Slovenia

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I. National legal protections

A. Are environmental rights protected within the national constitution?

Environmental rights are mentioned in several provisions of the Constitution:1

  • Article 5 introduces the principle of sustainable development by providing that “the State shall provide for the preservation of the natural wealth and cultural heritage and create opportunities for the harmonious development of society and culture in Slovenia”.
  • Article 67, on property, grants government regulatory powers over the use of property mentioning that “the manner in which property is acquired and enjoyed shall be established by law so as to ensure its economic, social, and environmental function.”
  • Article 70 grants the government regulatory authority over the manner in which natural resources are to be extracted. Additionally, Article 70a guarantees every individual the right to drinking water and classifies water as a public good.
  • Article 72 guarantees the right to a healthy living environment and provides that the State shall promote such an environment by determining the manner in which economic and other activities are to be pursued. Furthermore, Article 72 states that the law shall establish the conditions and to what extent a person who has damaged the environment must provide compensation.

Although no constitutional provision specifically references children, Article 56 of the Constitution (Chapter II) affirms that children shall enjoy special protection and care from economic, social, physical, mental, or other exploitation and abuse. Moreover, it guarantees that children shall have human rights and fundamental freedoms “consistent with their age and maturity”.2

The introduction of the Resolution on the National Environmental Action Programme 2020–2030 mentions that: “Slovenia's future environmental challenges are not limited to its territory, as its environment will also be subject to significant and long-term impacts of processes on a global scale. Green Slovenia, rich in forests, clean water, air and biodiversity, should not be taken for granted. It is up to us to take care of it so that this wealth can be enjoyed by our children as well.”3

Slovenia ratified the Convention on the Rights of the Child (CRC) in 1992.4 Pursuant to Article 8 of the Constitution, all Slovenian laws and regulations must comply with the Convention. Children’s rights provided in the Slovenian Constitution are modelled after the CRC.5

Slovenia also signed a series of regional and sub-regional cooperation agreements and ratified most of the multilateral environmental agreements, including the EU Biodiversity Strategy and the Protocol to the Convention on Biological Diversity (on Access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation).6


B. Have constitutional rights protections been applied by national courts with regards to environmental issues?

There are very few environmental cases to date.7 The following are examples of cases where national courts have applied constitutional rights protections:

  1. Pavel Ocepek and Breg pri Komendi v. Government of Slovenia.8 A water pollution tax imposed under the Environmental Protection Act (EPA) was upheld as a proper exercise of the State's authority under its constitutional duty to provide for a healthy environment.
  2. Breda Kosi, Celje v. Government of Slovenia.9 The Court upheld that, according to the EPA, a local community is required to provide drinking water and organise the draining and cleaning of water as a local public service. As a result, the government may set a fee for those people and legal entities who pollute the water.
  3. Ivan Prilasnik, Libelič v Government of Slovenia.10 A regulation, which imposed a double tax on water users, was held consistent with the Constitution.
  4. Stanislav and Uroš Zavodnik and one other v. Government of Slovenia.11 The Court held that an ordinance creating noise protection areas in a municipality did not comply with noise regulations because it located residential areas into zones intended for other uses, which could harm people’s health. The court found that this violated the constitutionally protected right to a healthy environment.
  5. The Municipality of Dol pri Ljubljani, represented by the Mayor of Ljubljana v. Government of Slovenia.12 The Court held that some articles of state legislation regulating nuclear safety were unconstitutional.
  6. Association for the Liberation of Animals and their Rights, Ponikva v. Government of Slovenia.13 The Court held that the Nature Conservation Act restricted the general public from participating in the development of environmental laws. This was found to be contrary to the Constitution, which required Slovenia to abide by international agreements, as well as the Aarhus Convention, which states that the public should be involved in environmental decisions.

No cases involved children specifically.


C. Has the concept of intergenerational equity been applied within national courts? If yes, in what circumstances?

The concept of intergenerational equity has not been applied within national courts. However, the Constitution mentions that “everyone” has the right to a healthy living environment and is obliged to protect natural sites of societal interest (see above Part I.A). In addition, the Resolution on the National Environmental Action Programme 2020–2030 mentions in its Preamble that:14

“With a growing awareness of the importance of a healthy environment for the quality of life of both present and future generations, environmental protection is at the forefront of Slovenia’s development goals.”

“Slovenia has all the resources necessary to achieve environmental and sustainable excellence and to provide current and future generations with a high-quality life, taking into account the planet’s capacities.”


D. What legislation is in place to regulate environmental protection? Are there any proposals for legal reforms currently under review in the national legislature?

Slovenia has established comprehensive environmental legislation. It has transposed most EU environmental directives into the 2004 Environmental Protection Act and other national laws. The environmental policy in Slovenia has also been guided by the Development Strategy 2030, adopted in 2017, and the National Environment Protection Action Programme, adopted in 2020, which defines the long-term goals, guidelines and competencies in the field, with measures until 2030.15

Main laws and regulations include:

  • The Environmental Protection Act.16 The new EPA was adopted in 2022. It provides for the protection of the right to a healthy environment.17 It regulates the protection of the environment against burdens, which is a basic condition for sustainable development, and within this framework lays down basic environmental protection principles, environmental protection measures, environmental monitoring and environmental information, economic and financial instruments for environmental protection, public services for environmental protection and other issues related thereto.18 The State and municipalities may enact their own regulations so long as it is consistent with this act.19
  • The Decree on Waste and other regulations in the field of waste treatment and management.20 In 2019, new policy instruments were introduced to promote waste prevention, make reuse and recycling more economically attractive, and shift reusable and recyclable waste away from incineration.
  • Law on Environmental Planning.21
  • The Nature Conservation Act.22
  • The Waters Act.23
  • Acts and regulations in the field of pollution prevention and quality and protection of air, soil and water.24
  • The Building Act.25
  • The Animal Protection Act.26 Sets out the responsibility of humans to protect animals as sentient beings, that is to protect their lives, health and well-being. It also regulates non-governmental organisations acting in the public interest in the field of animal protection, regulates the supervision over the implementation of these rules and determines criminal sanctions for violators over its provisions.

Currently, a Climate Act is under preparation. The first draft was submitted for public debate in October and November 2023. This will be followed by a submission of the new draft into Government procedure.

Slovenia is also a party to international environmental treaties, such as the Aarhus Convention,27 the Convention on Transboundary Environmental Impact Assessment,28 the Convention on Biological Diversity29 and the United Nations Framework Convention on Climate Change and the Paris Agreement.30


E. Is there any specific national policy addressing childhood exposure to toxic substances? If so, what is considered a safe level of exposure and what is the process for determining safe levels of exposure?

