8/01/2011

Slovenia: Two legal decisions on LGBT rights

The first case of gay asylum request in Slovenia was closed down in
July 2008. In the last two years lesbian section SKUC-LL and the
solicitor's office from Ljubljana supported a gay men couple (aged 27
and 33) from Kosovo in their struggle to be granted the asylum on the
ground of persecution because of their sexual orientation.

Their application for the asylum in Slovenia, submitted in June 2006,
was rejected by the Ministry of the Interior in February 2007. The
asylum seekers were ordered to leave Slovenia immediately. Due to
procedural mistakes committed by the Ministry during the asylum
procedure they brought charges first to the Administrative Court of
Republic of Slovenia and later on to the Supreme Court of Republic of
Slovenia. Both court decisions were in favor of the plaintiffs. The
Supreme Court ordered in May 2008 to the Ministry of the Interior to
restart the whole asylum procedure, according to the existing
standards of international protection of asylum seekers. The case was
closed down in July 2008 after both asylum seekers left Slovenia.
During their stay in Asylum Center in Ljubljana they suffered
homophobic harassment and violence of the co residents and the police.

In October 2007 a lesbian couple was treated discriminatory by the
personnel of a bar in Ljubljana. When they kissed each other they were
approached by the security person and told to leave the bar at once,
because it was a heterosexual bar, and not for lesbians. They reported
the incident to the police and submitted the complaint against the
security person to the State prosecutor. In June 2008 the State
prosecutor recognized the defendant was breaking the Article 141 of
the Penal Code (equality clause). To the proposal of the State
prosecutor the plaintiffs agreed upon the extra-court compromise with
the defendant, who is obliged to pay the fine - damages to the victims
according to the law.

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