C. Principal subjects of concern and recommendations
Discrimination on the grounds of sexual orientation and gender identity
12. The Committee is concerned about the existence of several legal provisions that are discriminatory against same-sex partners and their families, including in the Health Care and Health Insurance Act, the Housing Act, the Code of Obligations, the Penal Code, and the Marriage and Family Relations Act. The Committee is particularly concerned about the retention of article 22 of the Registration of Same-Sex Partnerships Act, despite the decision by the Constitutional Court (2013) ruling that it violated the right to non-discrimination on the ground of sexual orientation (art. 2, para. 2).
The Committee recommends that the State party bring all its legislation in to line with article 2, paragraph 2, of the Covenant and with article 14 of its Constitution, which explicitly prohibits discrimination on the basis of sexual orientation. The Committee further encourages the State party to expedite the adoption of the draft law on same-sex civil partnerships, as announced by the State party’s delegation. The Committee draws the State party’s attention to its general comment No. 20 (2009) on non-discrimination in economic, social and cultural life.
Link to full text of the report: Concluding Observations-CESCR-Slovenia-2014-eng