There are two areas in Slovenia where environmental deterioration is particularly severe, the Meža valley and the Celje basin, due to heavy metal-contaminated soils from previous industry activities, such as lead in the Meža valley and cadmium in the town of Celje. Slovenia has put in place general and targeted safeguards to keep children safe from these substances.31

Since 2007, a preventive programme and comprehensive biomonitoring for children aged three have been implemented in the Meža valley.32 Along with homes, the programme has been implemented in kindergartens and schools.33 The locals are made aware of the risks associated with exposure and ways to mitigate them, such as regular house cleaning, replacing contaminated soil with fresh, uncontaminated soil, growing vegetables in uncontaminated soil, paving and grassing roadways, etc.34 According to the government this has resulted in a significant decrease of lead levels in children’s blood.35 Between 2013 and 2018, the LIFE ReSoil project demonstrated a pilot remediation plant that was able to treat up to six tonnes of contaminated soil a day from the Meža Valley.36

In Celje, a preventive programme has also been implemented. Websites and other promotional materials teach parents and kids how to handle exposure to dangerous toxics like cadmium.37 In the area, kindergartens participate in preventive initiatives, and the process of repairing contaminated soil started in 2019.38 These initiatives are financially supported by the Ministry of Environment.39

In the municipality of Zagorje along the Sava River, numerous factories release a lot of particulate matter (PM) in various sizes as well as other air pollutants, which has been an issue for outdoor air pollution. Slovenia belongs in the group of EU countries, which are more polluted due to PM.40 The average annual concentration is exceeding the limit value recommended by the World Health Organization.41 According to the government there have been preventive actions taken to safeguard the health of children and a number of factories have been closed down.42

Several members of a community in the Soča River valley were exposed to asbestos particles for decades, which led to an increased number of illnesses and fatalities.43 The town was located close to the Salonit Anhovo cement factory.44 Moreover, Roma families in the south-east region of Dolenjska do not have access to safe drinking water.45

In 2021, a study conducted on 246 Slovenian children reported exposure of children in Slovenia to a wide range of different endocrine disrupting chemicals, connecting it to exposure patterns and exposure sources.46

The UN Special Rapporteur on Human Rights and the Environment stated in 2022 that Slovenia “faces challenges in protecting this right [to a healthy environment], such as toxic pollution hotspots, lack of access to safe drinking water for vulnerable populations and poor air quality”.47


F. Is the country equipped with pollutant release and transfer registers? If yes, do these registers take into account child specific factors regarding the substances for which data is gathered and the type of data generated?

The limit values for pollution are set in accordance with the EU standards. Since 2016, Slovenia reports under Article 7 of Regulation (EC) No. 166/2006 and shares data published in the European Pollutant Release and Transfer Register.48 There is specific data on air pollution, industrial water pollution, non-hazardous waste and hazardous waste.49

ARSO keeps registers on protected areas, ecologically important areas, valuable natural features and Natura 2000. Other national bodies also collect data on valuable natural features and biodiversity (e.g., data derived from status monitoring and their own fieldwork).50

In addition, the Statistical Office of the Republic of Slovenia, an independent government office, collects available data on the status and trends in the economic, demographic, environmental and natural resources fields.51 Environmental data collected includes, among others, CO2 emissions, total generated waste, generated municipal waste per capita, and water used for irrigation.52


G. Does the State assert extra-territorial jurisdiction for any environmental issues?

In general, the State does not assert extra-territorial jurisdiction for any environmental issues. However, there may be some exceptions. For instance, the State shall ensure that enterprises registered in Slovenia respect human rights on Slovenian territory and abroad.53 Some business crimes committed outside Slovenia may be prosecuted in Slovene Courts. Slovenia cooperates with Europol and Eurojust.54

Slovenia’s extra-territorial jurisdiction for environmental issues was considered in the Duarte Agostinho case.55 The complaint was brought by 6 children and youth from Portugal against 33 countries, including Slovenia as a Member State of the Council of Europe. The Applicants argued that these States exercise extra-territorial jurisdiction for causing climate impacts abroad. The Court concluded that jurisdiction could only be established in relation to Portugal.

 
 

II. Accessing courts

A. How can environmental cases be brought before national courts?

Slovenia’s Judiciary branch consists of the following courts, from lowest to highest authority: County (Local) Courts, District Courts, Higher Courts, and the Supreme Court. It also includes specialised courts, one of which is the Administrative Court. Outside of the Judiciary branch, there is also a separate, autonomous body: the Constitutional Court.56

Slovenia does not have a specialised court for environmental matters. However, there are several routes for pursuing environmental cases before the national courts.57

Civil Law

Claimants can initiate civil proceedings before the civil departments of County or District Courts, and appeal decisions to a Higher Court in the second instance and the Supreme Court in the third instance.

Article 134 of the Code of Obligations states that individuals have a right to demand courts to interfere with actions that infringe on their personal rights, including those that create a major risk of environmental damage.58 A court may order infringers to cease the activity or face mandatory payment to the individuals.59

The Law of Property Code also provides a cause of action in Civil Court for property owners affected by excessive emissions from other properties.60

Administrative Law

Administrative litigation can be brought against decisions taken by the ministry responsible for the environment, nature and the environment or by another authority, including at local level.61 Claimants can initiate administrative proceedings before the Administrative Court, which has the same status as a Higher Court (and therefore, negative decisions are appealed to the Supreme Court as well) and, in some instances, the Constitutional Court.62 The two administrative bodies with the power to issue administrative decisions in environmental matters are the Ministry of the Environment and Spatial Planning and the Slovenia Environment Agency (a subordinate body of the Ministry). Individuals can challenge administrative decisions pertaining to environmental matters by filing an appeal before the Ministry of the Environment and Spatial Planning within 15 days from obtaining the decision. If the appeal is not successful, it is possible to file a complaint before the Administrative Court. Article 1 of the Administrative Disputes Act states, “the court shall decide on the legality of final administrative acts which interfere with the legal position of the plaintiff.”63

Constitutional Law

Article 72 of the Constitution establishes that everyone has a right to a healthy living environment, and it is the State’s duty to promote such an environment. Citizens may directly invoke this constitutional right in judicial and administrative proceedings. Individuals can also protect their right to a healthy living environment in the Constitutional Court if they can prove legal interest according to the law and have exhausted all other legal remedies.64

Criminal Law

Slovenia’s Criminal Code provides environmental protections, for 15 criminal acts against the environment and natural resources, such as unlawful dumping of dangerous substances, contamination of drinking water and destruction of forests, which are prosecuted ex officio.65 Criminal complaints can be filed with the Police or the Public Prosecutor's Office.66 To prevent environmental crimes from going uninvestigated and/or unconvicted, a special group of the police has been set up to investigate such crimes.67

European Law

Slovenia became a member of the EU in 2004. As such, Slovenian organisations and individuals may also file a complaint before the European Commission about a practice or measure (e.g., law, regulation or administrative action) that conflicts with EU law. The European Commission is responsible for monitoring over 200 legal acts pertaining to the environmental field.68 Complaints before the European Commission must concern a breach of EU law that involves public authorities.69 These legislative measures are listed on the EU law database, and cover all environmental sectors including air, water, chemicals, noise, waste, and more.70 If the complaint concerns an action by a private individual or private body, it must be resolved at the national level instead.

