SloveniaAct on Protection against Discrimination (ZVarD), Articles 1, 2, 4 and 6, the ban on discrimination on any personal circumstance, disability among them, in access to goods and services available to the public, and the remedies and fines of Articles 39, 44 and 45
In force since .
A disability discrimination rule binding public and private bodies.
What it requires
- The Act names no technical standard; it is a general ban on discrimination on grounds of personal circumstances, disability among them, that covers access to goods and services available to the public, enforced through the inspectorates, claims in court and fines (Art. 1(1), 2(1), 4, 39, 45).
- If you offer goods or services to the public, do not expose a person to discrimination on grounds of disability, which includes treating the person less favorably than another in a similar situation (direct discrimination) and applying a seemingly neutral provision, criterion or practice that puts the person at a disadvantage unless it rests on a legitimate aim and the means are appropriate and strictly necessary (Art. 4, 6).
- A person who considers that you discriminated against them may sue for an end to the discrimination, compensation of EUR 500 to EUR 5,000 or publication of the judgment in the media (Art. 39).
- Exposing a person to discrimination in the areas of Art. 2 is an offence that a legal person, sole trader or self-employed individual answers for with a fine of EUR 3,000 to EUR 20,000 (Art. 45(1)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 45(1) fines a legal person, sole trader or self-employed individual EUR 3,000 to EUR 20,000 for exposing a person to discrimination in the areas of Article 2. Article 45(2) fines them EUR 3,000 to EUR 30,000 for victimisation or for exposing persons to graver forms of discrimination in those areas.
- Rule
- Fixed only
- As of
- Minimum
- 3,000
- Currency
- EUR
- Fixed cap
- 30,000
Who enforces it
Enforcement body
The inspectorate competent for supervision in the area where the discrimination occurred is the offence authority under Art. 44(1).
Settledness
- As of
- Open questions
- Does the ban on discrimination in access to goods and services available to the public in Article 2(1) reach a website or mobile application through which a private subject offers goods or services?
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- a state body, local community, holder of public authority, or legal or natural person that acts in legal dealings or otherwise in relation to third persons (Article 2(1))
What this law does
Article 1(1) protects every individual against discrimination irrespective of grounds that include disability. Article 2(1) binds state bodies, local communities, holders of public authority and legal and natural persons to ensure protection against discrimination, or equal treatment, of all persons in their legal dealings and other conduct towards third persons.
Article 2(1) names access to goods and services available to the public, including housing, among the matters in which that protection must be ensured. Article 4(1) defines discrimination as any unjustified de facto or legal unequal treatment, distinction, exclusion, restriction or omission of conduct on grounds of personal circumstances. Article 4(2) prohibits discrimination on grounds of any personal circumstance.
Article 6(2) finds indirect discrimination where an apparently neutral provision, criterion or practice puts a person with a given personal circumstance at a disadvantage compared with others, unless it rests on a legitimate aim and the means are appropriate and strictly necessary. Article 39(1) lets a person who considers that they were discriminated against sue for an end to the discrimination, compensation or publication of the judgment in the media.
Article 39(2) sets the money compensation for exposure to discrimination at EUR 500 to EUR 5,000. Article 44(1) makes the inspectorates competent for supervision in the area where the discrimination occurred the offence authorities. Article 45(1) fines a legal person, sole trader or self-employed individual EUR 3,000 to EUR 20,000 for exposing a person to discrimination in the areas of Article 2.
Article 45(2) fines a legal person, sole trader or self-employed individual EUR 3,000 to EUR 30,000 for victimisation or for exposing persons to graver forms of discrimination in the areas of Article 2.
When LexLint raises it
When your app profile says your app ships a consumer interface.
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