumstance. EU Laws Impacting Affordable Accommodation in Slovenia One of the key EU directives relevant to this topic is the Directive on Unfair Commercial Practices (Directive 2005/29/EC). This directive aims to protect consumers from unfair business practices, including those related to housing and accommodation. The Racial Equality Directive (Directive 2000/43/EC) and the Equality Directive (Directive 2006/54/EC) are particularly relevant in this context. These directives aim to combat
  • 20. discrimination on various grounds, including race, ethnicity, religion, and gender, ensuring equal treatment in access to housing and real estate services. Moreover, the Charter of Fundamental Rights of the European Union enshrines the right to non-discrimination and equality before the law.
  • 21. Implementation and Ministry's actions To ensure equal access without discrimination to renting accommodation for both foreigners and locals, the Ministry of Labour, Family, Social Affairs and Equal Opportunities in Slovenia should engage in several key activities: 1. Legislation and Policy Development: The ministry is involved in the development and implementation of legislation and policies aimed at preventing discrimination in the housing sector. 2. Awareness and Education: The ministry conducts awareness campaigns and educational programs to inform both landlords and tenants about their rights and responsibilities regarding non-discrimination in housing. 3. Enforcement and Monitoring: The ministry is responsible for monitoring compliance with anti-discrimination laws in the housing sector. This may involve investigating complaints of discrimination, conducting inspections of rental properties, and taking enforcement actions against landlords who engage in discriminatory practices. 4. Support Services: The ministry may provide support services to individuals who have experienced discrimination in the housing market. 5. Collaboration with Stakeholders: The ministry collaborates with various stakeholders, including local government authorities, non-governmental organizations, and housing industry representatives, to address issues related to equal access to renting accommodation. Impact of the ministry actions By comparing statistics and trends related to housing conditions for foreigners and locals, it is possible to gauge the effectiveness of the ministry’s interventions. First test In 2013, discrimination testing was used for the first time in Slovenia in the field of housing. The testers inquired with the real estate agencies about cheaper apartments (e.g. with Serbian, Macedonian, African or Latin American name, with accent, with foreign citizenship) compared to a Slovenian counterpart who checked the availability of the same apartment a couple of hours later. Compared to Slovenian
  • 22. testers, unfavourable treatment of non-Slovenian testers was registered in 13 of the 40 cases, whereas almost a half of cases of unfavourable treatment included persons of Macedonian and Serbian origin. The agents, for example, falsely informed the non-Slovenian testers that the apartment was taken, but offered it lately to Slovenian testers. In some cases, they initially refused to provide more details regarding the apartments, but requested to be sent an email or to be called by the testers in very late hours, or claimed that they would call the testers later, but failed to do so. Final research On 15 December 2021, the Peace Institute (Mirovni inštitut) published the final report of a research project entitled “Reducing and eliminating discrimination based on ethnicity, ‘race’, nationality and/or religion” (Zmanjševanje in odpravljanje diskriminacije na podlagi etničnosti, ‘rase’, nacionalnosti in/ali vere). The main findings were the following: Discrimination based on the personal circumstances of nationality, citizenship, skin colour and religion is a problem present in Slovenia, especially in employment and workplace, healthcare, access to services, the housing market, and administrative procedures. Ethnic discrimination In 2022, the book “Ethnic Discrimination: Research and Measurement Strategies” (Etnična diskriminacija: strategije raziskovanja in merjenja) was published, breaking new ground in the field of collecting empirical data on unequal treatment and addressing existing legal acts and guidelines requiring data on equality to represent the situation in society reliably. In this sense, it is also the first in Slovenia to present in detail and critically evaluate the methodology of audit studies or situational discrimination testing. The main conclusion of the monograph is – similar to the findings of the research report mentioned above – that ethnic discrimination in Slovenia is a problem present especially in employment and in workplace, but it is also noticeable in healthcare, access to services, the housing market and administrative procedures. Web As on 12 December 2023 on the accommodation website kamrica.dostop.si advertisements that exclude foreigners can still be found.
  • 23. Lack of action Visible spheres where the Ministry isn't engaged in is monitoring and enforcement. On the web we can find real estate websites where advertisers can choose an option not to rent to foreigners. Therefore that can be considered to be an open discrimination. In addition all other fields of ministry’s responsibility such as raising awareness, creating special legislation and collaboration with stakeholders should be improved.
  • 24. Conclusion According to recent research concerning discrimination in housing market, we can come to the conclusion that the Ministry of Labour, Family, Social Affairs and Equal Opportunities doesn't cover the scope of work needed to prevent discrimination in housing. Especially it can be noticeable in enforcement of laws and monitoring human right violations.
  • 25. Literature 1. Government of the Republic of Slovenia - Official Website: 2. European Union Agency for Fundamental Rights (FRA) 3. International Organization for Migration (IOM) 4. Government of the Republic of Slovenia Official Website 5. European Network of Legal Experts in Gender Equality and Non-Discrimination 6. 2020 Country Reports on Human Rights Practices: Slovenia 7. “Anti-Discrimination Act (Zakon o preprečevanju diskriminacije)” (Official Government Website of the Republic of Slovenia, 2019). 8. “Discrimination Law in Slovenia” (Kavcic & Partners Law Firm, 2020). 9. “Slovenia: Discrimination in Housing” (Eurofound, 2018). 10. Kogovšek Šalamon, Nataša. “Equality and Non-Discrimination in Housing: The Case of Slovenia.” Journal of Human Rights Practice (Web). 11. Mihelj, Sabina. “Legal Protection Against Discrimination in Housing: A Comparative Analysis.” Slovenian Law Review (Print). 12. Vrhovec Sambolec, Darja. “Challenges in Ensuring Equal Access to Housing: A Legal Perspective.” Journal of Social Policy Studies (Web). 13. Zupančič, Jernej. “Promoting Equality in Housing: The Role of Anti-Discrimination Legislation.” European Journal of Human Rights (Print). 14. Franet National contribution to the Fundamental Rights Report 2023 Slovenia