Other Opportunities

Article 8 of the Constitution states that “ratified and published international treaties should be applied directly.”71 Therefore, Slovenia is bound by international treaties in force. One such treaty is the Aarhus Convention, which was ratified by Slovenia in 2004.72 This treaty establishes a number of rights of the public with respect to the environment and can be directly applied in judicial or administrative proceedings.

Article 159 of the Constitution establishes the Human Rights Ombudsperson, an independent institution that protects fundamental human rights by investigating complaints and submitting its recommendations to authoritative bodies.73 Article 231 of the EPA states: “The protection of the right to a healthy living environment shall […] fall within the responsibility of the Ombudsperson.”74 As such, individuals whose rights have been violated by public authorities may petition the Ombudsperson to initiate a proceeding, which is free of charge.75 However, while respected, his opinions are not binding.76 Individuals may only petition the Ombudsperson as a last resort.77


B. What rules of standing apply in environmental cases?

With respect to civil judicial and administrative procedures, the EPA allows individuals, NGOs and organisations with a public-interest status in the field of environmental protection and citizens' initiatives (of at least 200 members of legal age) to bring environmental cases against natural and legal persons (private and public).78 Article 231 of the EPA defines the procedure in environmental cases and legal protections.79 This article also regulates payment of cost of trials before the courts and the role of the inspection in such cases.80 It states that “to exercise the right to a healthy living environment citizens may, as individuals or through societies, associations and organisation, file a request at court that the person responsible for an activity affecting the environment ceases the activity….” and provides a direct cause of action for citizens or organisations when someone is causing (or could cause) environmental damage that may be dangerous to human life or health.81 In doing so, citizens or organisations may request that a court require the adverse party to cease the activity that may have a large environmental impact. There are no special procedural rules for cases pursued under the EPA.82

Similarly, Article 42 of the Administrative Procedure Act stipulates, “A party to administrative proceedings may be any natural person and legal person of private or public law […] The parties may also be others (group of persons, etc.), provided that they can be holders of rights and obligations decided upon in the administrative procedure.”83 Parties must demonstrate a legal interest, meaning the applicants must show that their rights or legal interests have been affected.84

Group litigation, also known as collective action, is possible with environmental cases.85 The Collective Actions Act, which enables individuals to file their claims collectively, states: “The following may be asserted by a collective action: Claims arising from liability for causing an environmental accident, as determined by the law governing environmental protection.”86 Collective actions are decided by District Courts at the seat of the Higher Courts.87

With respect to complaints initiated in the Constitutional Court, the complainant can be either a natural person or legal entity.88 Further, the Ombudsman may file constitutional complaints on behalf of individuals whose rights he is protecting so long as he obtains their consent.89 The complainant must demonstrate legal interest, meaning they must show that the act in question directly interferes with their rights, legal interests, or legal position.90

Legal or natural persons who are or may be affected by environmental damage and non- governmental organisations with a public interest status in the field of environmental protection have the right to inform the Ministry of the Environment of the harm and to request that the Ministry of the Environment take action in accordance with the Environmental Protection Act.91

However, the potentially high costs of environmental litigation in the event of losing the case is one of the disincentives for environmental litigation in Slovenia.92 The EPA attempts to address this issue by providing that each party shall bear its own costs only if the court so decides and the claimant has not caused the costs by deliberately delaying the proceedings, misleading the court or otherwise through no fault of its own, irrespective of success in such an action.93


C. Do these rules of standing differ when children are the complainants and if so in what way?

Slovenia ratified the CRC in 1992 (see Part I.A.), so it is directly enforceable in courts. Article 56 of the Constitution states that “[c]hildren shall enjoy human rights and fundamental freedoms consistent with their age and maturity.”94 The age of majority in Slovenia is 18 years old.95 According to the Marriage and Family Relations Act, it is at the age of 18 years old that a person is granted full legal capacity, which enables him or her to enter into legal transactions. However, children aged 15 or older, who are capable of understanding the meaning and legal consequences of the acts he or she performs shall be enabled by the court to execute the acts of procedure independently as a party, may bring cases by themselves in their own names. If a child is younger than 15, their case must be brought by a statutory representative (on behalf of the child) who is guided by the child’s best interests.96 There are no specialised juvenile courts in Slovenia; rather, cases by or on behalf of children may be filed in civil, criminal, administrative and constitutional courts.97


D. What is the burden and standard of proof for allegations of personal injury as a result of toxic exposure?

According to Article 131 of the Code of Obligations, the general rule for compensation claims for damage is that the claimant only needs to prove the cause-and-effect connection and the burden rests with the defendant to prove lack of culpability.98 Culpability is present when the opposing party inflicts damage either intentionally or negligently.99 Where the claimant must establish a causal connection, it is difficult to satisfy the burden of proof as there are typically several polluting actors who may be operating within the limits of allowed emissions, but who all together have a damaging effect. In such a case, it is difficult for claimants to identify the specific actor responsible for their injury. If there is more material or major risk of damage to the environment (excessive environmental burden), the causal connection will be assumed, and the burden falls on the defendant to prove that the connection does not exist.100 Unless the defendant can do so, he or she will be liable regardless of culpability.101

Article 133 of the Code of Obligations states that it is also possible to file a compensation claim where the defendant causes damage in the course of performing generally beneficial activities and has all the necessary environmental permits.102 However, the emissions must exceed customary limits, which makes this route more difficult with respect to proof.103


E. What limitation periods apply in environmental cases?

With respect to civil proceedings, the general statute of limitations is five years unless provided otherwise. For non-contractual claims for damages, the statute of limitations is three years, starting at the date that the injured party becomes aware of the damages and the wrongdoer’s identity, and five years starting from the date when the damages occurred.104

As for administrative proceedings, the deadline for filing an action in Administrative Court is 30 days, and the time limit begins to run “with the service of an administrative act on the party or when an individual act has been committed which encroaches on the human rights and fundamental freedoms of the individual.”105 If challenging the legality of an act that affects individual relations, the time limit begins to run with the publication of the act.106

With respect to constitutional claims, a complaint must be lodged within 60 days from “the day the individual act against which a constitutional complaint is admissible is served.”107 In exceptional circumstances, the Constitutional Court has the discretion to decide on a constitutional complaint that has been initiated after this time limit has expired.108


F. Is legal aid available in environmental cases? If so, under what circumstances?

According to the Free Legal Aid Act, individuals or organisations can apply for legal aid in all cases, including environmental matters.109 Article 7 of the Free Legal Aid Act states that legal aid is available for all courts in Slovenia, whether of general or specialised jurisdiction, including the Constitutional Court.110 Article 10 of the Free Legal Aid Act lists out the parties eligible to receive legal aid, which includes individuals and non-profit organisations or associations.111 To receive legal aid, a case must generally have good prospects. With respect to individuals, every claimant in Slovenia is entitled to free legal aid if they are not able to cover the costs of legal proceedings on their own without endangering their own financial position and that of their family. Free legal aid is determined based on the applicant’s income, receipts and property owned by the claimant and his/her family.112

With respect to organisations and associations, legal aid is granted based on public interest status. To gain this status, which is possible for non-profit organisations focused on environmental protection, the organisation must submit an application to the competent ministry in their field (in this case, the Ministry of the Environment and Spatial Planning).113

The potentially high costs of environmental litigation in the event of losing the case is one of the disincentives for environmental litigation in Slovenia.114 Costs before the courts are relatively low, especially before the Administrative Court.115 However, there are exceptions, mainly in civil law proceedings and when the court appoints experts.116 Court fees are payable in Slovenian courts at the rate set by the Court Fees Act (ZST-1), including in litigation proceedings and administrative dispute proceedings.117 The court fee for an action before the Administrative Court is payable by the person bringing the action (EUR 148.00 in 2022).118 If the litigation is successful, the fee is returned to the claimant.119 Each party bears its own costs in advance.120

 
 

III. Remedies

A. What remedies are courts empowered to impose in environmental cases?

Courts are empowered to impose several types of liability where there is a breach of environmental laws or permits:

  • Civil liability based on tort law. Civil liability is established if there is harm; an unlawful act or omission; a causal link between the harm that has occurred and the unlawful act or omission; and the establishment of the responsibility of the person who caused the damage.
  • Special environmental liability for environmental damage based on the EU Directive 2004/35 (environmental liability directive which imposes strict liability for damage to species, natural habitats, water or land damage).121
  • Administrative liability which stipulates that the operator is responsible for preventing the imminent danger of environmental damage and for preventing or remedying environmental damage regardless of fault, administrative offences liability.
  • Criminal liability. Imprisonment sentences range from six months to five years, or eight years if the offence results in human casualties. Companies and other legal entities can also be held liable for criminal offences and face material sentences (monetary fines, termination of the company).

The basic principle is the “polluter pays”. Liability for contamination for soil or groundwater is regulated in the EPA. There is also a strict liability imposed on certain operators, who are responsible for environmental damage regardless of fault.122

The EPA mentions that the person responsible for an excessive burden shall be held criminally responsible and liable for damages in accordance with the law, and defines a series of penalties such as fines.123 The principle of payment for burden may also apply.124

When it comes to injunctive relief, the EPA defines a broad right for citizens as individuals or their associations to demand before the court that someone stop doing something that is causing or would cause larger environmental impact or danger to life or health of people. It is also important to note that there has yet been no cases based on this norm.125

In 2020, the Ministry of the Environment issued a brochure about legal remedies in environmental matters.


B. What remedies have courts ordered in environmental cases to date?

The Constitutional Court has upheld a number of taxes and annulled ordinances based on the constitutional interest in environmental protection (see Part I.B.). The courts have also interpreted that the Collective Action Act (Zakon o kolektivnih tozbah) states that a class action lawsuit may be used for claims regarding liability for damages caused by an environmental accident, as defined by the Slovenia EPA.126


C. Are there any administrative authorities empowered to act on environmental complaints and if so, how are they empowered to respond to complaints?

Regulatory and enforcement competencies related to the environment protection at the national level are centralised. The main body is the Ministry of the Environment and Spatial Planning. At the local level, communities and municipalities play an important role in the area of spatial planning, monitoring, nature preservation and informing the public.

There are several administrative authorities empowered to act on environmental complaints as follows:

  • The Slovenian Environment Agency (Agencija Republike Slovenije za okolje), is an administrative agency (part of the Ministry of the Environment and Spatial Planning) empowered to lead administrative proceedings such as environment impact assessment and act on environmental complaints.
  • The Inspectorate for the Environment and Spatial Planning, also within the Ministry of the Environment and Spatial Planning, whose primary task is to supervise the compliance with and implementation of spatial planning and building construction regulations and essential requirements.127 There are other relevant inspectorates, such as the Inspectorate for Agriculture, Forestry, Hunting and Fisheries, which is responsible for monitoring the enforcement of agricultural regulations, including fertilisation and all practices related to agricultural activity, and the Inspectorate for Energy and Mining, which is responsible for infringements under the Mining Act, which regulates the extraction of mineral substances from the soil.128

There are also other bodies such as the Slovenian Water Agency, the Slovenian Nuclear Safety Administration, the Surveying and Mapping Authority and Nature Conservation Institute of the Republic of Slovenia.129

The Human Rights Ombudsperson, an independent institution, also contributes to the protection and promotion of human rights and fundamental freedoms in Slovenia through the investigation of the complaints, submission of opinions and recommendations to any authority, addressing pressing human rights issues, conducting on-site inspections, conducting human rights education, research, through cooperation with civil society as well as through own initiatives and statements on legislative proposals. It has specific competences in the area of environmental preservation.130 The Ombudsperson also plays a special role in advocating for children.131

 
 

IV. Civil and political rights

Freedom of peaceful assembly

A. How is children’s right to engage in peaceful assembly, including protests, protected in national law?

Article 5 of the Constitution mentions that in its own territory, the State shall protect human rights and fundamental freedoms.132 Slovenia ratified the CRC and according to the Constitution, international treaties must be applied directly and laws and other regulations must comply with treaties that are binding on Slovenia. Pursuant to Article 15 (1) of the CRC: “States Parties recognise the rights of the child to freedom of association and to freedom of peaceful assembly.”133

The national Programme for Children and Youth also promotes the right of participation for children in decisions affecting the quality of their lives at all levels and consequently operationalisation of this endeavours within the programme’s action plans which should better reflect the current needs of children and youth.134

Article 2 of The Act on Public Assembly states that “[e]veryone has a right to organise public gatherings and public events and to participate in them.”135 However, the organiser of a public gathering or event (defined in Article 4 of the Act) must designate a leader of the gathering or event. Article 10 specifies that a leader must be at least 18 years of age to comply with the Act.136 As such, children may take part in, but not lead, organised public gatherings and events.

B. Are there any legal limitations on the right of children to engage in peaceful assemblies?

According to Article 15 (2) of the CRC: “No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.”137

According to Article 18 of The Act on Public Assembly, a fine shall be imposed to an organiser who appoints as leader a person younger than 18 years of age or someone who does not have the appropriate psychophysical capabilities to execute the tasks of leader.138

C. What penalties can be imposed on children for engaging in school strikes?

Generally, parents of children can be penalised for their children striking from school as these absences if not excused would be in violation of the Ministry of Education’s absence rules. These absence rules are put into place to promote continuity, safety, and quality of a child’s education. Schools have a policy of only allowing absences for medical reasons or under exceptional circumstances.

During the children and youth climate strike of 2019, the Ministry of Education expressed support for them, but deferred to the schools in the matters of organising classes and excusing absences. The Ministry stated: “We believe the schools will find a suitable way to place this absence within the excusable reasons for the student's absence.”139 Head teachers of some of Ljubljana's secondary schools adopted a unanimous position that classes on the day of the strike would be held as normal but that the students wanting to take part in the protests would need to get an excuse note from their parents.140 Support for the protest was also expressed by the teachers' trade union SVIZ, which called on its members to join in, if possible, with their students.141

In 2021, protests against the government were subject to intense police scrutiny, with allegations of excessive use of police powers.142 The same year, three secondary school students were called to court after participating in a protest calling for schools to reopen in the context of COVID-19.143 The judge in charge of one of the cases announced halting the proceedings and “apologised on behalf of the judiciary”.144


Freedom of expression

A. How is children’s right to freedom of expression protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

The Constitution guarantees the freedom of expression in Article 39 and 41.145 It also guarantees the freedom of conscience.146 Article 56 seemingly extends this protection to children when it states, “children shall enjoy human rights and fundamental freedoms consistent with their age and maturity.”147 Article 13 of the CRC on the freedom of expression is directly applicable in Slovenian law.

According to the Elementary School Act, together with a class teacher address issues related to their work and life at school.148 Each school determines in its school rules the duties and responsibilities of children and their organisation. Children are also involved in drafting the rules of the school order, together with professional school workers and parents.

In 2019, a national conference on the participation of children was held to increase awareness and encourage children’s participation in policymaking and to give children the opportunity to express their views to decision makers.149

B. Are there any legal limits or restrictions on the right to freedom of expression that specifically apply to children?

Children’s right to express their opinion has certain limits. Pursuant to Article 13 (2) of the CRC, the exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: for respecting the rights or reputations of others; or for the protection of national security or of public order, or of public health or morals. For example, incitement to racist acts, or harming other people’s reputation by making false accusations is forbidden.

The Penal Code also prohibits hate speech.150


Freedom of association

A. How is children’s right to freedom of association protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

The right to freedom of association is a constitutional right. Article 42 of the Constitution states, “Everyone has the right to freedom of association with others.” Further, Article 15 of the CRC affirms that children have this right. It specifies that “States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.” Therefore, children’s right to freedom of association is protected under national law according to the national constitution and ratified international treaties.

B. Are there any legal limits or restrictions on the right to association that specifically apply to children?

Article 42 of the Constitution provides general restrictions on the right to freedom of association and public assembly as follows: “Legal restrictions of these rights shall be permissible where so required for national security or public safety and for protection against the spread of infectious diseases.” Article 15 of the CRC further stipulates that “[n]o restrictions may be placed on … [children’s] rights other than those imposed in conformity with the law and which are necessary … in the interests of national security or public safety, public order…, the protection of public health or morals or the protection of the rights and freedoms of others.” This last caveat can affect the ability of children to join certain associations without the approval of their guardians, who hold parental rights.

One possible form of association is through legal entities deemed associations, or societies. Article 1 of the Act on Societies defines a society as “an autonomous and not-for-profit union initiated by its creators … for the purpose of pursuing common interests” and provides that “[a]ny individual may become a member of a society and play an active role therein under the conditions defined in the society’s charter.”151 However, there are a few considerations with respect to children. First, only persons of contractual capacity may create and represent a society.152 Second, with respect to membership, consent of a legal representative may be required.153 A child aged between seven and fifteen years of age is required to have their legal representative submit a written consent in order to become a member of a society.154 A child of less than seven years of age is required to have their legal representative sign the membership application on their behalf.155 The Constitutional Court deemed these restrictions on children’s rights constitutional (and in line with the CRC), because they are necessary to protect the parents’ constitutional rights.156


Access to information

A. How is children’s right to access information protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

In Slovenia, everyone has the right to obtain information of a public nature in which he/she has a well-grounded legal interest under the law, with the only exceptions provided by law. A right of access to public information is defined in the second paragraph of Art 39 of the Constitution.157 Other national legal acts that require providing access to information held by public officials are the Access to Public Information Act,158 Physical Assets of the State and Local Government Act,159 EPA,160 and General Administrative Procedure Act.161 Slovenia’s Access to Public Information Act is considered one of Europe’s best.162 Anyone can request public information by submitting a written request to a government institution or other legal entity or public information service provider.163 If the authority does not have the document or information, it is not obliged to provide it, but must inform the person making the request within three days. If it does have the document, it must provide it to the petitioner within 20 working days (i.e., at least 28 days or one month) from the date of your request, unless it informs you before the deadline expires that it will take longer to provide the documentation for justified reasons. In this case, the deadline may be extended by a maximum of another 30 working days.164

Based on the EPA, information on the protection of the environment is public and everyone has the right to access such information. Access to data and the work of the Slovenian Environment Agency is also guaranteed.165

The Information Commissioner is an autonomous and independent body that supervises access to public information in the country by deciding on the appeals against the decisions by which another body has refused or dismissed the applicant’s request for access, or violated the right to access or re-use public information.166

There is no statistical data regarding the difficulties of the environmental agencies handling the number or scope of requests. However, a person in that situation may open a request with the Information Commissioner office.167 The Information Commissioner was established in 2005 based on the Information Commissioner Act following the merger of the Inspectorate for Personal Data Protection and Commissioner for Access to Public Information offices.168 If a procedure is commenced at the Information Commissioner, it means there was an appeal because a certain public body did not allow access to public information as requested as defined as a public body, failing to respond to your FOIA request within 20 working days, denying the FOIA request, failing to respond to a media enquiry within 7 workings days, or denying a media FOIA request.

The EPA, adopted before Slovenia joined the EU and amended later on, enables access to environmental data in specific cases such as gaining information of emission and monitoring, environmental plans, projects, environmental impact assessment for industrial pollution or industrial accidents.169 Apart from being able to acquire such environmental information, the EPA recognizes that public participation, opening up procedures to public participation and perhaps consultation, is a crucial path to enabling access to environmental information.170 Between 2005 and 2015, the Information Commissioner fielded public participation for 28 registered procedures.171 Administrative bodies are known to handle information requests, including those for environmental information, benevolently and so the Public Commissioner handles a low number of appeals.172

Slovenia adopted strategic orientations in 2016 in order to promote safe use of modern information and communication technologies and to ensure education in a safe, open, creative and sustainable learning environment supported by innovative uses of ICT.173

B. Are there any legal limits or restrictions on the right to access information that apply specifically to children?

According to the Access to Public Information Act, every citizen enjoys the right enshrined by Article 44 of the Constitution to actively participate in the management of public affairs.174

There is no legislation regarding at what age a child is allowed to enter an internet café in Slovenia.175 The Slovenian Safer Internet Centre promotes a safer and better use of the internet and mobile technologies among children and young people.176 This organisation provides a helpline for children, teenagers, young people and parents that find themselves with a need or predicament associated with the use of the internet or mobile devices.177 In addition, the Hotline Spletno oko enables internet users to anonymously report hate speech and child sexual abuse images they come across online.178 The Act on Audiovisual Media Services, the information security Act and the personal data protection Act provides further protection for children.179 A code of conduct was signed by the biggest national mobile operators and Internet service providers in 2009.180 The Code, renewed in 2013, lays down content classification requirements that providers must comply with in order to ensure the protection of children using their service.181

In 2013, the Agency for Communication Networks and Services also adopted rules on the protection of children on television and on-demand audiovisual media services in order to limit inappropriate content for persons under 18 and seriously impairing content to a specific section of their catalogue.182 Furthermore, content that might seriously harm the development of children must be protected by a PIN code.183

C. Does the national curriculum for schools include environmental education?

Slovenia has a rich environmental education system stemming from the 1970s and 1980s that has evolved to educate pupils on sustainable development. The author of that research concludes that environmental education is strongly embedded into the goals and principles of the current kindergartens curriculum, which includes: encouraging children to investigate and explain phenomena in the environment from different perspectives, developing consciousness of the co-dependence of natural and social phenomena, paying special attention to the negative effects of human activity on the environment as well as the problems which arise from these effects and the conflicts which occur when attempting to solve them, giving children the opportunity to acquire necessary knowledge, understanding, values, opinions, diligence and skills for protecting and improving the environment. The topics addressed by Slovenian kindergartens’ environmental education include acquiring basic knowledge of the environment, using modern methods and techniques based on demonstrating environmental education with practical cases and encouraging new approaches that improve the children’s motivation when solving environmental problems.184

The national curriculum for schools also includes environmental education. Slovenia’s basic education system is organised into a single-structure nine-year compulsory, state-funded basic school attended by students aged 6 to 15 years old.185 One of the eight basic school educational goals as articulated by the Ministry of Education is, “to educate for sustainable development, for taking responsibility for one’s actions, one’s health, other people and the environment.”186

Education and awareness raising activities are part of the measures taken to achieve the main goals of the National Environmental Action Programme 2020–2030.187 There is also a partnership with the Office of the Republic of Slovenia for Youth to implement this kind of activities and an advanced professional training of teachers, childcare workers and other professional and management staff of educational institutions.188 Education for nature conservation is promoted in schools and kindergartens.189 Through the Eco school program, 722 institutions registered as an eco-school in the school year 2018/19 and more than 130,000 children and 8,500 teachers were engaged in the environmental projects in order to improve general knowledge of the environment and of sustainable development principles and develop opportunities and projects.190

***

End notes

1 Basic Constitutional Charter on the Sovereignty and Independence of the Republic of Slovenia [‘The Constitution’]. Available at: http://www.us-rs.si/legal-basis/constitution/?lang=en.

2 Ibid.

3 Ministry of Environment (Republic of Slovenia), Resolution on the National Environmental Action Programme 2020–2030 (ReNPVO20-30). Available at: https://www.gov.si/en/policies/environment-and-spatial-planning/environment/pollution/.

4 Status of Ratification of the Convention on the Rights of the Child, UN Treaty Collection. Available at: https://treaties.un.org/pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-11&chapter=4&clang=_en.

5 Child Rights International Network (CRIN), Access to Justice for Children: Slovenia (2014). Available at: https://archive.crin.org/sites/default/files/slovenia_access_to_justice_0.pdf.

6 Supra note 3. See also Slovenia, Sustainable Development Indicators. Available at: https://www.sgi-network.org/2017/Slovenia/Environmental_Policies.

7 Access to Justice in Environmental Matters – Slovenia (2021), European e-Justice. Available at: https://e-justice.europa.eu/content_access_to_justice_in_environmental_matters-300-si-maximizeMS-en.do?member=1.

8 Up-344/96. Available at: https://www.r2heinfo.com/summaries/petition-of-pavel-ocepek-breg-pri-komendi-up-344-96/.

9 U-I-324/98. Available here.

10 U-I-277/00. Available here.

11 U-I-80/04-23. Available at: https://www.r2heinfo.com/summaries/application-u-i-80-04-23/.

12 U-I-22/15. Available at: https://www.r2heinfo.com/summaries/application-u-i-22-15/.

13 U-I-386/06-32. Available at: https://www.r2heinfo.com/summaries/application-u-i-386-06-32/.

14 Environment: Pollution, Ministry of Environment. Available at: https://www.gov.si/en/policies/environment-and-spatial-planning/environment/pollution/.

15 Sustainable Governance Indicators, Slovenia. Available at: https://www.sgi-network.org/2017/Slovenia/Environmental_Policies; Chambers and partners, Environmental Law 2023 – Slovenia. Available at: https://practiceguides.chambers.com/practice-guides/environmental-law-2023/slovenia

16 ZVO-2. Available at: https://climate-laws.org/documents/environmental-protection-act-march-2022_dad9?q=noise

17 Ibid., Article 231.

18 Ibid., section IX.

19 Supra note 16.

20 Decree amending the Decree on the management of packaging and packaging waste (2011). Available at: https://www.ecolex.org/details/legislation/decree-amending-the-decree-on-the-management-of-packaging-and-packaging-waste-lex-faoc130524/. See also, Sustainable Governance Indicators, Slovenia. Available at: https://www.sgi-network.org/2017/Slovenia/Environmental_Policies.

21 ZUreP-3. Available at: https://pisrs.si/pregledPredpisa?id=ZAKO8249.

22 Available at: https://www.ecolex.org/details/legislation/nature-conservation-act-lex-faoc061725/.

23 ZV-1. Available at: https://www.ecolex.org/details/legislation/water-act-lex-faoc061692/?q=waters+act+slovenia

24 The full list is available at: https://www.ecolex.org/details/legislation/environmental-protection-act-lex-faoc097886/. See also Environment and Climate Change Law and Regulations, ICLG (2021). Available at: https://iclg.com/practice-areas/environment-and-climate-change-laws-and-regulations/slovenia;, Environmental Law – Slovenia, Chambers and Partners (2023). Available at: https://practiceguides.chambers.com/practice-guides/comparison/746/12275/19399-19401-19402-19403-19404-19405-19406-19407-19408-19409-19410-19411-19412-19413-19414-19415-19416-19417-19418-19419-19420.

25 Available at: https://www.lexology.com/library/detail.aspx?g=ac6803c4-55ad-486d-b01f-115707f11733.

26 Available at: https://www.fao.org/faolex/results/details/en/c/LEX-FAOC196419/.

27 Available at: https://unece.org/environment-policy/public-participation/aarhus-convention/text.

28 Available at: https://unece.org/fileadmin/DAM/env/eia/documents/legaltexts/Espoo_Convention_authentic_ENG.pdf.

29 Available at: https://www.cbd.int/.

30 Available at: https://unfccc.int/process-and-meetings/the-paris-agreement.

31 OHCHR Report on the theme "Realizing children's rights through a healthy environment" pursuant to the HRC Resolution 40/14 – Input by SLOVENIA (2019). Available at: https://www.ohchr.org/sites/default/files/Documents/Issues/Children/RightsHealthyEnvironment/Slovenia.docx

32 Ibid.

33 Ibid.

34 Ibid.

35 Ibid.

36 Demonstration of innovative soil washing technology for removal of toxic metals from highly contaminated garden soil, European Commission LIFE Public Database. Available at: https://webgate.ec.europa.eu/life/publicWebsite/project/LIFE12-ENV-SI-000969/demonstration-of-innovative-soil-washing-technology-for-removal-of-toxic-metals-from-highly-contaminated-garden-soil.

37 Supra note 31.

38 Ibid.

39 Ibid.

40 Republic of Slovenia, Ministry of Environment, Climate and Energy, Exposure of residents and children to PM10. Available at: https://kazalci.arso.gov.si/en/content/exposure-residents-and-children-pm10-0.

41 Ibid.

42 Supra note 31.

43 Slovenia: More ambitious environmental action key to protect human rights, says UN expert, OHCHR (2022). Available at: https://www.ohchr.org/en/press-releases/2022/10/slovenia-more-ambitious-environmental-action-key-protect-human-rights-says

44 Ibid.

45 Ibid.

46 Žiga Tkalec, Tina Kosjek, Janja Snoj Tratnik et al., Exposure of Slovenian children and adolescents to bisphenols, parabens and triclosan: Urinary levels, exposure patterns, determinants of exposure and susceptibility, 146 Environment International 106172. Available at: https://www.sciencedirect.com/science/article/pii/S0160412020321279.

47 Supra note 43.

48 European Pollutant Release and Transfer Register (E-PRTR). Available at: https://www.eea.europa.eu/data-and-maps/data/member-states-reporting-art-7-under-the-european-pollutant-release-and-transfer-register-e-prtr-regulation-23/european-pollutant-release-and-transfer-register-e-prtr-data-base.

49 Slovenia - Industrial Pollution Profile, European Environment Agency (2020). Available at: https://www.eea.europa.eu/themes/industry/industrial-pollution/industrial-pollution-country-profiles-2020/slovenia.

50 Supra note 30.

51 National Statistics Act (Official Gazette of the Republic of Slovenia, No. 45/95 and 9/01). Available at: http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO424.

52 Statistical Office of the Republic of Slovenia. Available at: https://www.stat.si/statweb/en.

53 Slovenia - Extraterritorial Jurisdiction, National Action Plans on Business and Human Rights (2019). Available at: https://globalnaps.org/country-issue/slovenia-extraterritorial-jurisdiction/.

54 Business Crime Laws and Regulations, ICLG (2021). Available at: https://iclg.com/practice-areas/business-crime-laws-and-regulations/slovenia.

55 Duarte Agostinho and Others v. Portugal and 32 Other State, Climate Case Chart. Available: http://climatecasechart.com/non-us-case/youth-for-climate-justice-v-austria-et-al/.

56 For more information on Slovenian courts, see: https://www.gov.si/en/state-authorities/.

57 Supra note 7.

58 Available at: https://www.wipo.int/edocs/lexdocs/laws/en/si/si044en.pdf.

59 Ibid.

60 Available at: https://www.ebrd.com/downloads/legal/core/slolom.pdf.

61 Aljoša Petek, Senka Šifkovič, Polona Lamut, Anja Ovnik Brglez, Špela Šuštaršič, Štoparksi vodnik po varstvu okolja (PIC n.d.). Available at: zagovorniki-okolja.si/stoparski-vodnik.

62 Ibid.

63 Supra note 7 and ICLG supra note 24.

64 Supra note 1, Articles 160 and 162. A compilation of the conditions for lodging constitutional complaints is available on the web page of the Constitutional Court: https://www.us-rs.si/applications/conditions/?lang=en.

65 (KZ-1), Chapter 32. Available at: https://www.policija.si/images/stories/Legislation/pdf/CriminalCode2009.pdf.

66 Supra note 61.

67 Ibid.

68 The European Commission’s responsibilities regarding legal enforcement are provided in further detail on its webpage at: https://ec.europa.eu/environment/legal/law/index.htm.

69 The European Commission webpage details the process for filing complaints regarding breaches of EU law. Available at: https://ec.europa.eu/info/about-european-commission/contact/problems-and-complaints/complaints-about-breaches-eu-law/how-make-complaint-eu-level_en.

70 The list of measures provided on the EU law database is available at: https://eur-lex.europa.eu/summary/chapter/20.html.

71 Supra note 1.

72 Supra note 27. Ratification dates are available here: https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=XXVII-13&chapter=27&clang=_en.

73 Supra note 1.

74 Supra note 16.

75 Article 18 of the HRO Rules of Procedure. Available in English at: http://www.varuh-rs.si/en/about-us/legal-framework/hro-rules-of-procedure/. Supra note 61.

76 Supra note 7.

77 Human Rights Ombudsperson, Republic of Slovenia. Available at: http://www.varuh-rs.si/en/about-us/.

78 Supra note 16.

79 Ibid.

80 Ibid.

81 Ibid.

82 Supra note 7.

83 Available at: https://wvm.legislationline.org/taxonomy/term/18275.

84 Ibid., Articles 43 and 129. Supra note 27, Article 9.2.

85 Supra note 5.

86 Article II(1) 6 of the Collective Actions Act. Available at: https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina/2017-01-2517?sop=2017-01-2517.

87 Slovenia’s Supreme Court website provides further information on Collective Redress Law. Available at: https://www.sodisce.si/sodni_postopki/register_kolektivnih_tozb/

88 Article 54 of the Constitutional Court Act. Available in English at: https://www.us-rs.si/legal-basis/statutes/?lang=en.

89 Supra note, Articles 50 and 52; supra note 75, Article 38.

90 Supra note 88, Articles 24 and 53.

91 Supra note 61.

92 Ibid.

93 Ibid.

94 Supra note 1.

95 Slovenia, Youth Policy. Available at: https://www.youthpolicy.org/factsheets/country/slovenia/.

96 Article 108 of the Law on Marriage and Family Relationship. Available at: https://www.icj.org/wp-content/uploads/2013/05/Slovenia-Marriage-and-Family-Relations-Act-1977-eng.pdf; Articles 77 to 78 of the Civil Procedure Act. Available at: https://pisrs.si/pregledPredpisa?id=ZAKO1212; Supra note 83, Articles 46 to 47.

97 Supra note 5.

98 Supra note 58.

99 Ibid., Article 135.

100 “Excessive environmental burden” is defined in Article 3 of the EPA.

101 Supra note 58, Article 131.

102 Supra note 58.

103 Ibid.

104 Ibid., Article 352. Supra note 24, Chambers and Partners.

105 Administrative Dispute Act, available at: http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4732.

106 Ibid., Articles 23 and 28.

107 Supra note 88.

108 Ibid., Article 52.

109 Supra note 7.

110 Available at: https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina/51099. Further information on free legal aid is available at: http://www.sodisce.si/sodni_postopki/brezplacna_pravna_pomoc/.

111 Ibid.

112 Ibid., Articles 10 to 14. Supra note 5.

113 Articles 30-32 of the Societies Act. Available in English at: https://www.gov.si/assets/ministrstva/MJU/SNVO/ENG/Act-On-Non-Governmental-Organisations-ZNOrg.docx Supra note 7 (describing how non-governmental organisations can gain a public interest status).

114 Supra note 61.

115 Ibid.

116 Ibid.

117 Ibid.

118 Ibid.

119 Ibid.

120 Ibid.

121 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. Available at: https://eur-lex.europa.eu/eli/dir/2004/35/oj.

122 As prescribed in the Criminal Code and the Liability of Legal Persons for Criminal Offences Act. Supra note 24, ICLG and Chambers and Partners.

123 Supra note 16, Articles 9, 161 and 162.

124 Ibid., Article 10.

125 Supra note 7.

126 Supra note 24, ICLG.

127 More information on those different bodies is available on the government website: https://www.gov.si/en/state-authorities/bodies-within-ministries/.

128 Supra note 61.

129 Supra note 24, Chambers and Partners.

130 Supra note 61.

131 See, http://www.varuh-rs.si/en/about-us/.

132 Supra note 1.

133 Supra note 4.

134 Urban Bolika et al., Implementing the Child participation assessment tool in Slovenia (Inštitut Republike Slovenije za socialno varstvo 2019). Available at: https://lirias.kuleuven.be/3382329&lang=en.

135 Available at: https://www.rightofassembly.info/assets/downloads/2005_Law_on_Public_Assembly.pdf

136 Ibid.

137 Supra note 4.

138 Supra note 134.

139 Slovenian Youth to join Global Climate Strike, The Slovenia Times (2019). Available at: https://sloveniatimes.com/14385/slovenian-youth-to-join-global-climate-strike.

140 Ibid.

141 Ibid.

142 Peaceful Assembly and Media Freedom Stained under Janša's Government, Civicus (2020). Available at: https://monitor.civicus.org/explore/peaceful-assembly-and-media-freedom-strained-under-jansas-government/.

143 Judge halts procedure against student protester, The Slovenia Times (2021). Available at: https://sloveniatimes.com/24108/judge-halts-procedure-against-student-protester.

144 Ibid.

145 Supra note 1.

146 Supra note 1, Articles 39 and 41.

147 Ibid., Article 56.

148 Available at: https://media.unesco.org/sites/default/files/webform/r2e002/e8a5e9be1fcacc34981c772e937360ab27278f42.pdf.

149 Supra note 134.

150 Supra note 65.

151 ZDru-1, Article 2. Available at: https://pisrs.si/pregledPredpisa?id=ZAKO4242.

152 Ibid., Article 5 and 8.

153 Ibid., Article 11.

154 Ibid.

155 Ibid.

156 Infringing a child’s right is permissible only if it is necessary to protect another constitutional right, e.g., the right of parents to educate their children. The Constitutional Court held that “it is indisputable that the right of children to assemble (to join societies) must be restricted with the role of the parents” due to financial and educational considerations. However, the Constitutional Court also noted that this right of parents contemplates that they are acting in accordance with their children’s interests, as is required under Article 54 of the Constitution: “Parents have the right and duty to maintain, educate, and raise their children. This right and duty may be revoked or restricted only for such reasons as are provided by law in order to protect the child's interests.” U-I-391/96, available at: https://www.us-rs.si/decision/?lang=en&q=children+minor&df=&dt=&af=&at=&vd=&vo=&vv=&vs=&ui=&va=&page=1&sort=&order=&id=95821.

157 Supra note 1.

158 Available at: https://www.ip-rs.si/en/legislation/access-to-public-information-act/.

159 Available at: https://pisrs.si/pregledPredpisa?id=ZAKO7148.

160 Supra note 16.

161 Supra note 83.

162 RTI Map, Access Info Europe. Available at: https://www.access-info.org/open-decision-making/legal-analysis/.

163 Supra note 61.

164 Supra note 162.

165 Supra note 24, ICLG.

166 Information Commissioner, Republic of Slovenia. Available at: https://www.gov.si/en/state-authorities/other-institutions/information-commissioner/.

167 Available at: https://www.ip-rs.si/en/.

168 Supra note 158.

169 Supra note 16.

170 Ibid.

171 Knez, Rajko. Free Access to Environmental Information Report – Slovenia (2016). Available at: https://jm-excellence.pf.um.si/wp-content/uploads/2013/10/WP-21-June-2016-Rajko-Knez-Access-to-public-information-in-environmental-cases.pdf.

172 Ibid.

173 Supra note 134.

174 Supra note 158.

175 Child and Youth Protection in Slovenia, Protection of Minors. Available at: http://www.protection-of-minors.eu/en/country/SI#:~:text=Municipal%20decrees%20in%20several%20municipalities,their%20parents%20or%20legal%20guardians.

176 See: https://www.betterinternetforkids.eu/sic/slovenia.

177 Ibid.

178 See https://www.spletno-oko.si/english/who-are-we.

179 Available at: https://www.betterinternetforkids.eu/documents/167024/6823249/Slovenia+-+BIK+Policy+Map+Infosheet+-+FINAL.pdf/8eb3f28b-7f0e-c4cb-f245-1f55d671661a?t=1622798027491.

180 Francisco Javier Cabrera Blázquez, Maja Cappello, Sophie Valais, The protection of minors in a converged media environment, European Audiovisual Observatory (2015). Available at: https://rm.coe.int/1680783486.

181 Ibid.

182 Ibid.

183 Ibid.

184 Vodopivec, Jurka Lepicnik, Some Aspects of Sustainable Development in Kindergartens in Slovenia. US-China Education Review A (2011). Available at: https://pdfs.semanticscholar.org/960f/d1691e57e4f595342b9cb35fc88a137f6eda.pdf.

185 The Education System in the Republic of Slovenia 2018/2019. Ministry of Education, Science and Sport in the Republic of Slovenia. Available at: http://www.eurydice.si/publikacije/The-Education-System-in-the-Republic-of-Slovenia-2018-19.pdf.

186 The Education System in the Republic of Slovenia 2018/2019 (p25). http://www.eurydice.si/publikacije/The-Education-System-in-the-Republic-of-Slovenia-2018-19.pdf.

187 Supra note 14.

188 Pollution, Republic of Slovenia. Available at: https://www.gov.si/en/policies/environment-and-spatial-planning/environment/pollution/.

189 Eco-schools in Slovenia, Ministry of Environment, Climate and Energy. Available at: http://kazalci.arso.gov.si/en/content/eco-schools-slovenia.

190 Ibid.